Psychological_Screening_Services_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityoftampa

City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Psychological Screening Services

26-P-00473

Police

Arian Cora, Procurement Analyst

2555 E. Hanna Ave

Tampa, FL 33610

Phone: (813) 274-5743

Table Of Contents

1. NOTICE

2. SCOPE OF SERVICES

3. GENERAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. CONTENT OF PROPOSALS

6. EVALUATION

7. PRICING PROPOSAL

8. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

9. ATTACHMENTS & EXHIBITS

Attachments:

A - DMI-30-Form-Payment-Package-or-Final-with Invoices_SLBE_ADA

B - DMI-71-Form-for-RFQ-RFP-Evaluation-Points-V5-SLBE_ADA

C - Sample_City_of_Tampa_Agreement_ADA_Compliant

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for Psychological Screening Services, RFP # 26-P-00473 will be received by the Director of Purchasing, City of

Tampa, until Tuesday, September 29, 2026; 3:00 pm: then to be opened.

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

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

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

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

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

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

OpenGov portal. All proposals received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the OpenGov eProcurement Portal. File Names may not contain special characters. 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 10:00 am,Tuesday, September 8, 2026, at 2555 E. Hanna Avenue, Tampa, FL 33610 Technology and Innovation (T&I) Riverwalk Conference Room No. 305.23 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 issuing this Request for Proposal to obtain a qualified, licensed Clinical Psychologist to provide professional services in connection with psychological screening and consultation for the City’s Tampa Police Department and Tampa Fire Rescue.

The Successful Proposer will be required to assess the psychological stability and suitability of applicants applying for positions in the

Tampa Police Department and Tampa Fire Rescue, as well as other duties set forth herein.

Timeline:

Release Project Date: August 27, 2026

Pre-Proposal Conference (Non-Mandatory): September 8, 2026, 10:00am

2555 E. Hanna Avenue, Tampa, FL 33610 Technology and Innovation (T&I) Riverwalk Conference Room No.

305.23

Question Submission Deadline: September 14, 2026, 3:00pm

Response Submission Deadline: September 29, 2026, 3:00pm

2.2. BACKGROUND

The City is a major employer in the Tampa Bay area with a workforce of approximately 4,800 employees. About 80 new employees are hired annually into uniformed police positions. The City requires that all new police officers undergo psychological screenings.

Additionally, about 30 new employees are hired annually into firefighter positions. The City will require that all new firefighters undergo psychological screenings. The number of new hires may vary from these numbers and may be more or fewer. The screenings consist of written tests and in-person interviews. The City makes no guarantee of the amount of work required or performed.

2.3. SCOPE OF WORK

There will be approximately 110 pre-employment examinations annually. Examinations will ordinarily be conducted during normal City working hours, Monday – Friday 8:00 AM to 5:00 PM. It is preferred that all testing and interviews be conducted at the

Successful Proposer’s local business office for normal pre-employment screenings. The City may also require the Successful Proposer to perform fitness-for-duty or return-to-duty evaluations under certain circumstances for both departments.

2.4. SERVICES REQUIRED

The licensed Clinical Psychologist (herein called “Successful Proposer”) shall perform the following services: Initial meeting with representatives from the Department of Human Resources and Talent Development, City of Tampa Police Department and City of

Tampa Fire Rescue Department with the purpose of: reviewing process, instruct/train on how to interpret/read reports; and discussion of the instruments being used and their role in the hiring process. Scheduling and completion of a structured 30 to 60-minute clinical interview for confirmation or ruling out psychological characteristics identified by written tests. The Successful Proposer will hold additional interviews in complex cases. The interview will be formatted so that major areas of the applicant’s background will be reviewed and contrasted with the psychological test battery results.

A. A written report is required for each applicant, including the interpretation of the psychological evaluation and recommendation concerning the applicant’s suitability for employment in the position sought. It may include any clinical observations that the provider might have regarding the validity or reliability of the results.

B. Successful Proposer shall maintain an effective quality control process that allows for independent review of all documentation, psychological test results, and reports by the reviewers selected by the Department of Human Resources and Talent Development.

C. Independent Re-Evaluation by Lead Psychologist

Any applicant or individual who, as a result of an initial psychological screening or evaluation, is not cleared, deemed unsuitable, or determined not fit for the applicable position, assignment, or duty status shall undergo an independent re-evaluation conducted personally by the Successful Proposer’s designated Lead Psychologist prior to the issuance of a final determination or recommendation to the City.

