HomeMy WebLinkAboutItem C29 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: C29
26-23704
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: N/A STAFF CONTACT: Tammy Acevedo
AGENDA ITEM WORDING: Approval to enter into a non-exclusive agreement with PADL, LLC
to operate self-service paddleboard and kayak rental stations at Harry Harris Park, Pine Channel
Nature Park, and Rowells Waterfront Park, utilizing competitive bid payment/revenue sharing terms
from a City of Tampa contract that was awarded pursuant to its competitively bid solicitation.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval of the piggyback agreement in accordance with County
purchasing policies
DOCUMENTATION:
City of Tampa RFP-Self-Service_Padd le—Boa rd_Kayak_Rental_Services_(Add end um_#2_Revision).pdf
03-30-26 PADL Monroe County Agreement Signed.pdf
Exhibit A-City of Tampa Agreement-Self-Service Paddle Board—Kayak Rental Services.pdf
FINANCIAL IMPACT:
Effective Date: 04/15/26
Expiration Date: 04/15/29
Total Dollar Value of Contract: Zero Dollar
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
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City of Tampa
REQUEST FOR PROPOSALS (RFP) FOR
Self-Service Paddle Board/Kayak Rental Services
25-P-00002
Parks&Recreation
Michelle Estevez, Senior Procurement Analyst
2555 E. Hanna Ave.
Tampa, FL 33610
Phone: (813) 274-8836
For more information, please visit our online supplier portal, located at
https://procurement.opengov.com/portal/cityoftampa
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
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1. NOTICE
1.1. REQUEST FOR PROPOSALS
Sealed proposals for Self-Service Paddle Board/Kayak Rental Services, RFP# 25-P-00002 will be received by the Director of
Purchasing, City of Tampa, until Friday, December 20, 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(&tampaaov.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 Michelle Estevez(michelle.estevez@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.oi)enaov.com/portal/cityoftami)a.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. MANDATORY PRE-PROPOSAL CONFERENCE
A MANDATORY PRE-PROPOSAL CONFERENCE will be held at 10:00 am,Tuesday, December 3, 2024,at Mandatory Pre-
Proposal Conference at Columbus Municipal Office Building (CMOB),3402 W. Columbus Drive,Tampa, FL 33607, 2nd
floor Training Room. Mandatory Site Visit will follow at Cypress Point Park,5620 W. Cypress St.,Tampa, FL 33607. 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. MANDATORY SITE VISIT
A II II II II . ';j"IIE I' ':j'T.'shall immediately follow the pre-proposal conference.This shall be the only site visit for Proposers prior
to the RFP opening. PROPOSERS THAT HAVE NOT PERFORMED THE MANDATORY SITE VISIT AT THIS DESIGNATED TIME
SHALL NOT BE CONSIDERED.
1.4. INSTRUCTIONS
City of Tampa solicitations are issued electronically via the 0penGov eProcurement lPortal. 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
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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,pruirrmein :supportC}open oorm 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,pra u.r im nt:: u.ppe1p21g. o�om for more information.
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
The City of Tampa Parks and Recreation Department is soliciting interested, qualified Concessionaire to
provide self-service paddleboard and/or kayak rental service stations for various parks/boat ramps that
provide waterway access throughout Tampa, Florida. It is anticipated that this service will be operated
on a year-round basis. The sale of food and beverages is strictly forbidden and must not be included in
any proposal pertaining to this RFP. Above all, the design and appearance of each proposed station must
be aesthetically pleasing and complimentary to the surrounding park lands.
The following are waterfront locations considered for rental stations:
• Cypress Point Park, 5620 W Cypress St, Tampa, FL 33607
• Picnic Island Park, 7404 Picnic Island Blvd, Tampa, FL 33616
• Lowry Park Boat Ramp (Kayaks only), 1204 W Flora St, Tampa, FL 33604
Successful Proposers must demonstrate the ability to provide safe, consistent and reliable services that will:
• Provide recreational outdoor options to residents and visitors of City of Tampa.
• Maximize the public's use and enjoyment through healthy activities.
• Foster an awareness and appreciation of the natural environment.
