POTENTIAL_LEASE_OF_A_PORTION_OF_TAMPA_UNION_STATION_LOCATED_IN_THE_DOWNTOWN_CORE_COMMUNITY_REDEVELOPMENT_AREA_(Addendum_#3_Revision).pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

POTENTIAL LEASE OF A PORTION OF TAMPA UNION STATION LOCATED IN THE

DOWNTOWN CORE COMMUNITY REDEVELOPMENT AREA

25-P-00067

Real Estate

Lewina Woodard, Procurement Specialist

2555 E. Hanna Ave

Tampa, FL 33610

Phone: (813) 274-8354

Table Of Contents

1. NOTICE

2. SCOPE OF SERVICES

3. GENERAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. CONTENT OF PROPOSALS

6. EVALUATION

7. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

8. ATTACHMENTS & EXHIBITS

Attachments:

A - Form MBD-30 Payments

B - Form MBD-50 GFECP Guidelines

C - Form MBD-70 Procurement Guidelines

D - Form MBD-40 Letter of Intent

E - EBO-Form-71-for-RFQ-Evaluation-Points-V2

F - ADA Requirements

G - Overview of the Property and Lease Premises

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for POTENTIAL LEASE OF A PORTION OF TAMPA UNION STATION LOCATED IN THE DOWNTOWN CORE

COMMUNITY REDEVELOPMENT AREA, RFP # 25-P-00067 will be received by the Director of Purchasing, City of Tampa, until

Wednesday, February 26, 2025; then to be opened.

In accordance with the Americans with Disabilities Act (“ADA”) and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in these public hearings or meetings should contact the City of Tampa’s ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at

TampaADA@tampagov.net, or by submitting an ADA - Accommodations Request online form available at https://tampagov.net/ADARequest. Please note that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting.

Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer’s disqualification.

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

RFP document/specifications will be accepted up to ten days prior to the scheduled opening date and time and shall be submitted within the OpenGov Portal. Per the City of Tampa’s Communication Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than Lewina Woodard (lewina.woodard@tampagov.net) permitted from any Proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal.

Proposals shall be accepted no later than the time and date specified above. The RFP Opening shall be thereafter and published on the

OpenGov portal. All proposals received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the OpenGov eProcurement Portal. No file shall have a special character. No proposal may be withdrawn or modified after the time fixed for the opening of proposals.

Electronic submittals shall be performed in the OpenGov Portal via link https://procurement.opengov.com/portal/cityoftampa. To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Proposer submit their documents with adequate time allowed prior to the deadline. Proposer shall receive an email confirmation of their proposal submittal after clicking on the "Submit" button in the portal. The Proposer shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered.

1.2. PRE-PROPOSAL CONFERENCE

A PRE-PROPOSAL CONFERENCE will be held at 1:00 pm,Monday, January 13, 2025, at 2555 E Hanna Avenue, Tampa, Florida 33610, Purchasing Department, 2nd Floor (“Hanna City Center”) to discuss the above referenced subject.

BRING A COPY OF THIS RFP TO THE MEETING.

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

1.3. INSTRUCTIONS

City of Tampa solicitations are issued electronically via the OpenGov eProcurement Portal. Obtaining solicitations through the portal will ensure that proposers will have the following capabilities: receipt of solicitation documents electronically, track the status of solicitation award activity, receive addenda, receive the results of solicitation awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than OpenGov are cautioned that the solicitation packages may be incomplete.

The City will not accept incomplete proposals. Contact OpenGov at procurement-support@opengov.com for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the OpenGov eProcurement Portal. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. OpenGov is an independent entity and is not mailto:TampaADA@tampagov.net https://tampagov.net/ADARequest mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa mailto:procurement-support@opengov.com an agent or representative of the City. Communications to OpenGov does not constitute communications to the City. Contact OpenGov at procurement-support@opengov.com for more information.

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

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

Tabulations (results) will be posted in the OpenGov eProcurement Portal and made available to proposers after the scheduled public opening of the sealed proposals.

The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations.

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

2. SCOPE OF SERVICES

2.1. INTRODUCTION/SUMMARY

The City of Tampa is seeking proposals from interested passenger railroad carriers who will lease the Lease Premises

(and Additional Lease Space (if applicable)) located at 601 North Nebraska Avenue, Tampa, Florida 33602 that currently serves as Tampa Union Station (a passenger railroad train station) for the operation and management of a passenger railroad station and passenger railroad service (the “Lease”).

