RFP_Document_-_Emergency_Management_Consultant_Services_pages_38_-_48.pdf

ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM

For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business.

*Immediate family means spouse, parents and children of the person involved.

**Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation."

***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations.

Indicate either “yes” (a City employee, elected or appointed official is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business.

YES _____ NO _____

NAME(S) / POSITION(S)

FIRM NAME: _____________________________________________________________ ___

BY (PRINTED NAME): ________________________________________________________________

BY (SIGNATURE): ___________________________________________________________________

TITLE: ____________________________________________________________________________

DATE:

ATTACHMENT B - PROPOSAL SUBMITTAL CHECK LIST

The Proposer is cautioned to read and become familiar with all sections of the City of Tampa’s (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer’s response to the City’s RFP.

No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer.

It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 3. Content of Proposal.

MANDATORY REQUIREMENTS PAGE NUMBER IN PROPOSAL

SECTION 6. PROPOSER REQUIREMENTS ____________

SECTION 7. PROPOSER SUBMITTALS ____________

SECTION III. BIDDERS AFFIRMATION FORM

Form is filled out, executed and notarized.

SECTION III. PROPOSAL SIGNATURE FORM

Form is filled out and executed.

SECTION IV. SUB-CONTRACTING FORMS

Form MBD 10 - Solicited Form is filled out and executed.

Form MBD 20 - Utilized Form is filled out and executed.

Proposal is submitted in the format as required under Section 3. Content of Proposal?

ATTACHMENT C - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION

As a Bidder or Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida “public records” are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S. A document is subject to personal inspection and copying unless it falls under one of the public records exemptions created under Florida law. Please designate what parts of your bid or proposal, if any, qualifies to be exempt from inspection and copying:

Note: Execute either section I. or II, but not both; Bidder/Proposer may not modify language.

I. NO EXEMPTION FROM PUBLIC RECORDS LAW

No part of the bid or proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S.

/Proposer’s Signature Date

II. EXEMPTIOM FROM PUBLIC RECORDS LAW AND AGREEMENT TO INDEMNIFY AND DEFEND THE CITY

OF TAMPA

The following parts of the bid or proposal submitted are exempt from disclosure under the Florida public records law because: (list exempt parts, and statutory citation):

By claiming that parts of the bid or proposal is exempt from the public records law, the undersigned Bidder or Proposer agrees to protect, defend, indemnify and hold the City of Tampa, its officers, employees and agents free and harmless from and against any and all claims arising out of a request to inspect or copy the bid or proposal. The undersigned

Bidder or Proposer agrees to investigate, handle respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent.

Proposer’s Signature Date

ATTACHMENT D – COST PROPOSAL FORM

POSITIONS HOURLY RATES

Senior Advisor for Disaster Recovery $ __________

Technical Assistant $ __________

Project Manager $ __________

Other:______________________ $___________

Other: ______________________ $___________

Other:______________________ $___________

Other: ______________________ $___________

OTHER REQUIRED POSITIONS - Proposer may include other positions, with hourly rates and attach a job description and required years of experience for each position

EXHIBIT 1 - 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.

E. 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.

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: Purchasing

Department, 306 E Jackson Street, 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 a 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 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.

EXHIBIT 2

AGREEMENT BETWEEN THE CITY OF TAMPA AND

[INSERT NAME OF COMPANY)

FOR THE PROVISION OF EMERGENCY MANAGEMENT CONSULTANT SERVICES

THIS AGREEMENT made and entered into at Tampa, Florida, this ___day of , 2022, by and between the CITY OF

TAMPA, a municipal corporation organized and existing under the Laws of the State of Florida, hereinafter referred to as "City", whose address is the Municipal Office Building being at 306 E. Jackson Street, 2E, Tampa, Florida 33602 and

_______________ hereinafter referred to as "Consultant", whose address ______________________..

In consideration of the mutual stipulations, agreements, and covenants herein contained, the parties hereto have agreed and hereby agree with each other or their executors, administrators, heirs or successors, and assigns, as follows:

FIRST:

Consultant shall at its own cost and expense furnish the services described below and all material, equipment, tools, and labor of every description necessary for and to carry out in good, firm, substantial and workmanlike manner the following work as specified in the Contract Documents consisting of this Agreement and:

(X) Request for Proposal (RFP) #, inclusive of all parts and attachments and Addendum #1.

