Utility_Printing,_Sorting,_and_Mailing_Services_(Addendum_#13_Revision).pdf

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

City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Utility Printing, Sorting, and Mailing Services

25-P-00120

Water

Eryn Berg, Certified Procurement Analyst

2555 E Hanna Avenue

Tampa, FL 33610

Phone: (813) 274-8832

Table Of Contents

1. NOTICE

2. SCOPE OF SERVICES

3. GENERAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. CONTENT OF PROPOSALS

6. EVALUATION

7. PRICING PROPOSAL

8. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

9. ATTACHMENTS & EXHIBITS

Attachments:

A - Form MBD-30 Payments

C - Form MBD-70 Procurement Guidelines

D - Form MBD-40 Letter of Intent

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

F - ADA Requirements

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for Utility Printing, Sorting, and Mailing Services, RFP # 25-P-00120 will be received by the Director of Purchasing, City of Tampa, until Friday, May 16, 2025; then to be opened.

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

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

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

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

RFP document/specifications will be accepted up to ten days prior to the scheduled opening date and time and shall be submitted within the OpenGov Portal. Per the City of Tampa’s Communication Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than Eryn Berg (eryn.berg@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 11:00 am,Monday, April 7, 2025, at 2555 E Hanna Avenue, Tampa, FL

33610 2nd Floor Purchasing Conference Room to discuss the above referenced subject.

BRING A COPY OF THIS RFP TO THE MEETING.

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

1.3. INSTRUCTIONS

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

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

The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the OpenGov eProcurement Portal. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. OpenGov is an independent entity and is not 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.

mailto:TampaADA@tampagov.net https://tampagov.net/ADARequest mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa mailto:procurement-support@opengov.com

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

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

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

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

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

2. SCOPE OF SERVICES

2.1. INTRODUCTION/SUMMARY

The City of Tampa is seeking proposals from qualified firms to provide an all-in-one solution for all printing, sorting and mailing services. This shall include all labor, equipment and materials necessary for the printing, sorting, stuffing, postage and mailing of monthly utility bills, utility letters, and any other documents as required by the City. The City intends on using a phased approach for these services to include a utility bill redesign and implementing an e-bill option as separate phases of the project. The Successful

Proposer shall have the capability to take over all printing and mailing services for the City without delay. Successful Proposers shall demonstrate a traditional bill print and an e-bill option.

Timeline:

Release Project Date: March 24, 2025

Pre-Proposal Conference (Non-Mandatory): April 7, 2025, 11:00am

2555 E Hanna Avenue, Tampa, FL 33610 2nd Floor

Purchasing Conference Room

Question Submission Deadline: April 21, 2025, 5:00pm

Response Submission Deadline: May 16, 2025, 2:00pm

2.2. BACKGROUND

The City currently sends utility bill files and collection letters (Final, Reminder, Collection) via FTP to the awardee each day. The files are in XML format. There are multiple bill files (exact same format). Awardee will process all files for final postal requirements. The

City currently uses Cayenta, a division of Harris Computer Corp, as its utility management system.

2.3. OBJECTIVES

This RFP shall consist of two (2) phases. The first phase shall consist of the Successful Proposer fulfilling all of the printing, mailing and postage requirements as outlined in this RFP. The second phase shall consist of the Successful Proposer working directly with City Staff to redesign the utility bills and other official documents as needed by the City. Additionally, the Successful Proposer is expected to provide an e-bill option for the City as part of Phase 2.

2.4. QUALIFICATIONS

The Successful Proposer shall meet the following minimum criteria:

1. Have been in business for at least five (5) years performing similar services to other municipalities successfully. A proven track record will be taken into consideration for scoring purposes.

2. Experience in interfacing with different utility billing software. Cayenta is preferred.

2.5. GENERAL REQUIREMENTS

• City to transmit data to Successful Proposer in an agreed upon format. Should the City make changes to data file format after initial setup is complete, the City agrees to pay for the professional services required to accommodate the new file format.

• City will monitor transfer confirmation emails to ensure Successful Proposer is in receipt of the data. City acknowledges that the Successful Proposer will not be responsible or liable for any transferred data which does not result in a confirmation receipt to City.

• A File Transfer Report will be emailed to City representatives. A copy of this report is also available to download from the

Successful Proposer website.

