City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Repairs of Diesel & CNG Engine Vehicles 26-P-00166

LAM - Fleet Inger Welch, Certified Procurement Analyst 2555 E. Hanna Avenue Tampa, FL 33610

Phone: (813) 274-3283 For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityoftampa Table Of Contents

Attachments:

A - DMI-30-Form-Payment-Package-or-Final-with Invoices_SLBE_ADA B - DMI-40-Form-LOI-Letter-of-Intent_SLBE_ADA C - DMI-71-Form-for-RFQ-RFP-Evaluation-Points-V5-SLBE_ADA D - ADA Requirements E - Fleet Service Locations for Diesel and CNG Engine Repairs F - 26-P-00166 Repairs for Diesel & CNG Engine Vehicles Questionnaire G - 26-P-00166 City of Tampa Sample Agreement

Sealed proposals for Repairs of Diesel & CNG Engine Vehicles, RFP # 26-P-00166 will be received by the Director of Purchasing, City of Tampa, until Saturday, May 9, 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 Inger Welch (inger.welch@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 10:00 am,Tuesday, April 14, 2026, at 3583 Hanna Avenue, Tampa, FL 33610 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. You can also view online via Microsoft Teams. Below are the instructions to participate online.

****************Put Teams info here*******************************

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 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.

The City of Tampa (“City”) operates a diverse fleet of light, medium, and heavy trucks, construction equipment, and industrial equipment to support essential municipal services, public safety, emergency response, and daily City operations. While the City’s Fleet Maintenance Division (FMD) is responsible for routine maintenance and repair, there are periods of increased workload, emergency situations, or extenuating circumstances that require supplemental repair services beyond the FMD’s capacity. The City is seeking qualified and experienced Proposer (s) to provide reliable, timely, and cost-effective repair and maintenance services for vehicles and equipment for diesel and CNG enginesengines. Including a wide range of makes and models from 1984 to the current model year. Services include, but are not limited to, diagnostics, preventive maintenance, repairs, and parts replacement, and inspections all performed in accordance with manufacturer and industry standards. The Successful Proposer(s) will work under the direction of the City’s FMD to ensure fleet readiness, minimize vehicle downtime, support critical City operations, provide labor, parts, and associated shop supplies. Also the Successful Proposer (s) shall complying with all applicable Federal, State, and Local laws/regulations and delivering services in a professional and efficient manner.

Timeline:

3583 Hanna Avenue, Tampa, FL 33610

2.2. BACKGROUND

The City of Tampa maintains an extensive fleet of vehicles and equipment that are essential to the delivery of municipal services. The fleet includes light, medium, and heavy trucks (Class 2 through 8, 6,001–80,000 lb. GVW), Construction Equipment, and Industrial Equipment of various American and foreign manufacturers. These vehicles and equipment support a wide variety of City operations, including public safety, emergency management, sanitation, transportation, and general municipal services.

The City’s Fleet Maintenance Division (FMD) is responsible for routine maintenance, preventive care, and repairs of the City's fleet. However, during periods of peak workload, unexpected failures, or emergency events, the FMD’s capacity may be exceeded. To maintain fleet readiness and ensure uninterrupted municipal operations, the City requires supplemental repair and maintenance services from qualified Proposers.

The City prioritizes the use of Original Equipment Manufacturer (OEM) components or approved equivalent parts, adherence to industry and manufacturer repair standards, and timely, cost-effective service delivery. Proposers(s) must be capable of supporting the City’s operational requirements while ensuring compliance with all applicable safety and occupational regulations.

2.3. SCOPE OF WORK

2.3.1. Goal and Objective

The goal of this RFP is to secure multiple qualified and experienced Proposer (s) to provide both onsite and offsite comprehensive Diesel and CNG engine repair, maintenance and inspection services for the City of Tampa’s fleet of light, medium, and heavy trucks, construction equipment, and industrial equipment (Class 2 through 8, 6,001 – 80,000 lb. GVW), The selected Proposer(s) shall support the Fleet Maintenance Division (FMD) during periods of increased workload or extenuating circumstances, ensuring the City’s vehicles and equipment remain operational and available for all departmental needs, including public safety and emergency response functions.

The objectives of this RFP is to ensure that all repairs are performed in accordance with manufacturer and industry standards, using OEM or approved equivalent parts; to provide accurate, transparent, and timely estimates and billing for labor, parts, and materials; to utilize qualified, certified technicians and properly equipped facilities capable of safely performing all required work; and to comply with all applicable Federal, State, and local environmental, safety, and occupational regulations. The Proposer (s) must also maintain clear and professional communication with the City’s Fleet Maintenance Division, documenting all work performed, parts used, and any unforeseen or hidden damages, while completing repairs in a timely manner. Emergency and after-hours repair service(s) is a part of this award. .

2.3.2. Manner of Workmanship

The Successful Proposer (s) shall perform all services in accordance with manufacturer and/or industry standards. Failure to meet these standards, as determined by the FMD Representative, may result in termination of the award, including all work in progress, without liability to the City.