Timeline:

Release Project Date: December 18, 2024

Pre-Proposal Conference (Non-Mandatory): January 13, 2025, 1:00pm

2555 E Hanna Avenue, Tampa, Florida 33610, Purchasing Department, 2nd Floor (“Hanna City

Center”)

Question Submission Deadline: January 22, 2025, 1:00pm

Response Submission Deadline: February 26, 2025, 1:00pm

2.2. PROPOSER SUBMITTALS

The following must be submitted with the proposal:

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

IN OPENGOV, THE FOLLOWING ITEMS SHALL BE UPLOADED INTO THE PROPOSER’S AFFIDAVIT, PROPOSAL

SIGNATURE FORMS AND VENDOR RESPONSE SECTION:

PROPOSER'S RESPONSE

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

mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa/projects/134707/document?section=1212738

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

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

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

• References. Include a reference list of at least three clients to whom the Proposer has provided services similar to those being proposed to the City. This list will include the following information:

Name of Client Date of Services Address Contact Person Telephone Number Email Address

• General Statement of Experience. Please provide a summary of any relevant experience of the proposer in connection with the Lease at facilities similar to the Lease Premises (and Additional Lease Space (if applicable)).

Such summaries of relevant experience shall meet the minimum proposer prerequisites set forth Section

(OVERVIEW OF THE PROPERTY AND LEASE PREMISES SUBJECT TO AND PURPOSE OF THIS RFP), Sub-Section

(Proposer Prerequisites).

• Operational Plan.

A. Describe Lease Use(s) and Lease Premises (and Additional Lease Space (if applicable))

Development Requirements:

1. Description of Proposed Use(s) and Compliance with the Operation and Management of a Passenger

Railroad Station and Passenger Railroad Service: Describe in as much detail as possible the proposed use(s) of the Lease Premises (and Additional Lease Space (if applicable)) including any improvements that will be constructed, repaired, or rehabilitated and operated in the Lease Premises (and Additional Lease Space (if applicable)) by the proposer in compliance with the Lease. If applicable, please be sure to include proposed uses for the Lease Premises and Additional Lease Space independently.

A.

2. Future Land Use and Zoning: Confirm that the proposed use(s) of the Lease Premises (and Additional Lease

Space (if applicable)) will comply with or be consistent with:

• i. The City of Tampa, Land Development Code, as contained in Chapter 27 of the City Code of Ordinances (“City

Code”) and subject to all applicable and required administrative and quasi-judicial requirements and approvals.

Such City Code is linked below:

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE Alternatively, please identify any possible modifications that may be required to the Lease Premises (and Additional Lease Space

(if applicable)) future land use or zoning or to accommodate the Lease.

o A. Operating Requirements and Details: CSX Railroad Tracks and Passenger Railroad Station

Platforms: Please include a fully executed copy of agreement/partnership/license/lease by and between proposer and CSX, demonstrating proposer’s right to utilize or be hosted on railroad tracks and passenger railroad station platforms owned and operated by CSX, including those certain railroad tracks and passenger railroad station platforms owned and operated by CSX located immediately adjacent to and connecting to

Tampa Union Station. In the event proposer is unable to provide a fully executed copy of an agreement/partnership/license/lease by and between the parties, such proposer shall furnish to the City letters on company letterhead from each party demonstrating proposer’s right to utilize or be hosted on https://procurement.opengov.com/portal/cityoftampa/projects/134707/document?section=1212735 https://procurement.opengov.com/portal/cityoftampa/projects/134707/document?section=1212735 https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE railroad tracks and passenger railroad station platforms owned and operated by CSX as specified in this

Paragraph. Such agreement/partnership/license/lease or letters shall (a) be fully executed by authorized signatories of each respective party (for letters only, signed by authorized signatories of the applicable party);

(b) include the applicable railroad tracks and passenger railroad station platforms subject to the documents;

(c) include proposer’s permitted uses of such CSX property; and (d) include effective term period of such permitted use(s).

o B. Passenger Railroad Service: Please provide projected passenger railroad service routes to/from/through

Tampa Union Station, that will be operated and managed by Lessee at the Lease Premises (and Additional Lease Space

(if applicable)), including but not be limited to:

• Provide Information on Business Terms Including the Cost and Financing of the Lease, and Proposer

Projected Income:

▪ Consideration for the Lease of the Lease Premises (and Additional Lease Space (if applicable)): Please detail Lease amount payable by proposer to the City (e.g., monthly or annual rent amount) and/or what other form(s) of consideration proposer is willing to provide the City for the Lease of the Lease Premises

(and Additional Lease Space (if applicable)) (e.g., coverage of utility expenses at proposer’s cost, furnishing of janitorial services at proposer’s cost, furnishing of security services at proposer’s cost, etc.)

and/or contribution to Tampa Union Station.