• Encourage tourism.
• Provide an accurate and verifiable system to account for all revenue collected.
• Provide an accurate and verifiable system to determine the dates and times of operation.
• Adequately compensate the City of Tampa.
• Provide patrons with safe, high-quality paddleboards and/or kayaks for rental at reasonable
prices.
• Provide adequate safety equipment including approved floatation devices and distress
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whistles for each patron.
• Provide adequate communication equipment to manage the operation.
2.2. BACKGROUND
Services of this kind have been offered previously at Cypress Point Park. The Successful Proposer shall offer automated
rental stations only.The Successful Proposer shall be responsible for verifying any and all information and to familiarize
themselves with the site location and work required, prior to submitting a proposal. Proposers are expected to examine
the property and to identify as to its suitability for this rental operation. The City makes no guarantee or warranty,
either expressed or implied, with respect to the property.
2.3. GOAL
The goal is to provide water-based activities for patrons of City of Tampa Parks and Recreation locations with minimal
city impact.
2.4. OBJECTIVES
A. To provide recreational opportunities to patrons of City of Tampa parks.
B. To provide recreational equipment rental services that minimally impact City of Tampa park operations.
2.5. PROJECT REQUIREMENTS
The Successful Proposer shall provide all necessary furnishings and equipment related to
operating a successful paddleboard and/or kayak rental station. For example: kayaks,
paddleboards and related safety equipment and supplies.
A. The Successful Proposer shall be responsible for reviewing and complying with all applicable
Local, State, and Federal rules, regulations, statutes, ordinances, including but not limited to
laws governing operation of paddleboard and/or kayak rentals and any requirements of
governmental entities applicable to Contractor's use of property location(s).
B. The licensed properties will be provided in an "AS IS"condition. The Successful Proposer may not
install temporary improvements or other property without express written approval from the
City.
C. The Successful Proposer may be authorized to erect an agreed upon amount of stations
capable of meeting visitor demand. The Successful Proposer must abide by any environmental rules governing site
improvements, temporary structures, or related items.
D. Electricity and water will not be available on the rental site(s).
E. All equipment desired by the Successful Proposer will be acquired at the Successful Proposer's
expense.
F. Each location must be connected via mobile devices to facilitate reservations, payments and
tracking mechanisms.
G. The Successful Proposer may use automated locks with equipment.
H. The Successful Proposer must provide a clear reservation, cancellation, and refund policy.
I. The public's right shall not be infringed upon by any activity of the Successful Proposer or any
of its personnel. The activities of the Successful Proposer shall be to render service to the public
in a dignified manner.
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J. The Successful Proposer shall use no undue pressure, coercion, or persuasion in an attempt to
influence the public to use the services or products of the Successful Proposer.
K. The Successful Proposer shall operate in a manner that will ensure the convenience and safety
of the public. If the Successful Proposer or his/her personnel offer training or lessons for
paddleboards and/or kayaks, they must possess the appropriate skills to do so in a safe and
effective manner. The Successful Proposer shall post an emergency number and email where the public can
report any incidents.
L. The Successful Proposer must provide efficient customer service to answer questions and
provide information concerning, among other things: rental process, prices, locations, billing,
incidents, complaints, etc.
M. The Successful Proposer shall offer quality equipment and services at competitive prices consistent
with similar goods and services presently being offered in other local facilities.
N. All pricing for all goods and services must be posted and visible to all customers.
0. The Successful Proposer shall maintain all facilities and equipment in a clean and sanitary
condition.
P. Security and storage of necessary equipment will be the responsibility of the Successful
Proposer.
Q. The Successful Proposer must make every reasonable effort possible to preserve and not
negatively impact the natural resources of the park and waterway area, including trash pickup around the
immediate area of erected stations.
R. No reckless operation of equipment that may damage the natural resources or wildlife will be
permitted.
S. The Successful Proposer will be solely responsible for all operations and maintenance of
equipment.
T. The Successful Proposer must be able to secure or relocate equipment during a declared emergency.
U. The Successful Proposer must be able to respond to damaged or missing equipment within 48 hours.
V. The Successful Proposer must be able to provide proof of insurance upon request and before renewal
periods.