(X) Consultant’s Proposal and Affirmation.

(X) Insurance Requirements as set forth in RFP # .

(X) Consultant’s Best & Final Offer

SECOND:

Upon the faithful performance of the contract work by Consultant, City shall pay Consultant for work performed and labor furnished at the prices set forth in Consultant's executed Best and Final Offer dated ____________________.

THIRD:

Consultant shall abide by, comply with, duly perform, and be bound by each and every one of the terms, provisions, conditions, and agreements contained in the Contract Documents.

FOURTH:

Consultant shall not transfer or assign this contract without the prior written approval of City; and, during the progress of the work, Consultant shall comply with applicable Federal, State, County and City laws, rules, regulations, codes, and rules applicable to this contract.

FIFTH:

Consultant shall commence the work and shall faithfully prosecute said work to its full completion within the number of days set forth in the Contract Documents.

SIXTH:

This contract shall be interpreted and construed in accordance with the laws of the State of Florida. Venue for any action brought in state or federal court shall be in Tampa (Hillsborough County) Florida.

SEVENTH:

If any part, terms, or provisions of this contract shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this contract, the validity of the remaining portions or provisions shall not be affected thereby. The City and Consultant will in good faith attempt to replace an invalid or unenforceable clause with one that is valid and enforceable.

EIGHTH:

The City does not explicitly or impliedly waive its rights to the privileges, rights, immunities, or limitations of liability provided in Section 768.28, Florida Statutes, or any other statutory limitations provided for in the Florida Statutes.

NINTH:

Consultant shall perform the services provided by this contract as an independent Consultant, and nothing contained herein shall in any way be construed to constitute Consultant to be a representative, agent, subagent, or employee of the City or any political subdivision of the State of Florida. The relationship of Consultant to the City created by this Contract is that of an independent Consultant. No person performing work or providing services for Consultant under this Contract shall be entitled to any benefits available or granted to employees of the City. Consultant assumes full responsibility for the payment and reporting of all local, state, foreign, and federal taxes and other contributions imposed or required under unemployment, social security, income tax, and similar laws, with respect to the performance of Consultant’s obligations required by this contract by, or on behalf of, Consultant to the City. Notwithstanding anything in this contract to the contrary, Consultant shall not have the right or power to make any contracts, commitments, or admissions of liability for or on behalf of the City. Consultant shall be solely responsible for the means, methods and procedures used by Consultant to perform under this contract.

TENTH:

Notwithstanding any other provision of the Agreement, if funds for the continued fulfillment of the Agreement by the City are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then the City will have the right to terminate the Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. The City will use reasonable efforts to ensure appropriated funds are available.

ELEVENTH:

This Agreement may not be modified, amended or extended verbally or by conduct but only by a writing duly executed by the parties herein.

TWELFTH:

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or Consultant.

THIRTEENTH:

A waiver of any provision of this contract shall be valid and effective only if it is in writing and signed by or on behalf of the party granting the waiver. No delay or course of dealing by a party to this contract in exercising a power, right, or remedy under this contract will operate as a waiver of any power, right, or remedy of that party, except to the extent expressly set forth in a writing signed by or on behalf of that party. In addition, the written waiver by a party of a power, right, or remedy under any provision of this contract will not constitute a waiver of any succeeding exercise of the power, right, or remedy or a waiver of the provision itself. Any waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this contract.

FOURTEENTH:

Whenever either party desires to give notice unto the other, it must be given by written notice, delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with return receipt requested, or (iii) via nationally recognized overnight delivery service, and addressed to the party for whom it is intended at the place last specified by each party. The place for giving of notice shall remain such until it is changed by written notice delivered in compliance with the provisions of this Fourteenth Paragraph. For the present, the parties designate the following as the respective places for giving of notice:

For City:

Purchasing Department

306 E. Jackson St.

Tampa, FL 33602

For Consultant:

IN WITNESS WHEREOF, the parties hereunto set their hands and seals, and such of them as are corporations have caused these presents to be signed by their duly authorized officers.

ATTEST: CITY OF TAMPA

By:

(SEAL) CITY CLERK/DEPUTY CITY CLERK JANE CASTOR, MAYOR

APPROVED AS TO FORM: Company Name: ________________.

