Vehicle_Towing_Services_Bid_-_Updated_11-4-25.docx

Purchasing Department Gregory K. Spearman, CPPO, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 Office (813) 274-8351 Fax: (813) 274-8355

April 1, 2021

INVITATION TO BID

Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 82041321, VEHICLE & EQUIPMENT TOWING SERVICES FOR THE FLEET MAINTENANCE DIVISION will be received by the Director of Purchasing, City of Tampa, until 1:30 PM, APRIL 13, 2021 then to be opened and read. The Bid Opening shall be thereafter and open to the Public VIA GoToMeeting. Below are the instructions to participate in this online meeting:

Please join my meeting from your computer, tablet or smartphone.

https://global.gotomeeting.com/join/570381301 You can also dial in using your phone.

United States: +1 (872) 240-3212 Access Code: 570-381-301 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/570381301

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 http://www.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 public hearing or meeting.

This bid shall include a Bid Discount provision for City certified SLBEs or eligible WMBEs that meet the “Underutilized” designation within the industry category for this solicitation. The Industry Category is NON-PROFESSIONAL SERVICES. The City of Tampa’s WMBE policies are narrowly-tailored to identify Underutilized WMBEs by industry category (per City’s MBD Form-70). Bidder(s)s/Proposers who are certified SLBE or certified in the Underutilized category for the work/ scope detailed herein are eligible for a bid discount. In all cases, the Bidder(s)/Proposer must be WMBE and/or SLBE certified prior to the opening date and time of the bid/proposal. As proof of certification, include copies of City of Tampa WMBE and SLBE certificates in the bid/proposal. Details of the bid discount policy are described on Page 14, Section 4.46 of this document.

Attached are important instructions and specifications regarding responses to this invitation. Failure to follow these instructions may result in your bid being disqualified.

Questions regarding this bid should be referred to MICHELLE Y. ESTEVEZ, PROCUREMENT SPECIALIST. Questions shall be submitted by email to Michelle.estevez@tampagov.net. Questions pertaining to the Bid document will be accepted up to five days prior to the scheduled opening date and time referenced above.

Submission of bid responses by mail or express mail must be in a sealed envelope with the Bidder(s)’s name and return address indicated. Type or print the Bid Number and Bid Title on the carrier envelope. Address the bid envelope as follows:

Purchasing Department (This address is appropriate for mailing and express mail) Tampa Municipal Office Building, 2nd Floor 306 E. Jackson Street Tampa, Florida 33602

The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department.

Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public. All bids received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids.

Submittals may be sent electronically via the Internet as an attachment to an email addressed to BidControl@Tampagov.net . The subject line of the email should include the Bid/RFP number and title. To ensure that an electronic submittal is received by the opening date and time listed above it is recommended that the Bidder(s)/Proposer submit their documents no less than 30 minutes prior to the deadline. VERIFICATION OF THE CITY’S RECEIPT OF A BID SUBMITTED ELECTRONICALLY IS THE BIDDER(S)/PROPOSER’S RESPONSIBILITY. To verify receipt of submittals sent electronically, Bidder(s)s/Proposers may contact the Purchasing Department at 813-274-8351. Any submittal received after the deadline will not be considered.

STATEMENT OF NO BID

WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US

The Purchasing Department’s mission is to provide the best specifications in our Bid and Request for Proposal packages to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City’s Bid or Request for Proposal.

INSTRUCTIONS TO BIDDER(S)

EXECUTED, SEALED BID: For hardcopy submittals, Bidder(s) should submit the original and two copies of the bid response form, the Bidder(s)’s Affidavit form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder(s).

City of Tampa bids are issued electronically via DemandStar's eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete bids. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/supplier for more information.

Bidder(s)s discovering any ambiguity, conflict, discrepancy, omission or other error in this BID, shall immediately notify the City of such error in writing and request modification or clarification of the BID. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Bidder(s)s who received an original BID from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to this BID opening date. The Bidder(s) is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the BID prior to submitting the bid or it shall be deemed waived.

