Water_Use_Restriction_Enforcement_Services_(Addendum_#6_Revision).pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Water Use Restriction Enforcement Services

24-P-01292

Purchasing

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. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

8. ATTACHMENTS & EXHIBITS

Attachments:

A - Form MBD-30 Payments

B - Form MBD-50 GFECP Guidelines

C - Form MBD-70 Procurement Guidelines

D - Form MBD-40 Letter of Intent

E - Citation Example

F - PATROL PROCEDURES

G - ADMINISTRATIVE PROCEDURES

H - City of Tampa Boundary Map

I - City of Tampa Neighborhood Map

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for Water Use Restriction Enforcement Services, RFP # 24-P-01292 will be received by the Director of Purchasing, City of Tampa, until Thursday, October 24, 2024; 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 2:00 pm,Wednesday, October 2, 2024, 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 goal of this RFP is to provide water use restriction enforcement services for the Water Department’s service area within the City of Tampa’s municipal boundaries. Services shall be required year-round and may be on any day of the week or at any time during a twenty-four (24) hour period, depending on the restrictions in place. The number of patrollers needed for enforcement services may vary anywhere between one (1) to four (4) patrollers per shift throughout the contract year and is subject to change at any given time, although the peak demand for patrolling is

March through June. The estimated yearly expenditure is approximately $200,000.

Timeline:

Release Project Date: September 20, 2024

Pre-Proposal Conference (Non-Mandatory): October 2, 2024, 2:00pm

2555 E Hanna Avenue, Tampa, FL 33610. 2nd Floor, Purchasing Conference Room

Question Submission Deadline: October 10, 2024, 5:00pm

Response Submission Deadline: October 24, 2024, 2:00pm

2.2. BACKGROUND

During the City of Tampa’s traditional dry season, March to June, water demands for landscape use can significantly increase over the average daily use during non-rainy periods. In normal or below-normal rainfall years, this increase in demand traditionally coincides with lower water levels in the Hillsborough River and contributes to increased stresses to the natural systems and the need to purchase water from the regional supplier, Tampa Bay Water, to meet daily demands.

Since 1989, the City of Tampa (“City”) has maintained water use restrictions to guide citizens toward water use patterns and uses that assist in meeting the requirements of City’s water use permit, adopting and maintaining efficient water use practices, and fostering a water conservation ethic. The City is also required to assist the Southwest

Florida Water Management District (“SWFWMD”) in the enforcement of established regional year-round water use restrictions and more stringent local and regional restrictions that may result when water resources are stressed. The

City uses contracted services for water use restriction enforcement. Additionally, on August 1, 2024, Tampa City

Council adopted Ordinance No. 2024-77, which provides for one (1) day per week irrigation all year round.

2.3. ADMINISTRATIVE REQUIREMENTS

1. OFFICE SPACE/SUPPLIES. All administrative services performed under this contract shall be rendered from an office space located in the City. The Proposer awarded the contract (“Successful Proposer” or the “Contractor”) must provide a minimum of one (1) personal computer for each administrative person providing services, at no additional cost to the City. Each computer must be equipped with email capability, internet access and software compatible with Microsoft Office 365.

The Contractor shall provide all office supplies necessary to fulfill these RFP requirements. In addition, the Contractor must provide:

• One (1) dedicated phone line for administrative personnel use with 24-hour voicemail service.

• An additional voicemail box to be used as a shift call-in line.

• A twenty-four (24) hour emergency contact person capable of immediate action when necessary.

• A secure drop-box with twenty-four (24)/seven (7) access on Contractor premises.

B.

2. ADMINISTRATIVE CLERICAL. The Contractor shall provide one full-time clerical position, 8am to 5pm, Monday through Friday, and provide one (1) part-time assistant, as needed, to provide clerical and customer service- related services which include, but are not limited to:

• Managing phone lines

• Responding to E-mail inquiries

• Completing and processing citations

• Corresponding with the Court, the City Attorney’s office and citation recipients

• Filing and data entry

• Managing water patrol schedules

• Preparing and tracking certified mail and other forms of mailing

• Preparing various citation-related reports

• Processing dismissals

• Preparing for all court proceedings

• Delivering mail weekly to Tampa Municipal Office Building

• Tracking unpaid fines

• Educating customers on a one-on-one basis

• Responding to special requests for information

E.