▪ Estimated Proposer Lease Costs and Expenses: Please provide proposer estimated Lease costs and expenses including but not be limited to construction (if applicable), security services, janitorial services, utilities, furniture, fixtures, and equipment, operations labor, and other operation expenses. Proposers shall include all applicable supporting documentation to substantiate its estimated costs and expenses in its proposal submittal (e.g., supplier/sub-contractor quotes/invoices, utility bills from similar facilities where proposer operates passenger railroad station services, projected payroll budgets, independently audited financial statements by a certified public accountant).

▪ Estimated Projected Income: Please provide estimated projected annual income for each year of the

Term. Proposer’s income shall be itemized and include all applicable sources of revenue generated from the Lease Premises (and Additional Lease Space (if applicable)). Proposer’s proposal shall include all applicable supporting documentation to substantiate its projected income (e.g., independently audited financial statements by a certified public accountant or financial statements on its company letterhead signed by its Chief Financial Officer) o

▪ Lease Agreement Term: Please provide proposer’s proposed Lease Agreement term (the “Term”). The

Term proposed by proposer shall be in multiples of twelve-month periods (e.g., five (5) years, ten (10) years). Such Term shall be subject to the City’s acceptance and written approval in the Lease Agreement.

Lease/Contract Litigation/Legal Proceedings: Proposer shall identify any pending lawsuits and any past litigation in the last five (5) years immediately preceding the opening date of this RFP by providing a statement of any litigation or pending lawsuits that have been filed against the proposer.

• Special Agreement or Lease Terms: Please specify any special or unusual contract or lease terms and conditions requested by the proposer in connection with the Lease Agreement.

A. Proposer’s Diversity and Workforce Commitments:

A. General Diversity Commitment: Please confirm in writing that neither the proposer nor any proposer’s employees, consultants, representatives, suppliers, sub-tenants, sub-contractors, or agents will discriminate against any person or entity because of race, sex, religion or national origin, sexual orientation, color, pregnancy, age, marital status, familial status, disability, gender identification, gender expression, genetic information, ethnicity, or any other basis as prohibited by law or City ordinances in connection with the Lease, including, without limitation, sub-contracting and the acquisition of materials/services in connection with the design and construction (if any) of the Lease Premises

(and Additional Lease Space (if applicable)).

B. Compliance with the City’s EBO and Apprenticeship Programs: Chapter 26.5 of the City Code, among other things, establishes the City’s “Small and Local Business Enterprise”, “Women / Minority Business Enterprise”. Will the proposer and the proposer’s team voluntarily comply with and be subject to all or some of the City’s EBO contained in

Chapter 26.5 of the City Code (linked here:

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQBUOPPR) in connection with the Lease, including any design and construction of the Lease Premises (if applicable)? If so, please provide in detail.

A. Contract Termination for Default. Has the Proposer’s company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the

Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default.If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company’s position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience.

B. Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the

Company in the last five years.If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect.

2.3. LEASE AGREEMENT

The Lease Agreement, prepared by the City, by and between the City and the Successful Proposer (“Lessee”) shall be the award document resulting from this RFP. The Lease Agreement shall be subject to approval by City of Tampa’s City

Council (and possibly the Downtown Core CRA’s Community Redevelopment Agency if Downtown Core CRA’s

Community Redevelopment Agency funds were utilized by the City to acquire the Lease Premises (and Additional Lease

Space (if applicable)), and will address, as applicable but not be limited to: (1) the terms and scope of the Lease

Premises (and Additional Lease Space (if applicable)); (2) mutually agreed upon timelines for obtaining the necessary governmental approvals for construction/modifications of the Lease Premises (and Additional Lease Space (if applicable)) (if any) and for the completion of such construction/modifications (if any); (3) rent and/or other forms of consideration and any conditions pertaining to the leasehold interest of the Lease Premises (and Additional Lease Space

(if applicable)) from the City to the Lessee; and (4) if required or if volunteered by the Lessee, contractual assurances regarding compliance with the City’s Equal Business Opportunity (“EBO”) set forth in the City’s Code of Ordinances, Chapter 26.5 (linked here:

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQBUOPPR) in connection with the design and construction of the Lease Premises (and Additional Lease Space (if applicable)) (if any).