2.3.3. Work Basis

Work shall be performed on a labor and parts/materials basis at prices submitted in the Successful Proposer's proposal. Actual invoice costs shall not exceed the original estimate without prior written approval from the FMD Representative. Labor charges must be itemized and detailed in both the estimate and the final invoice. Any additional costs identified after diagnostics or inspections must be submitted in an updated quote and receive prior written approval before further work is performed. The City will not be responsible for unauthorized costs.

2.3.4. Rates

The Successful Proposer (s) agree to charge services at the hourly rates submitted in their proposal. Rates shall include incidental costs associated with repairs, excluding shop supplies. Payment will only be made for labor, parts, and associated shop supplies.

For this RFP, offsite is defined as repair work done on Awardee's Facility and Onsite is defined as repair work done on City of Tampa properties.

2.3.5. Shop Supply Charges

Shop supply charges shall be based on the Successful Proposer’s actual cost plus a percentage mark-up. The Successful Proposer (s) shall provide the percentage mark-up in their proposal. For evaluation purposes, the City will apply the submitted percentage to unit costs listed in the price proposal section for an extended costs.

2.3.6. Parts and Materials Pricing

Pricing Parts and materials pricing shall be based on actual cost plus a percentage mark-up, as provided in the Successful Proposer's proposal. OEM parts are preferred; approved aftermarket parts may be used with City approval. If a required part is unavailable, the City may provide the part directly to the Successful Proposer (s) at no additional cost. For evaluation purposes, the City will apply the submitted percentage to unit costs listed in the price proposal section for an extended costs.

· Major parts/components are defined but are not limited to: engines, transmissions, compressors, cylinders, and larger non- standard parts required to complete a repair.

· Standard parts are defined as routine items that are common in all repairs, and includes but are not limited to: belts, hoses, relays, solenoids, etc.

2.3.7. OEM Replacement Components

Repairs shall utilize Original Equipment Manufacturer (OEM) components or approved equivalents. Used parts shall be returned to the City upon request.

2.3.8. Estimates

The Successful Proposer (s) shall provide a written, detailed estimate of required repairs within five (5) business days of receiving the equipment, including labor rates, labor hours, parts cost, and parts mark-up. Repairs shall not commence until the FMD representative has given written approval. Estimates shall include all labor necessary to access engines and manufacturer recommended repair times.

2.3.9. Estimating Guides

Labor rates shall be based on the latest edition of the Motor Publications Truck and Van Labor Time Guide, Professional Service Trade Manual for Medium/Heavy Trucks, or manufacturer manuals for Construction/Industrial Equipment.

2.3.10. Hidden Damages If hidden damages are discovered during repair, the Successful Proposer (s) shall provide a written estimate for additional repairs. Work on hidden damages shall not proceed without prior approval from the FMD Representative. Approved hidden damage repairs shall follow the Successful Proposer's submitted labor rates and parts mark-up.

2.3.11. Pickup and Return

The City will specify the FMD location for vehicle/equipment pickup and return (Attachment E- Fleet Maintenance Division Locations). All vehicles provided to the Successful Proposer (s) for service shall be operable. The Successful Proposer's offsite repair facility shall be based within Hillsborough County. Those only able to complete onsite repairs should provide proof of ability to operate within Hillsborough County (i.e. showing presence of service trucks and employees conducting work within Hillsborough County). FMD's current open Fleet locations are 1508 N. Clark Ave., 2519 Chestnut St., and 2585 E. Hanna Ave., Tampa, FL, with new locations anticipated to open in the near future. The City will tow inoperable vehicles as needed.

2.3.12. After-Hours or Emergency Work

The Successful Proposer (s) shall provide emergency repair services outside normal business hours for essential Public Safety and emergency response vehicles. Normal business hours are 7:00 a.m.–6:00 p.m., Monday–Friday, excluding City holidays. . After-hours or emergency work shall be billed at rates submitted in the Successful Proposer's proposal, with parts and shop supplies billed per submitted mark-up.

2.3.13. Outside Repairs

This award does not obligate the City to use the Successful Propose (s) for all repairs. The City reserves the right to engage other vendors to maintain fleet operability.

2.3.14. Personal Property in Vehicles

The City will document personal items left in vehicles. The Successful Proposer (s) shall exercise due care for personal property in vehicles/equipment and shall be liable for damage or loss only as permitted by law.

2.3.15. Award Amount

Compensation under this award shall be based on actual use. The City is not obligated to any minimum or maximum expenditure.

2.3.16. Vendor Compliance to EPA Regulations

The Successful Proposer (s) shall comply with all applicable Federal, State, and Local environmental regulations, including EPA, DEP, and OSHA requirements. Certification may be required prior to award.

2.4. PROPOSER QUALIFICATIONS/REQUIREMENTS

2.4.1. Minimum Shop and Personnel Requirements

Proposer(s) shall provide documentation demonstrating compliance to the following requirements for their Offsite Repair Facility:

· Secured lot.