2.4. PATROL/PERSONNEL REQUIREMENTS

1. PATROL PERSONNEL. The Contractor shall be able to provide personnel twenty-four (24) hours a day, seven (7) days a week to patrol for water use violations within City limits. The Contractor shall require each of their patrollers to complete a City-sponsored defensive driving course and their patrollers shall complete the defensive driving course every three (3) years. If any patroller does not provide services under this contract for a consecutive period of six (6) months or more, the patroller must complete the defensive driving course prior to providing services under this contract again. The Contractor shall ensure all patrollers maintain a personal cell phone with texting capability. The Contractor and City shall be able to reach all personnel during working hours.

The Contractor shall also provide patrollers with adequate training to ensure that each patroller possesses a sound working knowledge of the water use restrictions and is able to accurately identify a violation prior to providing patrol services for the City. If water use restrictions change during the contract period, the City will notify the Contractor within twenty-four (24) hours of the change, and within twenty-four (24) hours of the City notifying the Contractor, the Contractor shall provide updated training to patrollers prior to the patroller’s next shift to ensure that patroller’s knowledge remains current regarding City restrictions, violations, and citation procedures.

Various patrol shifts are required under this contract. The Contractor must be able to accommodate changes to patrol schedules or protocols within twenty-four (24) hours after receiving notice from the City. Typical patrol shifts may vary between four (4) and eight

(8) hours per shift and may be required seven (7) days a week with up to one (1) to four (4) personnel required per shift. Total patrol hours typically range between one hundred (100) to one hundred and sixty (160) hours per week, as directed by the City.

Since the basis of the City’s prerogative to issue citations relies on the patroller’s observation of the violation, all patrollers who have issued citations listed on the Hillsborough County Clerk of Circuit Court (“Court”) Docket are required, as necessary, to testify in Court hearings to explain the observed violation. Occasionally, a defendant shall elect to appeal a judgment, which may result in an additional non-routine hearing, a patroller must attend, before the Court during normal business hours on a schedule set by the Court. See

Section I. Scope of Services, Section 3. Project Requirements, Subsection 3.9 Prosecution for more information.

2. PERSONNEL REQUIREMENTS. All personnel shall pass a pre-employment criminal conduct background check and drug test prior to commencement of work on the services specified herein. The Contractor shall assume the cost of providing the criminal conduct background checks and drug testing on all personnel providing services under this contract.

Additionally, the Contractor shall ensure all personnel working under this contract shall be authorized to work in the United States and shall be high school graduates or approved equivalent. All personnel must have and maintain a current Florida driver’s license.

Contractor shall ensure all personnel can communicate in a professional and courteous manner that is appropriate for personal interaction with citizens and ensure all personnel maintain clean hygiene and present a professional appearance at all times. Personnel shall wear polo shirts, provided by the City, and pants, slacks, or shorts, that are no shorter than knee-length.

2.5. PROJECT MANAGEMENT

The Contractor shall provide an on-site Project Manager with a minimum of two (2) years of experience enforcing rules concerning water use restrictions at a local, state, or federal level, and implementing water conservation projects. The Contractor must have the ability to identify problems, offer solutions, and implement needed remedies. The Contractor’s duties shall include the following:

a. STAFFING. Hiring employees for patrol, administrative and clerical, and assistant administrative and clerical positions.

b. MEETINGS. Attending routine meetings with the City as needed to discuss updates and water conservation measures.

c. TRAINING. Providing comprehensive technical and safety training for all new water patrol personnel, as directed by the City. The Contractor shall provide personnel with training to familiarize them with the unique needs of the City regarding the enforcement of its regulations. Training shall emphasize the City’s Code regarding Water Restriction provisions and emphasize customer relation skills. Subsequent training, as needed, shall also be the responsibility of the Contractor. At a minimum, the patroller’s initial training shall cover:

▪ City water restrictions.