2.6. HOURS OF OPERATION
Minimum operating hours shall be 8:00 a.m. to sunset, seven (7) days a week, including holidays.
The City may authorize a change in hours of operation, if such a change is desirable in providing
the best service to the public. The City is authorized to make changes to hours of operation
during declared emergencies. Hours may be impacted pre, during, and post declared emergencies
until damage assessments are completed.
2.7. SAFETY REGULATIONS
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The Successful Proposer must ensure that rental of all paddleboards and/or kayaks shall be done in
accordance with all applicable regulations and in compliance with all applicable regulations and
recommendations to the basic safety regulations. The Successful Proposer will adhere to the program
as approved by the City for all rentals under this contract.
The Successful Proposer shall post an emergency number and email where the public can report
any incidents.
2.8. EQUIPMENT
The Successful Proposer shall provide a complete list of rental equipment that will be provided to include:
• Type and brand of paddleboards and/or kayaks to be rented.
• Types of personal flotation devices to be used.
• Types of paddles and any other standard rental equipment.
There must be a minimum of four (4) paddleboards and/or kayaks per location. Based on the
demand for rentals and available space, the City shall have the option to confer with the
Successful Proposer and approve an increase in the number of vessels stored on site.
Equipment shall be kept and maintained in a safe and seaworthy condition.
2.9. INDEPENDENT CONRACTOR
The Successful Proposer will operate as an independent contractor and are not considered to be
City personnel and must obtain all required Hillsborough County and/or City of Tampa licenses as applicable.
2.10. SIGNS
The Successful Proposer shall not place any sign or advertisement upon any property of the City
without written approval by City.
2.11. MARKETING/TOURISM
The Successful Proposer shall work closely and consistently with the City of Tampa Parks and Recreation
Department to meet all goals regarding marketing, visitor research and other programs that will be mutually
beneficial for both the City and the Successful Proposer.
The Successful Proposer shall operate a mutually beneficial website and/or social media. The Successful
Proposer is/are not authorized to use any City of Tampa logo without prior written approval.
2.12. REPORTING
The Successful Proposer shall supply monthly reports to the City's designee including, but not limited to, the
following:
• Number of rentals, including repeat rentals
• Rental sales, to include hourly and overtime rentals, with total sales collected
• Location usage
• Zip code of renter, if collected
The Successful Proposer is/are encouraged to provide reporting from website and/or social media
analytics to support Marketing efforts.
2.13. COMPENSATION
In consideration for the right and privilege to conduct operations, the Successful Proposer must
compensate the City with 20% of gross receipts reduced by sales tax on a monthly basis.
This fee shall not be listed as a separate line item on any receipt provided to any customer or
member of the public. The City reserves the right to audit any financial documentation at any
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time.
2.14. INSPECTION OF PROPERTY
Locations considered for rental stations are available for independent inspection during normal
park hours.
2.15. DAMAGE TO PUBLIC OR PRIVATE PROPERTY
If property (public or private) is damaged while Successful Proposer is performing the service specified or is
removed for the convenience of the work, it shall be repaired or replaced at the expense of the Successful
Proposer in a manner acceptable to the City prior to the final acceptance of the work. Successful Proposer
will be responsible for applying and securing any permits that may be required to complete such repairs.
Such property shall include but not be limited to existing facilities and all of its components, site amenities,
concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities,
bulkheads, etc.
Proposer must provide protection necessary to prevent damage to property being repaired or replaced.
If the work site has any pre-existing damage, the Successful Proposer shall notify the City Project Manager
or designee in writing. Failure to do so shall obligate the Proposer to make repairs per the above section.
Any damage to the roads, facilities, services, utilities, irrigation systems, park or street furniture, tree stakes
or straps, vegetation, etc., caused by the action of the Proposer shall be repaired or replaced at the expense
of the Successful Proposer to the satisfaction of the City. Failure to restore said property within five (5)
working days following notification will result in an invoice due to the City.