The Lead Psychologist shall personally re-interview and re-evaluate the applicant or individual and shall independently review the applicable psychological testing, initial clinical interview findings, supporting documentation, and other relevant information necessary to reach a final professional determination.

Upon completion of the independent re-evaluation, the Lead Psychologist shall prepare and document a final written determination and recommendation regarding the applicant’s or individual’s suitability or fitness. The final determination shall be provided to the appropriate City Representative in accordance with the reporting, security, confidentiality, and applicable legal requirements of this

RFP.

D. Successful Proposer will ensure the applicants’ rights to privacy are protected at all times and obtain applicants’ informed consents, when applicable, in compliance with all applicable federal and state laws including but not limited to the Health Insurance Portability

Act of 1996 (Public Law 104-191) (HIPAA) and the regulations promulgated thereunder.

All psychological evaluations will be conducted after an applicant has been given a conditional offer, subject to successful completion of the evaluation. Security: The Successful Proposer should make provisions for the security and confidentiality of all testing materials

(e.g., test booklets/items) including material presented electronically. Provisions should also be made for the security of, access to, and retention of the psychological reports and raw data, including information stored or transmitted electronically.

1. Administer required pre-employment psychological screenings for applicants (in-person) for employment as police officers and firefighters, including but not limited to:

• Minnesota Multiphasic Personality Inventory or MMPI-3

• NEO Personality Inventory-Revised

• Personality Assessment Inventory

• California Psychological Inventory

• Psycho-Social History

• Rotter’s Incomplete Sentences

• STAXI

• Clinical Report

• Any other testing deemed advisable by the City or recommended by the Successful Proposer.

2. Perform clinical interviews of applicants requested by the City. Fully evaluate, through interviewing and testing, any history of drug abuse, overdose, counseling, or past and current mental health disorders and determine its potential impact on job performance and provide a recommendation accordingly.

3. As necessary, participate in the City’s Fire and Police Officer Training and Evaluation Programs held throughout the City for the purposes of refining the officer selection process and improving the training program.

4. Perform psychological screening of applicants for special unit assignments including Vice, Narcotics, Intelligence, Bomb

Squad, Tactical Response Team, Tactical Medical Response Team, Hostage Negotiation Team and K-9.

5. All consulting on personnel issues should be with the Human Resources Department.

6. As necessary, provide expertise and technical assistance to fire/police department staff in utilizing psychological services in law enforcement and fire service; e.g., investigative hypnosis, hostage negotiation, development of criminal profiles, analysis of terrorist literature and psychological autopsies.

7. Advise and consult on training and development programs for both Police and Fire personnel.

8. As necessary, conduct workshops for the City’s currently employed police officers, firefighters and their families. For example, the City may call upon the Successful Proposer to provide a workshop in handling stress, understanding the job from a spouse perspective, post-incident reintegration, etc.

9. Emergency counseling for officers or firefighters on an on-call basis; e.g., post-event traumatic incident counseling. For a major disaster over an extended period of time, a field visit may be required.

10. Evaluate personnel concerning suitability for his or her job assignments, as required.

11. Provide Hostage Negotiation Team consultation.

2.5. QUALIFICATIONS OF PROPOSERS

To qualify as the Successful Proposer, the licensed Clinical Psychologist must have the following:

a. Evaluations shall be conducted by licensed doctoral-level clinical psychologists, except where otherwise permitted by law, with expertise in clinical psychological testing and assessment, and expertise in personnel evaluation using measures of normal personality characteristics, skills, and abilities. Clinical Psychologists shall also be trained and experienced in psychological evaluations for public safety positions, in particular.

b. Clinical Psychologists shall be familiar with the research literature available on psychological testing for public safety positions.

Clinical Psychologists shall also be familiar with employment law impacting the conduct of pre-employment psychological evaluations, including but not limited to the Americans with Disabilities Act (ADA), Equal Employment Opportunity (EEO), or other federal and state laws applicable to the practitioner’s jurisdiction. Psychologists shall consult with their own legal counsel when appropriate.

c. Lead Psychologist: The Successful Proposer shall designate a licensed doctoral-level clinical psychologist to serve as the Lead

Psychologist for services performed under this contract. The Lead Psychologist shall meet all applicable qualifications established in this

RFP and shall have primary responsibility for clinical oversight of services provided under the contract.

