RFP_1-14-2025_Rev.docx

A. OVERVIEW OF THE PROPERTY

1. Property Description: The City of Tampa (the “City”) owns certain real property located at 2806 N. 15th Street, Tampa, Florida, improved with a building that is approximately 19,050 square feet (the “Property”). A map depicting the Property is provided in Figure 1 below.

The Property is located in the locally designated and nationally listed Ybor City Historic Districts and within the East Tampa Community Redevelopment Area (the “CRA”) which offers a strategic location for community-based services.

Figure 1

2. RFP Purpose: The purpose of this Request for Proposals (“RFP”) is to identify and select a qualified 501(c)(3) non-profit organization active with the State of Florida Division of Corporations to lease the Property for an initial term of five (5) years, with up to three (3) options to renew for five (5) years each. The selected Proposer will utilize the space to provide recreational, educational, and accessory daycare programs, including but not limited to, not for profit activities that are strictly and solely limited to and intended for individual and community growth and development for underserved residents.

The building is located in the locally designated and nationally listed Ybor City Historic Districts. All plans for site work, signage, and exterior renovation, restoration, or alteration of the structure are subject to review by the Barrio Latino Commission (“BLC”) and/or BLC staff for consistency with the Ybor City Design Guidelines and The Secretary of the Interior’s Standards for Rehabilitation. All exterior work must receive a Certificate of Appropriateness from the BLC prior to permitting.

3. Published Notice: The Property is located within the East Tampa Community Redevelopment Area; therefore, the proposed lease is subject to published notice and issuance of this RFP pursuant to 163.380(3)(a), Florida Statutes. A copy of the form of the notice of this RFP that will be published is attached hereto as Attachment “1”.

4. Lease Agreement: A lease will be required between the City and the selected Proposer. This lease is subject to approval by City Council (and possibly the Community Redevelopment Agency), and will address, as applicable, but not limited to: (1) the terms and scope for the Property; (2) mutually agreed upon timelines for obtaining the necessary governmental approvals for the construction or modifications of the Property; (3) rent and/or other forms of consideration and any conditions pertaining to the leasehold interest of the Property; and (4) if required or if volunteered by the selected Proposer, contractual assurances regarding compliance with the City’s Equal Business Opportunity and Apprenticeship Programs in connection with the design and construction of any renovations. Comment by Anne Bliton: Purchasing: Please update or provide most current process/policy.

5. Proposer Prerequisites:

a. Proposers shall have a minimum of ten (10) years of continuous experience immediately prior to the opening date and time of this RFP as a 501(c)(3) non-profit organization active with the State of Florida Division of Corporations who will lease the Property for the operation of its business for activities that are strictly and solely limited to and intended for individual and community growth and development for underserved residents. Proposers must also demonstrate the ability and the financial means to assume all obligations of building rent, maintenance, renovations and tenant improvements.

b. During the time period described in Section 5(a) immediately above, Proposers shall have satisfactorily performed or shall be performing under at least one (1) lease or license for another government agency requiring similar services to those set forth herein. Such a determination of satisfactory performance shall be in the City’s sole discretion. A copy of the agreement shall be provided as part of the submittal package.

B. REQUIRED ELEMENTS OF THIS PROPOSAL AND PROPOSAL SUBMISSION REQUIREMENTS

Required Forms: Proposals must include the following completed forms signed by an individual authorized to represent the Proposer. When Proposer is a corporation, the president, vice president, or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her position. Proposals shall be accompanied by evidence of authority.

a. Acceptance of Basic Lease Terms – Attachment “2”

b. Project Description and Qualifications – Attachment “3”

c. Proposed Lease Business Terms – Attachment “4”

d. Financial Capacity – Attachment “5”

C. REVIEW AND SELECTION PROCESS

1. Evaluation Criteria and Points:

An RFP Evaluation and Selection Committee (“Committee”) formed by the City will review and score all complete proposals, which are timely submitted, based on the following criteria:

2. Evaluation/Selection Process:

Introduction: Following the opening of the received proposals, the proposals will be reviewed for responsiveness, completeness and Proposer responsibility by City staff in accordance with the requirements of this RFP. Incomplete, late and non-responsive proposals will be set aside and will no longer be considered. Responsive, timely and complete proposals will then be evaluated and scored by the Committee. The members of the Committee will have the appropriate experience and/or knowledge to evaluate the submitted proposals.