Should the City have any expenses incurred due to the Successful Proposer not restoring the property/damage
within said time, any appropriate labor, material, and/or equipment use or rental to restore damaged property
to its original condition will be deducted from the final Invoice prior to a payment being made.
PROPERTY SITE DESIGNATIONS
A proposed site survey for stations shall be included in the RFP submission. The Successful
Proposer along with the City will mutually agree on final station locations prior to execution of
agreement. The City reserves the right to require the relocation of rental station(s) should a safety issue arise
or a construction project is scheduled.
2.16. CITY'S ROLE AND RESPONSIBILITES
• Provide Successful Proposer access to waterfront locations at approved parks.
• Grounds keeping, including trash cans and trash removal, at each access site.
• Marketing and public relations support through social media outlets and City website.
2.17. PROPOSER SUBMITTALS
The following must be submitted in the proposal:
Letter of Transmittal
This letter will summarize in a brief and concise manner, the Successful Proposer's understanding of the Scope of
Work and make a positive commitment to the project. The letter must name all of the persons authorized to make
representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An official
authorized to negotiate for the proposer must sign the Letter of Transmittal.
Experience and Past Performance
Describe the Successful Proposer's past performance, experience in providing concessions and its knowledge of
business operations and legal requirements associated with this type of operation. State the number of years that
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the Successful Proposer has been in existence, the current number of employees, and the primary markets served.
Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which
the Successful Proposer has either ongoing or completed within the past three (3) years. Where possible, list and
describe those projects performed for government clients or similar size private entities. The description should
identify for each project:
1) Client Name with contact person, phone number and email
2) Description of work
3) Total dollar value of the contract
4) Dates covering the term of the contract
5) Results of the project
Proposed Approach to the Project
1. Describe the types of rentals planned.
2. Describe the structure of the rental stations.
3. Attach aerial photos and descriptions of the proposed sites for the paddleboard/kayak station locations at
each service location listed in the scope of work. (Note: The Successful Proposer along with the County will
mutually agree on final station locations prior to execution of agreement.)
4. Describe understanding, experience and methods used in enforcing the restrictions
placed to deal with such matters as:
1) Customers following strict safety guidelines;
2) Customers obtaining proper training prior to engaging in rentals;
3) Limitations on the number of customers participating at one time;
4) Requirement of customers maintaining distances and being considerate of other
patrons of the Park.
5. Provide information concerning all necessary licenses and certifications.
6. Provide sample of waiver/release of responsibility. Describe how Proposer will address
this requirement with patrons for utilization of equipment.
7. Describe policies and procedures for ensuring a safe and well-maintained operation,
including Local, State, and Federal requirements and required safety equipment;
S. Describe daily rental procedures and meeting requirement for having patrons sign
waivers;
9. Describe standards for providing excellent customer service and prompt complaint
resolution;
10. Describe employee hiring practices (if applicable);
11. Describe the program for safety and maintenance of equipment and proper storage;
12. Describe approvals and installation of signage;
13. Describe management and maintenance of the rental stations and surrounding area;
14. Provide detailed proposed fees or charges;
15. Describe Proposer's plan to prepare rental stations for operation and planned start date
following County Notice to Proceed;
16. Description of handling paying of expenses and proper handling of sales and providing
reports as required;
17. Describe Proposer's marketing plan for the offerings and provisions of rental services.
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Safety/Emergency Plan
Provide a description of how the safety of the public will be protected during operations with equipment,
procedures, training, etc. Outline hurricane/tropical storm protocols, pandemic protocols, loss of paddleboard/kayak,
lost contact with renter, etc.
Financial Ability
1. Provide a breakdown of the estimated up-front costs for starting the rental stations
including costs for the proposed equipment.
2. Describe in detail Successful Proposer's ability to access and/or provide all the necessary funding
for startup costs and to maintain operations.
3. Provide list of current assets and equipment utilized in existing operations.
Revenue Share Fee
The Successful Proposer shall pay to the City a percentage of total monthly gross revenue net sales tax for each of
the proposed locations.