By:

MARCELLA T. HAMILTON

ASSISTANT CITY ATTORNEY

BY:

Type or Print

ATTEST:

TITLE:

(SEAL) CORPORATE SECRETARY (Pres., V-Pres., Partner, Owner) Corporation ( )

Partnership ( )

Individual ( )

Incorporated in the State of

If business is individually owned, you must sign before two (2) witnesses:

WITNESS:

WITNESS:

THE PARTIES hereto have executed this Agreement as of the Effective Date first above written.

ATTEST: CITY OF TAMPA

CITY CLERK/DEPUTY CITY CLERK JANE CASTOR, MAYOR

[Name of Law Firm/Lawyer]

Authorized Signatory

Name:_______________________________

(Printed or Typed)

PREPARED BY AND APPROVED

AS TO LEGAL SUFFICIENCY:

Morris Massey (E/S)

Morris Massey, Deputy City Attorney

EBO Guidelines for Evaluation Points on Request for Proposals

Points Pursuant to Designated Industry Category: Professional Services

FORM MBD-71

(Refer to MBD Form 70 and Form 50-GFE Outreach)

Evaluation Criteria Point Values A. Underutilized WMBE Firms participating as the

Prime Contractor (City of Tampa Certified Only)

B. City of Tampa Certified SLBE firms participating as the Prime Contractor, which include City of Tampa Certified WMBE/SLBE sub-(contractor, consultant) participation

5 - 15

C. Non-City of Tampa Certified WMBE/SLBE Prime Contractor with meaningful sub-(contractor, consultant) participation by City Certified Underutilized WMBE and/or SLBE firms

1 - 15

D. * External agency WMBE/SLBE/DBE certifications recognized by City of Tampa for designated RFP, RFQ, RFI solicitations

0 – 7

NOTE: The maximum points available for WMBE and/or SLBE participation will not exceed twenty (20)

Points are determined as follows (Requires Form 50-GFE):

A. A maximum of twenty (20) rating points may be awarded when the Proposer is a City of Tampa Certified

WMBE firm deemed underutilized within the Industry category established by the RFQ.

B. A maximum of fifteen (15) rating points may be awarded when the Proposer is a City of Tampa certified

SLBE with meaningful participation by City certified WMBE/SLBE sub- contractors/consultants.

C. One to Fifteen (1-15) rating points may be awarded when the Proposer is not a City of Tampa certified

WMBE/SLBE prime contractor but utilizes either Underutilized WMBE and/or SLBE certified firm(s) as sub-contractors/consultants and assigned to perform meaningful segments of the contractual services detailed herein and documented on the enclosed MBD Form 10-20.

D. A maximum of seven (7) “discretionary” rating points may be awarded when the Proposer provides

WMBE/SLBE participation from an external agency recognized by the City. Discretionary points may be awarded for ancillary participation (see definition). The point values for ancillary participation may be subordinate to weighted values outlined in categories A, B and C above.

NOTE: *WMBE participation is narrowly tailored (per policy) to target underutilization of affected groups in specific trade/industry categories. Any WMBE/SLBE achievement that was not designated on MBD Form 70 is considered ancillary. Ancillary participation may be counted with overall participation and credited to your rating points when underutilization criteria are met.

The maximum number of points available for WMBE and/or SLBE participation will not exceed a total of twenty (20) points.

EBO Guidelines for Evaluation Points on Request for Proposals

Such inclusion shall be clearly addressed and documented utilizing Forms MBD 10, 20 & 50. Proof of certification shall include copies of current certification certificates. In order to ensure the maximum points, a proposer must clearly identify and quantify its planned participation without ambiguity. Simply marking “To Be Determined”

(TBD) will not satisfy this requirement and may receive significantly lower ratings. Finally, additional favorable consideration will be granted to the firm(s) that beyond all others, provide(s) the highest relevant and most binding participation.

The evaluation includes but is not limited to the following criteria:

• Diversity of WMBE/SLBE subcontractors listed to be utilized (MBD Form 20)

• Percentage of proposal/scope committed to WMBE/SLBE subcontracting

• The collective factors in determining the total points awarded will be based on the overall weight of evidence in the proposal that specified the participation.

In all cases, the Proposer and/or subcontractor(s) must be WMBE and/or SLBE certified prior to the opening date and time of the RFP to be eligible to earn WMBE/SLBE rating points. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa’s Equal Business Opportunity Department. The Successful

Proposer will be required to execute MBD Form 40 (Letter of Intent-LOI) with their subcontractors/sub-consultants prior to award.