Proposal Evaluation: The Committee members will first evaluate and score responsive proposals based on the applicable evaluation criteria and points allowed for each itemized evaluation criteria as provided in Section C(1) above. Proposals will be scored based on point totals and not a percentage factor. Once the proposals are scored by the individual Committee members independently of each other, a member of City staff (if not serving on the Committee) will collect and compute the scores. The Committee will meet at a publicly noticed meeting in accordance with Florida law to review the proposal scores and to rank the proposals based on that scoring. Upon completion of the ranking and at the sole discretion of the Committee, the Committee may choose to require oral presentations from some, all or any number of the Proposers if the Committee believes, at its discretion, that additional consideration is necessary. If oral presentations are conducted, the Committee may re-evaluate and/or re-rank the proposals remaining in consideration based upon the written proposal response documents combined with the oral presentation.

The recommendation of the award will be based on the Committee’s highest ranked score as determined by the Committee. The recommendation of the Committee shall be presented to the City’s Mayor (“Mayor”) for approval. Thereafter, City staff will negotiate the terms of the lease agreement, which shall be consistent with the terms of this RFP, with the awarded or selected Proposer. Any such lease agreement shall be subject to approval by City of Tampa’s City Council and execution by the Mayor.

The City reserves the right to accept or reject any and all proposals, either in whole or in part, with or without cause, waive any informality of any proposals, cancel the request for proposals and to select a proposal in the best interest of the City. All terms of the lease will be negotiated with the selected Proposer. If the parties are unable to agree upon terms, the City reserves the right not to proceed.

D. GENERAL CONDITIONS Comment by Anne Bliton: Purchasing to complete.

E. INSURANCE

The Lease Agreement is subject to the attached and incorporated City of Tampa Insurance Requirements included as Attachment “6” of this RFP which should be reviewed for complete insurance details and coverage requirements.

ATTACHMENTS TO RFP

ATTACHMENT 1: FORM OF NOTICE OF RFP TO BE PUBLISHED PER SEC. 163.380(3)(A), FLORIDA

STATUTES

ATTACHMENT 2: ACCEPTANCE OF BASIC LEASE TERMS

ATTACHMENT 3: PROJECT DESCRIPTION AND QUALIFICATIONS

ATTACHMENT 4: PROPOSED LEASE BUSINESS TERMS

ATTACHMENT 5: FINANCIAL CAPACITY

ATTACHMENT 6: CITY OF TAMPA INSURANCE REQUIREMENTS

ATTACHMENT 7: CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT 8: PUBLIC RECORD DECLARATION OR CLAIM FOR EXEMPTION

ATTACHMENT “1” Comment by Anne Bliton: Purchasing to provide.

FORM OF NOTICE OF RFP TO BE PUBLISHED PER SEC. 163.380(3)(A), FLORIDA STATUTES

ATTACHMENT “2”

ACCEPTANCE OF BASIC LEASE TERMS

· The Property consists of the building only. The adjacent basketball courts to the west of the Property and the Cuscaden Pool/Park area to the north of the property are specifically excluded from this RFP and subsequent Lease Agreement (the “Lease”).

· The Proposer acknowledges that part of the Property is subject to an easement in favor of Tampa Electric Company, recorded as Instrument No. 2016320357 in the Public Records of Hillsborough County, Florida. The Proposer agrees that the Lease shall be subordinate to said easement and the Proposer shall not diminish, interfere, nor restrict in any way the rights bestowed therein nor hinder access to the easement area.

· The Lease shall be Triple Net with the tenant responsible for all operating expenses, capital costs, repairs and maintenance expenses of all existing improvements and improvements made to the Property, taxes, special assessments, janitorial, landscaping, security, utilities, insurance and indemnification in amounts specified by the City of Tampa (see Attachment 6). Note: Roof repairs are imminent and will fall under the responsibility of the Proposer.

· The Property shall be provided As-Is.

· No designated or reserved parking is available on the Property. Employees and patrons of the Proposer may only use street parking as and where available to the general public on a first-come-first-served basis.

· The initial term of the lease will be five (5) years, with up to three (3) options to renew for five (5) years each, subject to certain provisions.

· The Proposer shall submit proposed rent in the format provided in the Proposed Lease Business Terms Form (see Attachment “4”).

· The Lease may be terminated by either party, without cause, by the terminating party giving the other party written notice of the termination at least two hundred seventy (270) days before the intended termination date.