Please indicate the Revenue Share Fee Percentage for each location proposed, by uploading your own pricing and
percentage document.
percent— Cypress Point Park— 5620 W Cypress St, Tampa, FL 33607
percent— Picnic Island Park— 7404 Picnic Island Blvd, Tampa, FL 33616
percent— Lowry Park Boat Ramp— 1204 W Flora St, Tampa, FL 33604
Contract Termination for Default. Has the Proposer's company had a contract terminated for default
in the last five years? Termination for default is defined as notice to stop performance which was delivered to the
Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not
litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default.
If the company has had a contract terminated for default in this period, submit full details including the other
party's name, address, and the phone number. Present the company's position on the matter. City Representative
will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience.
Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation
relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed
against the Company in the last five years.
If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency
before which the action was instituted, the applicable case or file number, and the status or disposition for such
reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect.
2.18. QUALIFICATIONS
The City shall have the right to review the references, experience of assigned personnel, and qualifications of the
Successful Proposer in order to make the final determination of acceptability of the Successful Proposer to be awarded
the Contract and construct the work.
2.19. 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.
2.20. IMPLEMENTATION
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The Successful Proposer shall meet with the Parks and Recreation management team to discuss scope of
services.
2.21. 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.Eir u.iru.p.p Et;&gp.!Rin. og__v 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
procua ire ment••support@open ov„corn 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,
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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.
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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 li'..R.G PO.:SFR.'S..
UIE:::ST:CONNA:CIi�E FORMS ANIf.}ACIKNOWI...IE::If.)GEMEN l SCONIf.11F11IONS.
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
IhUa!Zwww„tairnpg.g..._DgU g!mein::: or can be found in the City of Tampa's municipal codes published
online by the Municipal Code Corporation at the website link
Ih.t iinances. 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
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
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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 Ihtp /Iwww„taimgov„nettebo. 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 Ih . 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 ,,,,,,,,,,,,,,,,,,t. irmmpagov.netLelbo
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 the veracity of this Statement of Assurance,
and that violation of this condition shall be considered a material breach of this Contract. Furthermore,the Successful Proposer herein
assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) are
involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective
range of applicability.
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The Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and
vendors in connection with this Contract. The Successful Proposer further acknowledges that it must comply with City of Tampa Code
of Ordinances, Chapter 26.5.
3.14. PROPOSER'S CRIMINAL HISTORY SCREENING PRACTICES
Per City of Tampa Code of Ordinances, Section 2-284, Proposer is requested to provide information as to whether Proposer has
criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. For
Procurement of$100,000 or more, If the Proposer voluntarily agrees to comply with the City's criminal screening practices as provided
in Chapter 12,Article IV of the City Code, Proposer will be awarded an additional 5-points as part of the evaluation of its proposal if
Proposer submits notarized documentation with its proposal, and an assurance of compliance with Section 2-284 if awarded the
contract("Ban the Box Requirements"). The City of Tampa's municipal codes are published online by the Municipal Code Corporation at
the website link Iht J iilbrary„municode„com/f1ltaim alordiinancesCcode of ordiinances7inodeld:::::1J.'71018
3.15. EQUAL OPPORTUNITY
The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and
Women/Minority Business Enterprises(WMBEs)will be afforded a full opportunity to participate in any Contract made by the City of
Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin,
religion, sex, sexual orientation, gender identity or expression, age, disability,familial status, or marital status. The City of Tampa
prohibits any person involved in City of Tampa contracting and procurement activities,to discriminate on the basis of race, color,
national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.
3.16. GOVERNING LAW/VENUE
The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to
this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto
submit to the exclusive jurisdiction and venue of the state courts located in Hillsborough County, Florida.
3.17. COMPLIANCE WITH LAWS
The Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida,
Hillsborough County, and the City of Tampa. It shall be the responsibility of the Successful Proposer to be knowledgeable of all federal,
state, county and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein which may apply.
Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract.