▪ Common exemptions to the restrictions.

▪ Proper completion of all forms and paperwork.

▪ Content of City materials and educational pamphlets being distributed.

▪ Areas and schedules to be patrolled.

▪ Informational assistance expected to be provided to the violator.

▪ Safety considerations.

d. EMERGENCY CONTACT. Contractor shall assign an emergency designee as the City’s 24-hour emergency contact person. Contact information shall be provided upon Award.

2.6. CONTRACTOR'S DAILY RESPONSIBILITIES

At all times during the life of this contract, the Contractor shall:

i. Provide adequate numbers of personnel to provide patrol coverage in the three (3) identified areas of the City.

ii. Ensure the vehicles utilized for this purpose are in good operating condition with no safety violations.

iii. Ensure that all vehicles used in the performance of this Contract have and maintain insurance as stated in

Exhibit 1.

iv. Ensure all personnel have, and at all times display, picture identification in the form of a badge, provided by the

City.

v. Ensure all vehicles display identifying City logo, as approved and provided by the City, to identify that the service provided by the Contractor is on behalf of the City. Any City identifiers shall only be used solely for City business and not for personal use. If the Contractor’s fleet will also be used for personal use, the Contractor shall ensure that all City identifiers are not displayed during such personal use. If the Contractor is found using the City identifiers for personal use, the consequences shall be at the City’s discretion.

vi. At the end of the contract, the Contractor is responsible for returning all City identifiers that were provided for the vehicles as well as any City badges.

vii. Equip each vehicle with a supply kit, provided by the City, containing educational materials for distribution, maps, and flashlight. The Contractor shall be responsible for ensuring each vehicle is equipped with standard office supplies such as pens and notebooks.

viii. Patrol areas as directed by the Water Department’s Project Manager to monitor for non-compliance of Water

Restrictions.

ix. If the Contractor observes a water restriction violation, document and report the date, time, and address of the violation to the City.

x. Conduct quarterly quality control ride-alongs with patrollers and provide in-office training.

xi. Communicate with the Water Department’s Project Manager as necessary concerning critical issues and program modifications.

xii. Agree that all data collected for the Water Department belongs to the Water Department and shall not be shared or sold to a third party.

xiii. Refer all media contacts and questions to the Water Department’s Communications Officer and inform the Water

Department’s Project Manager of referral.

xiv. Have GPS monitoring capabilities for all of their fleet vehicles. The Contractor shall submit a monthly report to the City pursuant to Section I. Scope of Services, Section 3. Project Requirements, Subsection 3.7 Reporting.

The City may request additional reporting at the City’s discretion.

2.7. CUSTOMER CORRESPONDENCE

Template correspondence shall be provided by the City to address routine, recurring situations related to water use restriction enforcement. It shall be the responsibility of the Contractor to use a wide latitude in judgment to direct and assist its administrative staff in resolving customer service-related matters, while also consulting with the City to address non-routine or sensitive matters.

2.8. CITATION PROCESSES

1. CITATION COMPLETION, MAILING, AND FILING. The Contractor shall provide oversight to ensure the proper completion of citations. Prior to issuing a citation, the Contractor shall ensure the information provided by the citing patroller is accurate, the mailing address is proper, and the fine and fees are appropriate. The Contractor shall assemble and deliver citations for mailing to the City’s central mail room on a weekly basis and track all citations that are mailed. This assembly includes any and all documentation associated with completing certified, return-receipt mail or mail tracked in other available ways. The Contractor is also responsible for oversight to complete all filings and other citation-related interactions with the Court to facilitate processing and adjudication of all citations issued. These activities may include, but are not limited to, initial filings, rescissions, dismissals, special hearings and decision reversals.

a. ALTERNATE DELIVERY. When certified mail fails to reach a defendant due to refusal or failure to claim, the City alternately delivers the citation via the U.S. Postal Service documented by Certificate of Mailing. The Contractor shall be responsible for preparing the Certificate of Mailing and posting these delivery exceptions in the City’s central mailroom.