2.4. MANAGEMENT

If, during the course of the project, the Successful Proposer 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.

2.5. COORDINATION WITH THE CITY

The Successful Proposer 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.

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQBUOPPR

2.6. PROPOSER PREREQUISITES

A. Proposers shall have at least ten (10) years of continuous experience immediately prior to the opening date and time of this RFP as a business engaged in the operation and management of passenger railroad stations and passenger railroad service.

B. During the time period described in (OVERVIEW OF THE PROPERTY AND LEASE PREMISES SUBJECT TO AND PURPOSE OF THIS RFP), Sub-Section (Proposer Prerequisites), proposers shall have satisfactorily performed or shall be performing under at least one (1) lease for another government agency and/or private company requiring similar services to those set forth herein. Such a determination of satisfactory performance shall be in the City’s sole discretion.

C. In the event a proposal is submitted by a joint venture, the immediately foregoing prerequisites will be considered with respect to such proposal as follows: the prerequisites in Paragraphs (a) and (b) above, will be considered satisfied if the joint venture itself, or any of its participants individually, can meet the requirements.

D. Proposers shall have an agreement/partnership/license/lease in effect by the opening date and time of this

RFP and throughout the entire Lease Agreement Term to utilize or be hosted on railroad tracks and passenger railroad station platforms owned and operated by CSX, including those certain railroad tracks and passenger railroad station platforms owned and operated by CSX located immediately adjacent to and connecting to Tampa Union

Station. For the avoidance of doubt, the City does not own the railroad tracks or passenger railroad station platforms located immediately adjacent to Tampa Union Station; such railroad tracks and passenger railroad station platforms owned and operated by CSX shall not be included in the Lease Agreement.

2.7. PASSENGER RAILROAD SERVICE ROUTES AND DESTINATIONS

Proposers’ passenger railroad service shall include inter-city connections throughout the State of Florida and the contiguous United States from Tampa Union Station throughout the entire Term. Proposer’s proposed passenger railroad service routes and destinations shall be included in its proposal as described (REQUIRED ELEMENTS OF THE

PROPOSAL), Sub-Section (Operating Requirements and Details), Paragraph (Passenger Railroad Service).

2.8. PARKING

Car parking spaces and/or areas at Tampa Union Station for Lessee and/or Lessee’s staff shall not be included in the

Lease Agreement. Any parking requirements by Lessee and/or for its staff shall be subject to the terms in a separate

City Mobility Department agreement, prepared by the City, by and between the City and Lessee and subject to the parties’ mutual agreement.

3. GENERAL CONDITIONS

3.1. PROPOSAL DUE DATE

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

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

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

3.2. ADDENDUM AND AMENDMENT TO RFP

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

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

It will be the responsibility of the Proposer to review OpenGov prior to submitting a proposal to ascertain if any addenda 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 RFP, shall immediately notify the City of such error via email within the OpenGov eProcurement Portal and request modification or clarification of the RFP. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who queried the solicitation in the

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

3.4. FLORIDA PUBLIC RECORDS LAW

In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. Proposer is required to acknowledge whether or not they are asserting that certain information in its proposal is confidential and/or proprietary and/or exempt from public disclosure. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the

Proposer is required to do the following:

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

A. 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.

B. 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.

C. 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:

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

2. 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;

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 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.

5. 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.

6. 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)) https://procurement.opengov.com/portal/cityoftampa/projects/134707/document?section=1212738 https://procurement.opengov.com/portal/cityoftampa/projects/134707/document?section=1212732

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.

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

RFP 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. 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 RFP the underutilized WMBE

Industry Category is “Professional”.

3.10. 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.

http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances http://www.tampagov.net/ebo

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 MBD Form 71 for the SLBE participation scoring criteria for this RFP.

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

3.11. INCURRED EXPENSES

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

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

3.12. PROPOSAL BINDINGS

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

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

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.

3.14. EQUAL OPPORTUNITY

The City of Tampa hereby notifies all Proposers 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 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 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

A. 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

B. with companies for goods or services of $1 million or more, that are on…