3.18. FORCE MAJEURE
If a Force Majeure Event occurs,the party that is prevented by that Force Majeure Event from performing any one or more obligations
under this contract(the"Nonperforming Party' will be excused from performing those obligations, on condition that it complies with
its obligations herein."Force Majeure Event"means,with respect to the Nonperforming Party, any event or circumstance, regardless of
whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from
complying with any of its obligations under this contract, on condition that the Nonperforming Party uses reasonable efforts to comply
with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party,
economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the
Force Majeure Event,the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the
Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last.Thereafter the
Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party
shall use reasonable efforts to limit damages to the other party and to resume its performance under this contract.The other party has
the right to terminate the contract if the Non-Performing Party's Force Majeure Event continues for more than a reasonable time.
3.19. SURVIVAL
Provisions in regard to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract.
3.20. CONFLICT OF INTEREST
The City requires that the Successful Proposer provide professional, objective, and impartial advice and at all times hold the City's
interest's paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration
for future work. The Successful Proposer has an obligation to disclose any situation of actual or potential conflict that impacts their
capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole
15
discretion, determines that a conflict of interest exists, such Successful Proposer shall not be considered for award of this Contract.
Failure to disclose said situations
Any such interests on the part of the Successful Proposer or their employees, must be disclosed in writing to the City in the
Plft.�}li>13SIE Ii'S..QUIf S�I�IONNAIRF FORMS AINIf)ACIKNQWI[IF1DQ- MEN S,Section.Also,the Successful Proposer is aware of the conflict-of-
interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said
laws.
3.21. AUDIT RIGHTS
Successful Proposer agrees that the City or its authorized representative shall have access to, and the right to audit, examine, or
reproduce,the financial books and records of Successful Proposer related to Successful Proposer's performance under the contract.
Successful Proposer shall retain all such records for a minimum period of six (6)years from the date of termination of the contract,
including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended
until the completion of any audit in progress. Successful Proposer must keep all financial records in a manner consistent with generally
accepted accounting principles. Successful Proposer must provide access during normal business hours to the requested records no
later than ten (10) calendar days after the written request by the City or its authorized representative. If any audit reveals any material
deviation from the contract requirements, any misrepresentations or any overcharges to the City, the City will be entitled to recover
damages, as well as the cost of the audit. Any adjustments or payments which must be made as a result of any such audit or
inspection of the Successful Proposer's invoices or records must be made within a reasonable amount of time, but in no event may the
time exceed ninety(90) calendar days,from presentation of the City's audit findings to the Successful Proposer. Successful Proposer
shall include this right to audit section in any subcontractor agreements entered into in connection with this contract.
3.22. SCRUTINIZED COMPANIES
Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are
A. 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
B. 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,or the Scrutinized Companies
with Activities in Iran Terrorism Sectors 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 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 the Scrutinized Companies with Activities in Iran Terrorism Sectors List or is engaged in business
operations in Cuba or Syria may not 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, or the Scrutinized
Companies with Activities in Iran Terrorism Sectors List, the Scrutinized Companies that Boycott Israel List, or are engaged in business
operations in Cuba or Syria to be eligible to 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 Successful Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes upon
submission of a proposal,entering into a contract, on contract renewal,or if the Successful Proposer 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 the Scrutinized Companies with Activities in Iran Terrorism Sectors 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 Successful Proposer 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.
3.23. DATA COLLECTION
A. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful Proposers are used for
identification,verification, and tax reporting purposes.
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3.24. IMDEMNIFICATION
The Contractor/Successful Proposer/Firm (collectively the"Firm") releases and agrees to defend, indemnify and hold harmless the City
of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits,
actions, causes of action,either at law or in equity, damages, charges,judgments, or expenses(including attorney's fees and court
costs, whether at trial or appeal)which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of
any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations
assumed under or incidental to,the Award/Contract/Agreement(collectively the"Agreement") into which the Firm and the City will
enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Firm's duty to defend is
separate and apart from Firm's duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a
suit, claim or action of any nature to the Firm by a party entitled to a defense hereunder. If the above indemnity or defense provisions
or any part of the above indemnity or defense provisions are limited by the provisions of Section 725.06, Florida Statutes or any other
applicable law,then this section shall be so limited to said section 725.06 and with respect to the part so limited,the monetary
limitation on the extent of the indemnification shall be the greater of
A. The monetary value of this contract,
B. The coverage amount of Commercial general liability insurance required under the contract, or
C. $1 Million Dollars.
Otherwise,the obligations under this section. will not be limited by the amount of any insurance required to be obtained or maintained
under this contract. Firm's duties to defend and indemnify pursuant to this section shall survive the early termination or expiration of
the contract 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. Nothing in this section or in the contract shall be construed as a waiver of any immunity from or limitation of liability
the City, its officers, agents, and employees may have under the doctrine of sovereign immunity under common law or statute.