The Lead Psychologist shall also be responsible for personally conducting the independent re-interview and re-evaluation of any applicant or individual who is not cleared, deemed unsuitable, or determined not fit following an initial psychological screening or evaluation, as required under Section 2.4.

d. Clinical Psychologists must adhere to ethical principles and standards for practice in their jurisdiction.

e. Clinical Psychologists shall adhere to the established code of ethics, standards, and practices of the American Psychological

Association (APA).

f. Physical facilities adequate to handle the volume of in-person psychological screenings within 20 miles of Old City Hall, 315 E.

Kennedy Blvd., Tampa, Florida 33602, with appointment times available Monday through Friday, 8:00 am – 5:00 pm.

g. Organizational structure and management capable of performing the services efficiently and meeting all other contract obligations.

h. Record of success and reliability in providing psychological services to business and industry. Preferably First Responders (Law

Enforcement and Fire Personnel).

i. Facilities and staff accessible to City personnel.

j. Financial resources sufficient to ensure good business relations with the City.

k. Licensed to do business and practice in the State of Florida.

2.6. SERVICES TO BE PERFORMED

SERVICE APPOINTMENTS:

The Successful Proposer shall provide the City with a variety of psychological services. Examinations will be performed during normal working hours unless otherwise arranged. The Successful Proposer must be able to acknowledge appointment requests for services within 24 hours or less. Efforts should be made to physically see the employee within 72 hours. The City will be responsible for setting up and scheduling the appointments for service.

EXAMINATIONS:

In a satisfactory, proper and customary manner, as determined by the City, the Successful Proposer shall provide or cause to be provided professional services as more particularly described in Section 2.4 “Services Required”. Such Services shall be performed and reported to the City by persons and instrumentalities under the dominion and control of the Clinical Psychologist.

REPORTING SERVICES:

The Successful Proposer shall provide the City with the results via secured email of all psychological screenings within one week from the date of the examination and shall be willing and able to substantiate and defend findings. The Successful Proposer will notify the appropriate City Representative by telephone when applicants do not pass the screening. Reporting documents shall be mailed to the

City on a daily basis. All records of examinations conducted shall be retained for a period as required by law only by the Successful

Proposer. The Successful Proposer shall retain copies of the summary reports provided to the hiring authorities permanently in its files.

At the end of the retention period, the examination documents will be disposed of as required by Florida law regarding records.

Return to Duty or Fitness for Duty preliminary examination results will need to be returned via secured email within 24 hours. The

Successful Proposer will immediately notify the appropriate City Representative by telephone when examinations provide a “not fit” result. Full reports are due to the appropriate City Representative by secured email within five (5) business days.

SPECIAL EXAMINATIONS:

In addition to the normal examinations, the Successful Proposer may be required to perform special examinations necessitated by unusual circumstances or by law. The prices of such special examinations shall be at favored customer rates.

LICENSING AND EDUCATIONAL REQUIREMENTS:

The Successful Proposer and all persons working under the terms of this contract shall meet and maintain any and all legal requirements for licensing and continuing education for the duration of the contract.

2.7. PROPOSER SUBMITTALS

The following must be submitted in detail with the proposal:

1. Complete and submit the Fee Schedule in section 7 (pricing proposal)

2. Copy of current professional license.

3. Copy of current occupational license.

4. Copy of current business license.

5. Experience, qualifications, training used by Proposer to perform the services, including resources used for Law Enforcement and First Responders personnel.

6. Experience and Qualifications of Staff.

7. Work assignments.

8. Task accomplishment methodology.

9. Curriculum Vitae of Clinical Psychologist(s).

10. List all Professional Organizations/Boards the Proposer is associated with.

11. Provide any disciplinary or administrative action taken against the Proposer by the State of Florida or other US states and any revocation of licensure.

2.8. INDEPENDENT CONTRACTOR STATUS

The Successful Proposer is and shall remain an independent contractor and is neither an agent, employee, partner, nor joint venture of the City.

2.9. COORDINATION WITH THE CITY

The Successful Proposer shall identify a point of contact to work in close coordination with the City’s point of contact in Human

Resources.