Bid tabulations (results) will be posted to DemandStar and made available to Bidder(s)s after the scheduled public opening of the sealed bids.

The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict.

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

GPC LISTING

City of Plant City Buddy Storey Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax wstorey@plantcitygov.com

Hillsborough Community College Vonda Melchior, Director of Purchasing 39 Columbia Drive Tampa, FL 33606 813-253-7060 – Telephone 813-253-7561 – Fax vmelchoir@hcc.fl.edu

Tampa Sports Authority Joe Haugabrook, Director of Purchasing 4201 N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 – Telephone 813-673-4312 – Fax jhaugabrook@tampasportsauthority.com

City of Temple Terrace Judy Crutcher, Assistant Purchasing Agt.

P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 – Telephone 813-989-7185 – Fax jcrutcher@templeterrace.com

Hillsborough County Board of County Commissioners Scott Stromer, Director 601 E. Kennedy Blvd., 26th Floor Tampa, FL 33601 Phone: (813) 272-5790

FAX: (813) 272-6290

procurementservices@hillsboroughcounty.org

Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222

FAX: (813) 307-6521

www.hillstax.org

Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721

FAX: (813) 272-5521

www.hillsclerk.com

Tampa-Hillsborough County Expressway Authority 1104 East Twiggs St. Suite #300 Tampa, Florida 33602 813-272-6740 – Telephone 813-276-2492 – Fax Man.Le@tampa-xway.com

Hillsborough Co. Sheriff’s Office Christina R. Porter, Chief Financial Officer P.O. Box 3371 Tampa, FL 33601 813-247-8032 – Telephone 813-242-1825 – Fax CRPorter@hcso.tampa.fl.us

State Attorney’s Office Mark Ober, State Attorney 800 E. Kennedy Blvd., 5th Floor Tampa, FL 33602 813-272-5400 – Telephone 813-272-7014 – Fax Ober_M@SAO13th.com

The Children's Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884

FAX: (813) 228-8122

www.childrensboard.org

University of South Florida George Cotter, Director Purchasing Services 4202 E Fowler Ave SVC-1072 Tampa, FL 33620 813-971-3340 – Telephone gcotter@admin.usf.edu

Hillsborough Area Regional Transit Authority Melissa Smiley 4305 E. 21st Street Tampa, FL 33605 813-623-5835 – Telephone 813-664-1119 – Fax smileym@gohart.org Hillsborough Co. Aviation Authority P. O. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730

FAX: (813) 875-6670

www.tampaairport.com

Hillsborough County School Board P. O. Box 3408 Tampa, FL 33601-3408 Phone: (813) 272-4329

FAX: (813) 272-4007

www.sdhc.k12.fl.us

Tampa Port Authority Donna Casey, Procurement Analyst P.O. Box 2192 Tampa, FL 33601 813-905-5164 – Telephone 813-905-5109 – Fax dwebb@tampaport.com

Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274

FAX: (813) 272-7043

www.votehillsborough.org

City of Tampa Housing Auth. Jerome Ryans, President/CEO 1514 Union Street Tampa, FL 33607 813-253-0551 – Telephone 813-4522 – Fax irenew@thafl.com

Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100

FAX: (813) 272-5519

www.hcpafl.org

Tampa Palms Community Dev. Dist.

16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813) 977-3933 Fax: (813) 977-6571 www.tpoa.net

GENERAL CONDITIONS FOR

VEHICLE & EQUIPMENT TOWING SERVICES FOR THE FLEET MAINTENANCE DIVISION MAINTENANCE

1. SCOPE AND CLASSIFICATION

1.1 SCOPE. This specification describes Vehicle Towing Services for use by Logistics and Asset Management/Fleet Maintenance Division of the City of Tampa.

1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below.

2. QUALITY ASSURANCE PROVISIONS

2.1 TEST AND INSPECTION. It shall be the Awardee(s)'s responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of Tampa reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification.

2.2 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing.

3. AWARDEE(S) LIABILITY

3.1 NEXT LOW BIDDER. This is a multi-award bid.

4. CONDITIONS

4.1 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa “Open” Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity’s preference.