3.25. CONTRACTOR BACKGROUND CHECKS
When assigning employees to work on City property, the Successful Proposer shall check the backgrounds of each employee and notify
the City's Employment Services Manager prior to assignment if candidates fall into one or more of the following categories:
A. Unable to pass 8 Panel Drug Screen
B. Has a felony or misdemeanor conviction involving violence, weapons,or crimes against a public official
C. Is a former City of Tampa employee
3.26. EMPLOYEE VERIFICATION
In accordance with Section 448.095, Florida Statutes,the Successful Proposer 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 contract
for the services specified in the contract. The Successful Proposer 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 contract term. If the Successful Proposer enters into a contract with a subcontractor,the subcontractor must
provide the Successful Proposer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. The Successful Proposer shall maintain a copy of such affidavit for the duration of the contract. If the City has a
good faith belief that the Successful Proposer has knowingly violated Section 448.09(1), Florida Statutes,the City shall terminate the
Contract with the Successful Proposer, and the Contractor may not be awarded a contract with the City for at least 1 year after the
date on which the contract was terminated. The Successful Proposer is liable for any additional costs incurred by the City as a result of
the termination of the contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Successful
Proposer has otherwise complied with the law, the City shall promptly notify the Successful Proposer and order the Successful Proposer
to immediately terminate the contract with the subcontractor.
3.27. RESPONSIBLE VENDOR DETERMINATIONS
The City of Tampa will not request documentation of or consider a Proposer's social, political, or ideological interests when determining
if the Proposer is a responsible vendor and will not give preference to a Proposer based on the Proposer's social, political, or ideological
interests.
3.28. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS
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A. To ensure fair consideration for all Proposers,the City prohibits prospective Proposers' communication with any department or
employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal
process shall be addressed to the City during the pre-proposal conference, or questions can be submitted via the OpenGov
eProcurement Portal up to ten days prior to the RFP opening date and time.
B. Communication Policy. During any solicitation period including any protest and/or appeal, no contact with City officials or
employees, other than with the Analyst, the Director of Purchasing or the Legal Department, is 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.
3.29. EVALUATION OF PROPOSALS
A. The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend
or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as
directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner.
A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this
RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other
evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the
evaluation criteria listed in the Section Titled Ii:::VAIi..UAT101N.
........................................................
B. Application of WMBE and SLBE Evaluation Points. During the evaluation of proposals for WMBE and SLBE participation,
the Equal Business Opportunity(EBO) Office will be responsible for assigning the points under these criteria. Points are
determined per MBD Form 71 (EBO Guidelines for Evaluation Points on Request for Proposals)which is attached to this RFP
document.
C. Proposals will be evaluated and rated based on the criteria stated in this RFP, including but not limited to the following:
1. Responsiveness of the Proposal to the scope of work.
2. Ability, capacity, and skill of the Proposer to perform the scope of work.
3. Experience of the business and individual members of the business in accomplishing similar services.
4. Responses of the client references.
5. Such other information that may be required or secured.
D. SHORT- LISTING
The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the
preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in
interviews and/or presentations, demonstrations, or product testing. Upon conclusion of any interviews and/or presentations,
demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria.
E. INTERVIEWS/DEMONSTRATIONS
If requested, Proposers may be required to participate in on-site interviews and conduct demonstrations to the City's
Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the Proposer's
proposed solution. Additionally,the Proposer's key personnel may be required to be in attendance during this process.
Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its
qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the
Evaluation Committee.