· The Proposer will comply with all laws, governmental regulations, and ordinances of the City of Tampa, including without limitation the City’s Ethics Code, with regard to the use of the Property.

· The Proposer will comply with all laws, governmental regulations, ordinances, including but not limited to the Jessica Lunsford Act, as they pertain to background screening requirements shall be the sole responsibility of the Proposer.

· Improvements desired by the Proposer shall be at Proposer’s sole expense and only with the prior written consent of the City whose consent can be withheld at the City’s sole discretion.

· The building is located in the locally designated and nationally listed Ybor City Historic Districts. All plans for site work, signage, and exterior renovation, restoration, or alteration of the structure are subject to review by the Barrio Latino Commission (BLC) and/or BLC staff for consistency with the Ybor City Design Guidelines and The Secretary of the Interior’s Standards for Rehabilitation. All exterior work must receive a Certificate of Appropriateness from the BLC prior to permitting.

· The lease may not be assigned without the prior written consent of the City of Tampa, whose consent may be withheld at the City’s sole discretion.

· Proposer shall not mortgage, lien or encumber the property.

· Property insurance shall be maintained by the City to cover all risk to the Lease Premises, including but not limited to fire, lightning, flooding, extended coverage sprinkler damage, theft, vandalism, malicious mischief, or any other catastrophe in an amount adequate to cover 100% of the total replacement cost of the Lease Premises. Cost of the insurance will be invoiced annually for a 12-month period and shall be paid by Proposer.

· During the term of the Lease the City will exercise some oversight over Proposer’s activities, including applicable provisions of the City’s Ethics Ordinance as may be modified from time to time.

· Subleases are prohibited without the express written consent of the City which can be withheld at the City’s sole discretion.

· Proposer Comments regarding these proposed terms or any other significant related terms:

The Proposer hereby acknowledges and accepts the basic lease terms specified above.

ATTACHMENT “3”

PROJECT DESCRIPTION AND QUALIFICATIONS

1. Proposer(s) Information:

Legal Name as file with the State of Florida: ____________________________________________

List the names, addresses, telephone numbers, and email addresses of all parties (officers, principals, and members) germane to the redevelopment and lease of the local landmark.

List the names, addresses, telephone numbers, and email addresses of all parties authorized to represent the Proposer, such as developers, company officers, attorneys, real estate agents, mortgage loan officer, lending company, title company, etc.

Please state whether the Proposer or any member of the Proposer’s team (including any officer or principal of the Proposer or (as applicable) third-party architect, engineer or general contractor engaged by Proposer) are listed on the Federal Government’s list of “Excluded Parties” or on Florida State’s “Scrutinized Vendor List”, “Convicted Vendor List”, “Suspended Vendor List”, or the “Discriminatory Vendor List”.

Please state whether any of Proposer’s officers or employees have ever been convicted of a felony or are currently charged with any offense? Provide any relevant details.

Please state whether the Proposer or any of its affiliates have ever filed for bankruptcy, or have any outstanding liens? If so, please provide any relevant details.

2. Proposer’s Prior Experience:

Please provide a summary of any relevant experience of the Proposer in connection with the lease at facilities similar to the Property. Such summaries of relevant experience shall meet the minimum Proposer prerequisites set forth Section 5 of the RFP.

Description of operations and services provided for the past three (3) years, including a description of Proposer’s benefit to the community and services provided to the community.

Please identify previous experience in property redevelopment and/or rehabilitation of historic buildings.

During the time period described in Section A(5)(a) of the RFP, proposers shall have satisfactorily performed or shall be performing under at least one (1) lease or license for another government agency and/or private company requiring similar services to those set forth herein. Such a determination of satisfactory performance shall be in the City’s sole discretion. A copy of the lease or license shall be attached to the response.

[ ] Copy of agreement attached.

Provide statistics for how Proposer helped in the community and how many clientele served for the past five (5) years.

3. Project Scope and Development Intent:

Attach any drawings or plans you have to explain the proposed use.

Describe in as much detail as possible the proposed use(s) of the Property including any improvements that will be constructed, repaired, or rehabilitated and operated on the Property (also described as the “Lease”) by the Proposer consistent with the purpose of this RFP. In particular, please describe how the proposed Lease is consistent with the purpose of this RFP. Explain fully how this proposed use compliments the historic building and the East Tampa community.