• City will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. City can see both the original input file name and the Successful Proposer's assigned “Job Code”.

• Successful Proposer shall process the mailing addresses and perform the following functions:

o Apply address validation o Stay current with all USPS regulations required to mail presorted first-class mail

• Successful Proposer shall utilize the lowest available United States Postal Service (USPS) postage rate for the mailing.

• Successful Proposer shall provide proofs of the final print-ready PDF files to City to be reviewed and approved before printing begins (if requested).

2.6. DAILY REQUIREMENTS

The City's current process is:

The utility bills will be printed from data provided by the City. Each day the City will initiate an automatic electronic file transfer containing the bill information for the utility bills to be printed that day. Each day approximately 9,000 utility bills and 2,000 collection letters shall be printed. Receipt of the electronic bill file from the City, printing and stuffing of the bills, and delivery of the bills to the

Post Office, and postage shall be the responsibility of the Awardee. There shall be approximately 21 electronic bill file transfers per month. In some months, due to holidays, it will be necessary to include 2 days' billing on one electronic file transfer and therefore the daily volume could occasionally be approximately 18,000 bills. After the bills are printed from the City's bill file, they are to be inserted into a #10 window envelope along with a #9 Pre-addressed return envelope, both envelopes to be furnished by the Successful

Proposer. Note: The daily bill files are actually made up of two categories: regular bills that will need the return envelopes inserted, and Automated Clearing House (ACH) bills or automatic electronic bank transfer, and those customers DO NOT receive a return payment envelope. Therefore, intelligent insertion equipment will be necessary. All costs associated with these services shall be itemized in the Cost Proposal.

The City provides customers the option of receiving an email alert that their bill is ready. These bills are not mailed and are in the billing xml files with an e-bill indicator to ensure bill print suppression. Successful Proposer shall demonstrate that they can provide e-bill service.

2.7. SEMI-ANNUAL, ZIP REPORT, & QUARTERLY INSERTS

Semi-annually the Awardee must be able to furnish the City updated zip + 4 information on the City's utility customer data base, both service address and mailing address, if different, using the Awardee's Coding Accuracy Support System (CASS)/Multiline Accuracy

Support System (MASS) certified USPS zip + 4 directory The data will be loaded into the City's utility data base by the Technology and

Innovation (T&I) Department. It should be provided for a utility location and/or mailing address file developed by the City's T&I

Department with the Awardee. The Awardee will need to read the City's formatted address data, match to standard addresses, and provide the full zip code and address corrections for each address/location. Error processing procedures will be developed by the T&I

Services Dept. with the Awardee.

At least 1x per month, the City will need to include a City-provided insert in addition to the bill and the return envelope. This requires an additional insert for at least 4 full weeks or 21 daily bill cycles each month until the entire customer base has received the inserts.

Successful Proposers shall demonstrate the ability to provide continuous roll printing and/or onsert options.

At the City’s option, approximately once a year, the City needs the capability of having its printing Successful Proposer be able to program its equipment so that it can recognize only certain specially coded utility bills (those containing only Solid Waste residential charges, for example), and then being able to include a City-provided insert to those customers only. The City will furnish a special coding on the electronically transmitted bill file when this capability is needed. When needed, the typical monthly number of accounts with a Solid Waste residential charge will be approximately 90,000.

2.8. PRINT QUALITY

It is the expectation of the City that all bills, notices, and documents of any kind shall be printed with the highest quality standard as industry standards recommend. Poor readability or easy smudging will not be accepted by the City. Tear off options shall be offered for different documents. All printing shall be ADA compliant.

The printed data from the City’s bill file must be of the quality of a laser printer or industry standard. The printer quality must be in an

OCR-A font format. Poor readability may result in the termination of the award. Our bill requires an easy tear off perforation to be made at approximately 1/3rd of the way below the top of the bill to provide us with a payment remittance advice.

There are four basic bill formats and the City will provide samples. Data on the electronic bill file provided to the Successful Proposer will indicate which format should be used for each bill. Some of our bills run to multiple pages. Data on the bill file will indicate the last page of each bill and it will be the Successful Proposer's responsibility to provide a method of ensuring that multiple page bills are processed so that multiple page bills are mailed in the same envelope.