3. GENERAL CONDITIONS

3.1. PROPOSAL DUE DATE

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

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

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

3.2. ADDENDUM AND AMENDMENT TO RFP

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

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

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

3.3. ERRORS AND OMISSIONS

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

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

3.4. FLORIDA PUBLIC RECORDS LAW

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

Proposer is required to do the following:

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

2. Place such information in a separate file labeled “REDACTED, EXEMPT FROM PUBLIC DISCLOSURE” this uploaded document must be separate from the Proposer's other Proposal documents,

3. Specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed within the redacted file. The “REDACTED” file that contains the Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer’s “REDACTED” copy. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.*

Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Proposer agrees to defend the City of

Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Proposer’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa

(and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure.

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

Proposal submittal as “non-responsive”.

1. In accordance with Section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State

Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

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

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

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

B. Upon request from the City, Successful Proposer shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the

City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

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

(or early termination) of the contract if the Contractor does not transfer the records to the City;

D. Upon completion (or earlier termination) of the award, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the award, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the award, Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

E. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein.

F. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE

SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC

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

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

HANNA AVE, TAMPA, FL 33610.

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

QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTSCONDITIONS.

3.5. CITY OF TAMPA ETHICS CODE

The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics

Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522)

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

Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the

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

Code, Chapter 2, Article VIII. - Section 2-514(d))

Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code Corporation at the website link https://procurement.opengov.com/portal/cityoftampa/projects/285892/document?section=2755657 https://procurement.opengov.com/portal/cityoftampa/projects/285892/document?section=2755657 https://procurement.opengov.com/portal/cityoftampa/projects/285892/document?section=2755650 http://www.tampagov.net/human-resources/info/lobbyist-information 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. 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.

3.7. 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.

3.8. 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 DMI-71-Form for the SLBE participation scoring criteria for this RFP.

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

3.9. 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.

3.10. PROPOSAL BINDINGS

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

3.11. 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.

3.12. 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.

3.13. COMPLIANCE WITH LAWS

https://www.municode.com/library/fl/tampa/codes/code_of_ordinances http://www.tampagov.net/ebo http://www.tampagov.net/ebo

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.

3.14. 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.

3.15. SURVIVAL

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

3.16. 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 may lead to the disqualification of the Proposer or the termination of its award.

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.

3.17. 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.

3.18. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME)

Officer understands that a “person” or “affiliate” who has been placed on the “convicted vendor list” following a “conviction” for a

“public entity crime” (as those terms are defined in Section 287.133, Florida Statutes) for a period of 36 months following the date of being placed on the convicted vendor list, is ineligible to contract with or submit a bid, proposal or reply to contract with the City of

Tampa. Business Entities placed on either the “discriminatory vendor list” or “antitrust vendor list” are ineligible to transact business with the City of Tampa.

https://procurement.opengov.com/portal/cityoftampa/projects/285892/document?section=2755657

Officer understands and attests that neither Officer, nor any person or affiliate of the Entity, nor the Entity have been placed on any of the above referenced vendor lists that would render the Entity ineligible to contract with or submit a bid, proposal or reply to contract with the City of Tampa.

3.19. SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes, prohibits an agency or local governmental entity from contracting for goods or services of one hundred thousand dollars or more with a company or other entity that is on the Scrutinized Companies or Other Entities that Boycott

Israel List or is engaged in a boycott of Israel, and of $1 million or more with companies or other entities that are on either the

Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or are engaged in business operations in Cuba or Syria. Specifically, Section 287.135(2), Florida Statutes, states: “A company or other entity is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of: (a) One hundred thousand dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or (b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity: 1. Is on the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to s. 215.473;

or 2. Is engaged in business operations in Cuba or Syria.”

Upon submitting its bid or proposal, a bidder/proposer: (i) certifies the company or other entity is not in violation of Section 287.135, Florida Statutes, and shall not be in violation at the time the company enters into or renews any resulting contract; and (ii) agrees any such resulting contract shall be deemed to contain a provision that allows the City, at its option, to terminate such contract for cause if the company is found to have submitted a false certification, been placed on one or any of the foregoing Lists, been engaged in a boycott of Israel, or been engaged in business operations in Cuba or Syria.

3.20. 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.

3.21. INDEMNIFICATION

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

1. The monetary value of this contract,

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

3. $1 Million Dollars.

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

3.22. 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

3.23. EMPLOYEE VERIFICATION

Officer understands and attests that pursuant to Section 448.095(5), Florida Statutes, the Entity must comply with Florida’s E-Verify law to enter into a contract with the City of Tampa.

The undersigned Entity is registered with and uses the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees.

No public employer has terminated a contract with the Entity pursuant to Section 448.095(5), Florida Statutes, within the year immediately preceding the date of contracting or…