4. Future Land Use, Zoning and Community Redevelopment Plan:

Confirm that the proposed use(s) of the Property will comply with or be consistent with:

The applicable goals, objectives, and policies of the 2040 Comprehensive Plan.

The City of Tampa, Land Development Code, as contained in Chapter 27 of the City Code of Ordinances (“City Code”) and subject to all applicable and required administrative and quasi-judicial requirements and approvals.

The Community Redevelopment Plan for the East Tampa Community Redevelopment Area.

5: Project Timetable: Provide a detailed timetable for Proposer improvements, renovations, and occupancy of the property.

6. Community Use: Describe how Proposer would utilize the building for community uses. Include any restrictions or requirements that would be imposed.

7. Proposer’s Diversity and Workforce Commitments: Comment by Anne Bliton: Purchasing: Please update or provide most current process/policy.

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

Compliance with the City’s EBO and Apprenticeship Programs: Chapter 26.5 of the City Code, among other things, establishes the City’s “Small and Local Business Enterprise” and “Apprenticeship” programs (collectively the “EBO & Apprenticeship Programs”). Will the Proposer and the Proposer’s team voluntarily comply with and be subject to all or some of the City’s EBO & Apprenticeship Programs contained in Chapter 26.5 of the City Code (linked here: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQBUOPPR) in connection with the Lease, including any design and construction of the Lease Premises (and vacant lots (if applicable))? If so, please provide details.

8. Additional needs:

Identify any additional requests or needs from the City and provide additional information which you feel is pertinent to this lease. Identify any additional benefits, both short and long term, the City will receive from this lease.

Please specify any special or unusual contract or lease terms and conditions requested by the Proposer in connection with the Lease Agreement.

ATTACHMENT “4”

PROPOSED LEASE BUSINESS TERMS

The terms below relate to the Property as identified in Figure 1.

Annual Base Rent (Triple Net)/SF*:

Total Annual Rent:

Lease Commencement Date:

Annual Escalation Rate %:

Tenant Improvements Cost Estimate:

Contribution toward Roof Improvements:

Annual Operating Expense Estimate (per square foot and annual):

Utilities/Janitorial

Insurance

Taxes

Maintenance

Maintenance Reserves

Other Lease Terms

*The lease shall be triple net with Proposer responsible for all operating expenses, capital costs, repairs and maintenance expenses, taxes, utilities and insurance and indemnification amounts specified by the City of Tampa. Annual base rent is above and beyond all aforementioned costs.

ATTACHMENT “5”

FINANCIAL CAPACITY

Financial Profile: Use additional sheets as required to fully respond to questions.

1. Include three sources for future financial references such as banks, corporations, etc.

2. Describe the sources that will fund the building/tenant improvements or any other upfront costs of your proposal. Please provide documentation to evidence the availability of the funding sources described.

3. Please provide evidence of Proposer’s ability to fund the annual rent and operating cost obligations of lease.

4. Has Proposer had a lease/agreement/contract terminated for default/breach/cause in the last five (5) years immediately preceding the opening date of this RFP? Termination for default/breach/cause is hereby defined as notice by the counterparty to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined in a court judgement that the Proposer was in default/breach.

If Proposer has had a lease/agreement/contract terminated for default/breach/cause in the time period set forth in the paragraph immediately above, please submit full details including the counterparty's full legal entity name, address, phone number, email address, and point of contact name. Additionally, please present Proposer’s position on the matter. The City will evaluate the information presented by Proposer and facts and may, at its sole discretion, reject such Proposer’s proposal on the grounds of its past experience. In the event a Proposer fails to disclose in its proposal any termination for default/breach/cause as described in this Paragraph (a), upon the City’s discovery of such termination for default/breach/cause, the City shall have the right to either (a) reject such Proposer’s proposal from further consideration for award or (b) immediately terminate any Lease Agreement and/or other agreements with such Proposer resulting from the award of this RFP (as applicable).

5. 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 Proposer in the last five (5) 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.

6. List of monetary contributions, including grants, received by Proposer from the State of Florida, Hillsborough County, or other government entity over the past five (5) years.

7. Please provide estimated projected annual income for each year of the Term. Proposer’s income shall be itemized and include all applicable sources of revenue generated from the Lease Premises (and vacant lots (if applicable)). Include all applicable supporting documentation to substantiate projected income (e.g., independently audited financial statements by a certified public accountant or financial statements on its company letterhead signed by its Chief Financial Officer).