4.2 FURNISHING BID ITEMS. Award items are to be furnished on an "as needed, when needed basis" during the life of the award.

4.3 QUANTITIES. The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification.

4.4 BRAND INDICATION. Where same is applicable, all Bidder(s)s shall clearly indicate manufacturer/trade name and identifying number in the space provided within the attached proposal of this specification and invitation for bid.

4.5 ALTERNATE BIDS. Bidder(s)s shall, as to each item, submit only one bid for the specified product or only one bid for an alternate product which the Bidder(s) believes equal within the meaning hereof. The offer of an alternate product for any item shall, for the purpose of evaluation of bids, be construed as a refusal to bid on the product specified.

Bidder(s)s offering an alternate product shall cross out the specified product and type or print the alternate brand which was chosen for bid, the unit price and the extension or total in the same manner as if bidding upon the specified product. Failure to do so shall be construed as a bid upon the product specified.

Bidder(s)s offering an alternate product shall additionally submit the precise specifications of the alternate, all of the differences in specification, if any, between the specified product and the alternate product, and relevant sketches, blueprints or samples sufficiently accurate, complete and detailed as to enable the City to make a complete determination of the quality of the alternate. Failure to submit this information in full will constitute basis for a determination by the City that the alternate product is not equal to the product specified as a standard.

The determination as to whether any alternate product bid is or is not equal to the product specified as a standard shall be made by the City, and such determination shall be final and binding upon all Bidder(s)s.

4.6 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty.

4.7 ADDITION/DELETION. The City of Tampa reserves the right to add to or delete any item or location from this bid or resulting award when deemed to be in the best interest of the City of Tampa.

4.8 SUBSTITUTION. The Awardee(s) shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation. All approved substitutes shall be annotated as such on the Awardee(s)'s shipping document(s).

4.9 BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee(s) to amend said bid prices shall constitute default as outlined in this specification.

Prices quoted in the Proposal and Bid Response form shall include all shipping costs, shipped F.O.B. Tampa, Florida or to the facility location specified by the requestor or the purchase order.

All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee(s) and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee(s) upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee(s) and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation and excise taxes.

Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee(s) is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee(s) shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee(s), the City and any indemnified party. This provision shall survive the termination of this award and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law.

4.10 BID EVALUATION. The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder(s).

4.11 ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shall be considered the bid price.

4.12 BASIS OF AWARD. The City of Tampa is seeking a multi-award bid of three (3) vendors to fulfill this agreement. The City of Tampa reserves the right to award this bid by aggregate total. The actual number of tows during an upcoming year may be more or less and the City shall not be held to any minimum or maximum number of towing calls during the term of the award. Comment by Grace Bedinghaus: Let me know if this needs to be added elsewhere.

Award Criteria/Responsibility. The award will be made to the lowest three (3) responsive, responsible Bidder(s)s. To determine the responsibility of the monetary Bidder(s)s, the City may request and review documentation relative to the ability of the Bidder(s) to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder(s) from a current financial report and the Bidder(s)'s credit rating; whether the Bidder(s) has ever been declared in default of an award; the Bidder(s)'s insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility.

Prior to award resulting from this solicitation, the successful Bidder(s)s shall be registered to transact business in the State of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid.

Any Bidder(s) who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation.

An award will be made, if at all, within 120 days after opening of the bids.

4.13 COMMUNICATION POLICY. During any solicitation period, including any protest and/or appeal, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of Purchasing or the Legal Department, is permitted from any proposer/Bidder(s). 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.

4.14 AWARD PERIOD AND RENEWAL. The award period shall be for a one-year period from date of award, and may, by mutual written agreement, be renewed at the same terms and conditions for four (4) additional one-year periods.

4.14.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City’s intent to renew shall be provided by the City in writing to the Awardee(s) prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

4.15 NON-APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee(s) in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated.

4.16 PRICE ESCALATION/DE-ESCALATION. The City of Tampa will allow a price escalation/de-escalation provision within this award. Details are in Section 11 of the Technical Specifications of this bid document.