2. PROSECUTION. The Contractor is responsible for presenting all City water use violation cases in Court. Occasionally, a defendant shall elect to appeal a judgment, which may result in an additional non-routine hearing before the Court during normal business hours on a schedule set by the Court. The patroller who issued the appellant’s citation shall be required to attend this hearing. Failure to attend any scheduled hearing without advance notice that allows the City an adequate amount of time to request a continuance may result in consequences that shall be at the City’s discretion.

A member of the City Attorney’s Office may be present to assist with the prosecution at all court proceedings. Although the Contractor is not expected to possess legal expertise, they are expected to maintain a strong working relationship with the City Attorney’s Office and the Clerk of Court to ensure that all cases are presented to the Court in an appropriate manner and in accordance with City policy regarding the issuance and prosecution of water use restriction violation notices and fines. If needed, the City Attorney’s office shall sign various documents filed with the Court and at times may advise the Contractor in preparing records and personnel for Court hearings.

2.9. REPORTING

The Contractor shall provide the City with a monthly report no later than the 7th day of the following calendar month, unless directed otherwise by the City. The monthly report shall include the following deliverables:

▪ Total number of violations including the location they occurred at.

▪ Total number of miles patrolled.

▪ Total number of patrol hours.

▪ Total number of hotline calls received.

All reports shall be delivered to the City via e-mail, unless directed otherwise by the City. Additional reports may be requested on an

“as needed” basis, in response to media, staff, City Council or other special requests, and, on occasion, same-day response may be required.

2.10. INVOICING

The Contractor shall invoice the City on a monthly basis. Invoices shall include a copy of each employee timecard for which the City is being invoiced, and copies of paid receipts shall be included in the invoicing in instances where reimbursement is sought for covered parking fees or the emergency purchase of miscellaneous supplies. Such emergency purchases shall be kept to a minimum. Working hours shall begin at the time the Patroller begins patrolling and shall end when the Patroller finishing patrol at the end of the shift.

Travel between properties during the same shift shall be considered hours worked and may be invoiced as such.

2.11. REIMBURSEMENT INFORMATION

Mileage for patrol vehicles shall be reimbursed at the City’s Travel and Per Diem Rates, which are reflective of the Federal General

Services Administration (GSA) rates. Rates can be found at this link: https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement.

2.12. CITY’S ROLE AND RESPONSIBILITIES

The City shall provide citation booklets, photo identification badges, Water Department polos, and supply kits for patrol personnel as needed. Two (2) shirts will be distributed per patroller. All shirts shall be turned in if a patroller terminates employment. The City shall also provide each vehicle with City identifiers. Any materials provided are solely for the use of the patrollers while patrolling.

Inappropriate use of these items may result in termination of the contract. Reimbursement for parking fees incurred by the Contractor’s personnel when attending court on behalf of the City shall be provided. The City is not responsible for any parking fines incurred by the

Contractor’s personnel related to parking or moving violations.

a. TRAINING: With assistance from the City, the Contractor shall provide initial training and follow up training as needed on the water restriction program to Patrollers, one (1) Project Manager and one (1) Administrative Support personnel. The City will also work with the Contractor to provide initial training on the best practices, expectations, and routine situations that the Contractor’s personnel may incur. The City shall be available for as-needed training and to help the Contractor in difficult or unexpected situations at all time during the term of this contract.

b. ISSUANCE OF ORDERS: The City will issue orders for daily services directly to the Contractor or Contractor’s authorized representative. The Contractor shall be solely responsible for the supervision of contract personnel providing services under the contract. City staff will not be involved in the management and/or supervision of contractor personnel.