· Service bays large enough for extended-body and high-profile vehicles (e.g., Fire Tiller Apparatus, Ladder Trucks, Front End Load Refuse Trucks). ·

· Outdoor service bay for CNG and/or large vehicles. ·

· Technicians with current ASE or manufacturer certifications for Class 2–8 vehicles preferred.

· Minimum 365-day labor warranty. ·

· Active Florida CDL for personnel responsible for vehicle transport.

· Licensed to do vehicle repairs within the State of Florida.

· Provide proper Florida license or documentation for repairs to CNG vehicle's fuel system (refer to the Florida Department of Agriculture and Consumer Services for further information) Proposer(s) shall provide documentation demonstrating compliance to the following items for Onsite Repairs at City of Tampa Facilities:

· Technicians with current ASE or manufacturer certifications for Class 2–8 vehicles preferred.

· Service truck with appropriate supplies and parts to complete repairs.

· Minimum 365-day labor warranty.

· Liability insurance per City of Tampa requirements per section 4 of this RFP.

· Licensed to do vehicle repairs within the State of Florida.

· Provide proper Florida license or documentation for repairs to CNG vehicles fuel system (refer to Florida Department of Agriculture and Consumer Services for further information)

2.4.2 Model Types

Proposer (s) shall be factory-authorized to repair the following model types, with at least one certified technician per vehicle type and provide certification/documentation in their proposal(s). Proposer(s) shall identify the model type(s) they are authorized to repair and include supporting documentation in their proposal(s).

· Caterpillar

· Case Power

· Cummins Diesel

· Cummins CNG

· Detroit-Diesel

· Deutz

· John Deere

· Caterpillar

· Ford

· General Motors

· Navistar/International

· Isuzu

· Lombardini

· Lister/Petter

· Mitsubishi Heavy Industries

· Kenworth/Paccar

· Perkins

· Sterling

· Volvo

· Kubota

· Yanmar

· Yale

· Western Star

2.5. PROPOSER SUBMITTALS

The following must be submitted in the proposal:

1. At least three (3) references references from municipalities within the Tampa Bay Region, such as City of Tampa, Hillsborough County, Pinellas County, Pasco County, Polk County, or Manatee County, for which you have provided services similar to those described in this RFP within the past two (2) years. These references should be comparable in size to the City of Tampa.

2. Resumes, certifications and licenses for all employees including supervisors/management who will working on/with the City's fleet and are connected by this award.

3. The Proposer (s) shall complete and submit Attachment F (Questionnaire) with their proposal(s).

4..Provide documentation showing at least two (2) years of providing this RFP's scope of services within Hillsborough County. Include any required State of Florida and/or County licenses, certifications, permits, awards, and special acknowledgements.

5. Proposal (s) shall include all requirements and/or documentation requested in the Scope of Services section. Including demonstrating their approach or capabilities to perform the scope of services.

6. Proposer(s) shall identify the model type(s) they are authorized to repair and include supporting documentation

7. 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 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 the inaction on the part of the Proposer; or ligated 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.

8. 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.

2.6. MANAGEMENT

If, during the course of the project, the Successful Proposer (s) 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.

2.7. COORDINATION WITH THE CITY

The Successful Proposer (s) shall identify the Project Manager to work in close coordination with the City. The City’s Project Manager (FMD) 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 at no additional cost to the City.

2.8. Project Timeline or Milestones

Repair Time The Successful Proposer (s) shall acknowledge repair requests within twenty-four (24) hours and complete repairs within ten (10) working days, unless notified of an approved delay by the FMD or City of Tampa Representative.

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 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:

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://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. 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.tampagov.gov/ebo

3.10. INCURRED EXPENSES

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

3.11. PROPOSAL BINDINGS

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

3.12. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT

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

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

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

The Successful Proposer (s) understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this Contract. Furthermore, the Successful Proposer (s) herein assures the City that said Successful Proposer (s) 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 (s) further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. The Successful Proposer (s) further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5.

3.13. PRICE ESCALATION/DE-ESCALATION

The City of Tampa will allow a price escalation/de-escalation provision within this award for labor hourly rate only.

The original bid prices shall be firm for a 1-year minimum period. A price escalation/de-escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals, thereafter, provided the Awardee notifies the City of Tampa, in writing, of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics.

Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee in default, cancel the award, and remove the Awardee from the City of Tampa Bidders List for a period of time deemed suitable by the City. In the event of this occurrence, the City of Tampa further reserves the right to utilize any and/or all options as stated herein.

Notwithstanding the aforementioned, for increases in pricing that exceed the limits as set forth above, through no fault of the Awardee, will be handled by the City on a case-by-case basis. Vendor shall provide documentation as requested by the City to justify the increases in price. The City, in its sole discretion, will determine whether or not to accept the requested increases in prices.

3.14. EQUAL OPPORTUNITY

The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs), will be afforded a full opportunity to participate in any Contract made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.

3.15. GOVERNING LAW/VENUE

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

3.16. COMPLIANCE WITH LAWS

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

3.17. FORCE MAJEURE

If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this contract (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations herein. “Force Majeure Event” means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by 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. 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.

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.

3.22. SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes, prohibits an…