4.17 PERFORMANCE. The Awardee(s)s may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services.

4.18 INSPECTION. The City of Tampa reserves the right to inspect the Bidder(s)'s place of business and equipment prior to awarding any award to determine the responsibility of said Bidder(s) to perform or provide the requirements of the bid request.

4.19 WORKING DEMONSTRATION. Determination by the City of Tampa as to the conformity of the requirements on which the low bid is submitted may, if so elected, include a demonstration under actual working conditions, for a maximum of three working days.

4.20 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa.

4.21 ASSIGNMENT. To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this contract. Any attempted assignment of this contract by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this contract by the Contractor will not relieve the Contractor from the performance of its duties, covenants, agreements, obligations, and undertakings under this contract, unless the assignment expressly provides otherwise. No assignment by the Contractor shall be effective unless the assignee confirms in writing to the City that the assignee accepts and shall comply with all of the duties, responsibilities, and obligations of the Contractor. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Contractor's consent or approval) to a governmental successor of the City. An assignment by the City of its rights under this contract to a governmental successor of the City will relieve the City from the performance of its duties, covenants, agreements, and obligations under this contract after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this contract prior to the effective date of the assignment. Action by the City in awarding a bid/proposal to a Bidder(s)/proposer, which has disclosed its intent to assign or subcontract in its response to the ITB/RFP, without exception shall constitute approval for purposes of this award.

4.22 DEFAULT/RE-AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee(s) upon non-performance or violation of award terms, including the failure of the Awardee(s) to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee(s), the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next lowest Bidder(s) and establish the period of such award, provided such period is no longer than the award period set forth in this specification.

4.23 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards or contracts resulting from this specification may be cancelled by the following means:

4.23.1 10-day written notice with cause; or

4.23.2 30-day written notice without cause.

4.24 REJECTION. The City of Tampa reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept those bids which are the three (3) lowest and best.

4.25 GOVERNMENT PURCHASING COUNCIL. Hillsborough County Government Purchasing Council (“GPC”) members, may, at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document.

Any Hillsborough County GPC member which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders and issue its own exemption certificates as required by the Bidder(s). It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder(s) as a result of this Bid.

4.26 USE OF CONTRACT BY OTHER GOVERNMENTAL AGENCIES. Unless otherwise stipulated by the Bidder(s) in its proposal, the Bidder(s) agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

Any other governmental agency, department, or municipality which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders and issue its own exemption certificates as required by the Bidder(s). It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder(s) as a result of this Bid.

4.27 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa.

4.28 CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award/contract to provide any goods or services to a public entity, may not submit a bid on an award/ contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)]

4.29 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 Bidder(s)s should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. If the Bidder(s) is asserting that certain information in its Bid is confidential and/or proprietary and/or exempt from public disclosure, then the Bidder(s) is required to do the following: (1) identify, with specificity, the information which the Bidder(s) asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Bidder(s)'s other Bid documents, (3) clearly label the envelope that8contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Bidder(s)'s name and the Bid number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Bidder(s)'s confidential/proprietary/exempt information must be submitted with the Bidder(s)'s other Bid documents. Bidder(s) is advised that failure to follow the aforementioned instructions may result in Bidder(s)'s alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Bid 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 Bidder(s) may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder(s) 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 Bidder(s)’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 Bid submittals when the entire submittal is labeled as exempt from public disclosure. Bidder(s)’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 Bid submittal as “non-responsive”.

4.29.1 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.

4.29.2 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.

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

1. Awardee(s) shall keep and maintain public records required by the City to perform the services;

2. Upon request from the City, Awardee(s) 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;

3. 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;

4. Upon completion (or earlier termination) of the award, Awardee(s) shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee(s) or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee(s) transfers all public records to the City upon completion (or earlier termination) of the award, Awardee(s) shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee(s) keeps and maintains public records upon completion (or earlier termination) of the award, Awardee(s) 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.