2.9. FULL SERVICE INTELLIGENT MAIL BARCODE

Although the City provides zip + 4 information on each bill in the bill file, the City does not provide the full Intelligent Mail barcode

(IMB). The City desires to continue its practice of obtaining the lowest possible first class bulk mailing rate and therefore it will be necessary that the Awardee be able to read each billing address, be able to produce the correct Intelligent Mail barcode, and print this barcode just above the customer’s name on each utility bill so that it is visible through the window envelope.

2.10. PICKUP AND DELIVERY

The receipt of the City’s electronic bill files and the delivery of the printed bills to the Post Office shall normally be accomplished in less than 9 hours. The City will electronically transfer the bill files to the Successful Proposer, by 5:00am the next day. The awardee shall provide an email notification containing a bill production summary report which will show the total of bills transmitted per file. City will be responsible to reach out to the awardee via FTP files and should receive a PDF copy of the daily bill file with corresponding images.

2.11. MONETARY DEDUCTIONS

The City understands that from time to time equipment problems occasionally may cause a 1-day delay in this timetable, and bills may not reach the Post Office until the following workday after transfer. However, delays beyond the second workday will incur a monetary deduction in that the City will pay only 75% of the invoiced price. Delays beyond the 3rd workday and may result in the termination of the contract award.

2.12. VENDOR RESPONSIBILITIES

1. The receipt of the City’s electronic file(s) and the delivery of the printed notices to the Post Office shall normally be accomplished in less than 24 hours or next business day if a holiday or weekend.

2. The Successful Proposer shall do everything possible to ensure the City is obtaining the lowest possible postage rates.

Postage receipts shall accompany all invoices.

3. The Successful Proposer shall follow industry standards pertaining to every aspect of this contract. Including but not limited to: Postage rates, envelopes, paper weight and size, etc.

2.13. COORDINATION WITH THE CITY

1. The Successful Proposer shall identify the Project Manager to work in close coordination with the City. The City’s Project

Manager shall be the City’s point of contact. The City shall approve any changes to the Project Manager or personnel assigned to the project.

2. 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.

3. The City will have ad hoc requests to print bills for PDF review for testing new printing scenarios or before large print requests occur.

4. If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City’s management team for interview and consultation during plan(s) development and for review of the draft and final plans.

5. The Successful Proposer should not order more than six months’ supply of pre-printed, perforated bill stock, to enable the City to change the pre-printed information on the back of the bill, if the City so desires. If the City decides to change the pre-printed information on the back, the City will furnish the Successful Proposer with a camera-ready copy of the new information. Successful Proposers shall demonstrate the ability to provide continuous roll printing and/or onsert options.

2.14. PROPOSAL SUBMITTAL REQUIREMENTS

The following must be submitted in the proposal:

Successful Proposers shall include with their Proposal:

1. A clear understanding and commitment of the work to be performed for each Department

2. A detailed description of the equipment to be used

3. E-Bill capabilities

4. Ability and history of bill redesign for other municipalities

5. Describe integration experience with software platforms, Cayenta preferred.

6. Detailed implementation plan including additional phases and projected timeline

7. Describe any features which would give the City the capability to track the printing, mailing, etc.

8. Ability to bundle

9. Capability to do on-serts, continuous roll, etc.

PRICING PROPOSAL. Proposers shall include a detailed, itemized breakdown of annual costs for all printing, sorting, stuffing, postage and mailing of all documents as outlined in these specifications. The Pricing Proposal shall also include e-bill related costs and a bill re-design amount.

REFERENCES. Due to the critical nature of the application (each day's utility bills total about $1,000,000.00); Proposers must demonstrate a proven track record in their ability to handle this type of volume. Service provided to each reference must be of the same basic nature of service requested by the City (i.e., daily turnaround and similar volume of approximately 6,500 utility bills per day). At least three (3) references are required with the proposal, one of which is a major account similar in scope and service to this bid. Reference list shall be complete with contact person(s), telephone numbers, and name of the business/entity.

AWARDEE CONTACTS. In addition to a normal service representative, the Successful Proposer shall designate contact personnel to be used by the City for technical and/or operational problem resolution.

BACK UP LOCATION. The Successful Proposer shall have, at minimum, a second location for continuity of operations. A written procedure describing the utilization of the second location must be furnished with the proposal in case of a failure at the original installation where the bills are to be processed and printed.