8. Attach the following documentation for Proposer in the order shown:

a. Federal Tax Returns for the past three (3) years.

b. Audited Financial Statements for the last three (3) fiscal years.

c. Operating and Business Plan.

d. Confirmation Proposer is a non-profit charitable organization with a 501(c)(3) designation, if applicable.

e. List of Board Members and resumes.

f. Articles of Incorporation and Bylaws.

ATTACHMENT “6”

CITY OF TAMPA INSURANCE REQUIREMENTS

Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub-consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm’s obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City’s request and/or in response to a potential claim, litigation, etc.

THE FOLLOWING COVERAGES ARE REQUIRED: (“M” indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an “occurrence” basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement’s value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent).

B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent).

C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker’s Compensation as required by Florida law. Employer’s Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements.

D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC.

ADDITIONAL COVERAGES TO BE ADDED TO REQUIRED INSURANCE COVERAGES FOR PURCHASING AWARDS/CONTRACTS AND REAL ESTATE TRANSACTIONS ON A CASE-BY-CASE BASIS. A CHECKED BOX INDICATES A REQUIRED ADDITIONAL COVERAGE.

☐ E. Builder’s Risk Insurance for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be “All Risk” form with limits of no less than the project’s completed value, have no coinsurance penalties, eliminate the “occupancy clause”, cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee.

☐ F. Installation Floater coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be “All Risk” including installation and transit for no less than 100% of the installed replacement cost value.

☐ G. Architects & Engineers Liability/Professional Liability (E&O)/Contractors Professional Liability (CPrL)/Medical Malpractice Insurance where Agreement involves Florida-regulated professional services (e.g. architect, engineer, design-builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1M per occurrence and $2M aggregate; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City’s acceptance of same.

☐ H. Railroad Protective Liability (RPL) Insurance for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road’s approval prior to commencement of work.

☐ I. Pollution and/or Asbestos Legal Liability Insurance where Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits of at least $1M per occurrence and $2M aggregate, maintained for at least 3 years after Agreement completion.

☐ L. Longshore & Harbor Workers’ Compensation Act/Jones Act for work being conducted near, above, or on “navigable waters” for not less than the above Employer’s Liability Insurance limit.

☐ M. Garagekeeper/Hangerkeeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; cover-age against liability for damage to vehicles air/watercraft, their machinery in Firm’s care, custody, or control both private & commercial. Limits at least equal to greater of $1M, value of max number of vehicles that may be in Firm’s custody, or of most costly object in Firm’s custody.

☐ N. Property Insurance and Interruption of Business (IOB) Insurance where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to 1 year if premises are destroyed, rendered inaccessible or untenantable, including disruption of utilities, water, or telecommunications.

☐ O. Liquor Liability/Host Liquor Liability where Firm directly or indirectly provides alcoholic beverages, limits of at least $1M per occurrence and $1M aggregate.

☐ P. Educators Legal Liability Insurance where day care, after school program, recreational activities, etc. limits per G above.

☐ Q. Fidelity/Dishonesty/Liability Coverage is to be purchased or extended to cover Common Fidelity/Crime insurance claims alleged employee dishonesty, embezzlement, forgery, robbery, safe burglary, computer fraud, wire transfer fraud, counterfeiting and other criminal acts of the Other Party’s employees resulting in loss to the City. The liability limits shall not be less than $1,000,000.

Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services.

ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing.

ADDITIONAL INSURED: City, its elected officials, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used).

CANCELLATION/NON-RENEWAL: Each insurance policy shall provide that at least 30 days’ written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days’ notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm’s receipt from its insurer of any notices of same. If any policy’s aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City’s notice (or Award contact) address as stated in the Agreement with a copy to the following:

Real Estate Department, 306 E Jackson Street, 3N, Tampa, FL 33602 Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096 CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS: To be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors’ acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida.

CLAIMS MADE: If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder.

DEDUCTIBLES/ SELF-INSURED RETENTIONS (SIR): Must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City’s option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy.

PERFORMANCE: All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County.

PRIMARY POLICIES: Firm’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be in excess of the Firm’s insurance and shall not contribute with it.

UNAVAILABILITY: To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance.

WAIVER OF SUBROGATION: With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless.

Revised 5/21/2024 image3.png image4.png image40.png image5.png image1.png image2.png