5. The failure of Awardee(s) 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 Awardee(s) until records are received as provided herein.

6. IF THE AWARDEE(S)HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE AWARDEE(S)’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813/274-8351, COTPurchasingPRR@tampagov.net, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FL 33602.

4.30 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 Bidder(s) or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, 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.

4.31 LAWS, CODES AND ORDINANCES. The Successful Bidder(s)/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid/proposal.

4.32 AUDIT RIGHTS. Awardee(s) 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 Awardee(s) related to Awardee(s)’s performance under the contract. Awardee(s) 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. Awardee(s) must keep all financial records in a manner consistent with generally accepted accounting principles. Awardee(s) 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 Awardee(s)’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 Awardee(s). Awardee(s) shall include this right to audit section in any subcontractor agreements entered into in connection with this contract.

4.33 CITY OF TAMPA ETHICS CODE. The Bidder(s) 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 Bidder(s) responding to this Invitation to Bid or 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 Awardee(s) shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or 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.

4.34 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 Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria.

A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount.

A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more.

Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met.

If the City determines the Bidder(s) submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Awardee(s) has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Awardee(s) notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes

4.35 MINIMUM WAGE AMENDMENT. The Awardee(s) shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005.

The rate of wages for all persons employed by the Awardee(s) on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996.

4.36 DATA COLLECTION. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Bidder(s)s are used for identification, verification, and tax reporting purposes.

4.37 INVOICING. The Awardee(s) shall furnish the City complete itemized invoices for the services performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information:

At the time of submission of its invoices, the Awardee(s) shall submit to the CITY a report on From MBD-30, “DMI- Payments” of all sub-contract contract amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Awardee(s) uses any WMBE and/or SLBE sub-contractors, the Awardee(s) shall provide form MBD-40 “Letter of Intent” (LOI) for all WMBE and/or SLBE sub-contractors the Awardee(s) intends to utilize.

Form MBD-30 DMI Sub-(Contractors/Consultant/Suppliers) Payments Form MBD-40 Letter of Intent (LOI)

4.38 SUB-CONTRACTING SUBMITTALS. No Awardee(s) shall assign the award/contract or any rights or obligations thereunder without the written consent of the City. The Awardee(s) shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee(s) agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms:

These forms must be completed (including signatures) and submitted with all bids or proposals. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this bid package.

Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative.

Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer.

4.39 PAYMENT. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Local Prompt Payment Act. Bidder(s)s that accept Visa/Mastercard payments can be enrolled in the City’s ePayments program for faster payment turnaround, by contacting the City’s Accounts Payable Department at acctspayable@tampagov.net.

4.40 EMPLOYEE VERIFICATION. In accordance with Section 448.095, Florida Statutes, the Awardee(s)/Contractor agrees to register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the award/contract for the services specified in the award/contract. The Awardee(s)/Contractor must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award/contract term. If the Awardee(s)/Contractor enters into a contract with a subcontractor, the subcontractor must provide the Awardee(s)/Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Awardee(s)/Contractor shall maintain a copy of such affidavit for the duration of the award/contract. If the City has a good faith belief that the Awardee(s)/Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Awardee(s)/Contractor, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the award/contract was terminated. The Awardee(s)/Contractor is liable for any additional costs incurred by the City as a result of the termination of the award/contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Awardee(s)/Contractor has otherwise complied with the law, the City shall promptly notify the Awardee(s)/Contractor and order the Awardee(s)/Contractor to immediately terminate the award/contract with the subcontractor.

4.41 CONTRACT LITIGATION/LEGAL PROCEEDINGS. The Bidder(s) shall identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer’s ability to perform the services set forth in this Bid. Bidder(s) shall provide in detail information on the nature and magnitude of any litigation or proceeding whereby, currently or during the past five (5) years, a court or any administrative agency has ruled against the company in any matter related to the professional activities of the company. This shall include any class actions wherein your company was named, industry investigations by Attorneys General, in addition to individual cases.

Bidder(s) shall identify any pending lawsuits, past litigation relevant to subject…