DISASTER RECOVERY PLAN. A copy of the Successful Proposer’s disaster/recovery plan shall be submitted with the proposal.

Contract Termination for Default. Has the Proposer’s company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the

Proposer; or litigated and determined that the Proposer was in default.

If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company’s position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience.

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.

3. GENERAL CONDITIONS

3.1. PROPOSAL DUE DATE

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

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

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

3.2. ADDENDUM AND AMENDMENT TO RFP

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

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

It will be the responsibility of the Proposer to review OpenGov prior to submitting a proposal to ascertain if any addenda has been issued, to obtain all such addenda, and to return the executed addenda with the proposal.

3.3. ERRORS AND OMMISSIONS

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

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

3.4. FLORIDA PUBLIC RECORDS LAW

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

Proposer is required to do the following:

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

https://procurement.opengov.com/portal/cityoftampa/projects/146715/document?section=1326505 https://procurement.opengov.com/portal/cityoftampa/projects/146715/document?section=1326505 https://procurement.opengov.com/portal/cityoftampa/projects/146715/document?section=1326497 http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances

The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal.

The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this

RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer’s expense for immediate replacement.

3.7. COPYRIGHTS AND PATENT RIGHTS

Proposer warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Proposal, and Successful Proposer agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of work.

3.8. PROCUREMENT PROTEST PROCEDURES

A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City’s intent to award and may be filed by an actual Proposer, who is allegedly aggrieved in connection with the issuance of a proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the

City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed.

All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission.

3.9. WMBE PARTICIPATION

The City of Tampa EBO office administers the Women/Minority Business Enterprise (WMBE) Program to promote the inclusion of WMBE

Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified

WMBE Companies deemed underutilized. To obtain a list of the City’s Certified WMBE Companies, visit the Equal Business

Opportunity (EBO) Office website at http://www.tampagov.gov/ebo. Under Programs and Services select WMBE and SLBE

Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names.

NOTE: In accordance with the Equal Business Opportunity Ordinance 26.5, The City of Tampa’s WMBE policies are narrowly tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form 70 to identify underutilized WMBEs by Industry

Category and MBD Form 71 for the WMBE Participation scoring criteria for this RFP. For this RFP the underutilized WMBE

Industry Category is “Non-Professional”.

3.10. SLBE PARTICIPATION

In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City’s Certified SLBE Companies, visit the Equal Business

Opportunity (EBO) Office website at http://www.tampagov.gov/ebo. Under programs and Services select WMBE and SLBE

Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names.

NOTE: In accordance with the Equal Business Opportunity Ordinance Chapter 26.5, SLBE vendors are eligible for weighted points in the selection process. Refer to MBD Form 71 for the SLBE participation scoring criteria for this RFP.

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

3.11. INCURRED EXPENSES

http://www.tampagov.net/ebo http://www.tampagov.net/ebo http://www.tampagov.net/ebo

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

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

3.12. PROPOSAL BINDINGS

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

3.13. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT

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

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

During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said

Successful Proposer’s employees or applicants for employment.

The Successful Proposer understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this Contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.

The Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. The Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5.

3.14. PROPOSER'S CRIMINAL HISTORY SCREENING PRACTICES

Per City of Tampa Code of Ordinances, Section 2-284, Proposer is requested to provide information as to whether Proposer has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. For

Procurement of $100,000 or more, If the Proposer voluntarily agrees to comply with the City’s criminal screening practices as provided in Chapter 12, Article IV of the City Code, Proposer will be awarded an additional 5-points as part of the evaluation of its proposal if

Proposer submits notarized documentation with its proposal, and an assurance of compliance with Section 2-284 if awarded the contract (“Ban the Box Requirements”). The City of Tampa’s municipal codes are published online by the Municipal Code Corporation at the website link https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018

3.15. EQUAL OPPORTUNITY

The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and

Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any Contract made by the City of

Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.

3.16. 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.

3.17. 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.

3.18. FORCE MAJEURE

https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018

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.

3.19. SURVIVAL

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

3.20. 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.

3.21. 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.

3.22. SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are

1. on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and

2. with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in

Sudan List, or the Scrutinized Companies with Activities in the Iran…