2.13. PROPOSER SUBMITTALS

The following must be submitted in the proposal:

1. DESCRIPTIONS. Detailed descriptions of more than one (1), two (2) year contracts that fully demonstrates the Contractor’s successful management of a program providing water use restriction enforcement services, preferably within a municipal/ government environment. The description shall describe the following knowledge, skills and abilities used to perform the required services during the contract period:

a. Knowledge of the City and regional water use restrictions, including the applicable Code, Rule, and Statute.

b. Knowledge of court proceedings related to the dispute and prosecution of citations issued for civil infractions.

c. Ability to provide indirect supervision to a staff empowered to work independently to accomplish routine enforcement activities.

d. Ability to manage a twenty-four (24) hour a day, seven (7) days a week flexible schedule with adequate responsiveness to meet fluctuating needs, including the ability to train patrol staff regarding water use restrictions and citation issuance and courtroom procedures.

e. Skill in resolving customer conflicts and disputes resulting from the issuance of a citation.

https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement

f. Ability to properly document water use enforcement activities, including, but not limited to, the ability to archive all generated documents in accordance with state record keeping requirements, and the ability to meet all court requirements related to filing and processing infraction citations before either the court or an appointed arbitrator.

g. Ability to provide testimony related to individual enforcement actions before the court and to ensure that individual water patrol staff are present and prepared when called to testify.

h. Skill in capturing detailed accounts of observances and interactions related to water use violations.

i. Ability to gather, maintain and process information related to water patrol activities, citation issuance and court proceedings.

j. Ability to assist in providing information to a public entity related to media inquiries for water use restriction enforcement activities.

k. Ability to provide comprehensive training to new and current staff.

2. LETTERS OF REFERENCE. Two (2) or more letters of reference attesting to successful performance by Contractor’s firm of similar services performed for or with a public agency within the last two (2) years.

E. 3. PERSONNEL LIST. A list of key personnel (administrative and patrol) and a brief summary of their qualifications.

F.

G. 4. FLEET DESCRIPTION. A detailed description of the fleet that shall be used during the term of the contract. The descriptions shall include:

a. Vehicle availability. Availability of at least 90% is preferred.

b. A list of vehicles to be utilized during the term of this contract to include, but not be limited to each vehicle’s:

Make/Model, Year, Condition, and pictures.

c. A detailed plan for maintaining each vehicle so that it is in good working condition.

5. COST ESTIMATE. An itemized, annual cost estimate. This shall include any expenses that may be incurred and charged back to the

City, including labor and mileage reimbursement. This shall account for Tab 10 – Compensation.

6. 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.

7. Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years.

If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect.

2.14. MANAGEMENT

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.

2.15. IMPLEMENTATION

Time is of the essence regarding these services. The Contractor shall be ready to take over services within 21 business days of final award and acceptance by the City. Failure to do so may result in disqualification and termination of the contract.

2.16. COORDINATION WITH THE CITY

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.

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. 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:

A. Identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure, B. 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, C. 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”.

A. 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.

B. 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.

C. 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:

1. Successful Proposer shall keep and maintain public records required by the City to perform the services;

2. 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;

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, 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.

5. 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.

6. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE

SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT 813/274-8351, AND MAILING ADDRESS OF PURCHASING

DEPARTMENT, HANNA CITY CENTER BUILDING, 2ND FLOOR, 2555 E.

HANNA AVE, TAMPA, FL 33610.

Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under PROPOSER’S

QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTSCONDITIONS.

3.5. CITY OF TAMPA ETHICS CODE

The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics

Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522)

Moreover, each Proposer responding to this Request for Proposal acknowledges and understands that the City's Charter and Ethics

Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the

City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (City of Tampa

Code, Chapter 2, Article VIII. - Section 2-514(d))

Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page.

3.6. WARRANTIES AND GUARANTEE

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

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

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

3.7. COPYRIGHTS AND PATENT RIGHTS

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

3.8. PROCUREMENT PROTEST PROCEDURES

https://procurement.opengov.com/portal/cityoftampa/projects/117370/document?section=1076522 https://procurement.opengov.com/portal/cityoftampa/projects/117370/document?section=1076522 https://procurement.opengov.com/portal/cityoftampa/projects/117370/document?section=1076519 http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances

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.net/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.net/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.net/ebo

3.11. INCURRED EXPENSES

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

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

3.12. 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…