Notwithstanding the possibility of a request for an on-site interview and demonstrations, Proposers shall not rely on the
possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs
incurred for the interviews and the oral demonstrations are the responsibility of the Proposer.
F. The City reserves the following rights to:
1. Conduct pre-award discussion and/or pre-award negotiations with any or all responsive and responsible Proposers who
submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or
18
require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers
as it deems appropriate, including, but not limited to, a background investigation conducted by the Tampa Police
Department or any other law enforcement agency.
2. Request that Proposer(s) modify its proposal to meet the needs of the City more fully, including Best and Final Offer(s)
(BAFO), or to furnish additional information as the City may reasonably require.
3. Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions
may be permitted after submission of proposals and prior to award.
4. Negotiate any modifications to a proposal that it deems acceptable,waive minor irregularities in the procedures, and
reject any and all proposals.
5. Process the selection of the successful Proposer without further discussion.
6. Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do
so. The City shall be the sole judge of Proposers'qualifications and reserves the right to verify all information submitted
by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City.
G. Financial Statements. The City Representative reserves the right to request that Proposers submit their annual financial
statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public
Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to
submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of
financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless
otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract.
3.30. BASIS OF AWARD
A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best
degree.
OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY.
Prior to award resulting from this solicitation, the Successful Proposer 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 proposal.
Any Proposer 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.
3.31. CONTRACT TERM
The period of the contract shall be for three (3)years from the effective date of the award, and may, by mutual written agreement, be
renewed at the same terms and conditions for two (2) additional one (1)year periods.
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 Successful Proposer prior to the
expiration of the contract, or the renewal period if the contract has been previously renewed.
3.32. NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful
Proposal 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.
3.33. CONTRACT TERMINIATION
When deemed to be in the best interest of the City,the City may cancel any award resulting from this specification by the following
means: 10-day written notice with cause; or 30-day written notice without cause.
3.34. ADDITION/DELETION
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The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the
best interest of the City.
3.35. PROPOSAL PRICES
Prices quoted in the proposal shall include any and all shipping costs, shipped F.O.B. Tampa, FL, 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 contract shall be paid by
the Successful Proposer and shall be deemed to be included in the proposal. The laws of the State of Florida provide that sales tax and
use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be
paid by the Successful Proposer and shall be deemed to have been included in the proposal. The City is exempt from all State and
Federal sales, use and transportation taxes.
Proposal prices include all royalties and costs arising from patents,trademarks, and copyrights in any way involved in the
work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of
patent or copyright,the Successful Proposer 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 Successful Proposal,the City,and any indemnified party. This provision shall survive the
termination of this contract 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.
3.36. GOVERNMENT PURCHASING COUNCIL
Hillsborough County Government Purchasing Council ("GPC' members, may,at their discretion or option, utilize this proposal as they
require. Estimated quantities for Hillsborough County GPC members have not been included in the solicitation. Purchases by these
entities may increase the value of the award.
A list of the members of the GPC is contained within this solicitation 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 Proposer. 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 Successful
Proposer as a result of this RFP.
GPC LISTING
City of Plant City Hillsborough Community College Tampa Sports Authority
Purchasing Manager 39 Columbia Drive 4201 N. Dale Mabry Highway
Drawer C Tampa, FL 33606 Tampa, FL 33607
Plant City, FL 33563 813-253-7060—Telephone 813-673-4300—Telephone
813-659-4270-Telephone
813-659-4216- Fax 813-253-7561— Fax 813-673-4312— Fax
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Hillsborough County Board of County Tax Collector
Commissioners
City of Temple Terrace 601 E. Kennedy Blvd., 14th Floor
601 E. Kennedy Blvd., 25th Floor
P.O. Box 16930 Tampa, FL 33602
Temple Terrace, FL 33687 Tampa, FL 33601 Phone: (813) 307-6222
813-506-6420—Telephone Phone: (813) 272-5790 FAX: (813) 307-6521
FAX: (813) 272-6290
813-989-7185— Fax www.hilistax.org
procurementservices@hillsboroughcounty.org
Clerk of Circuit Court The Children's Board of Hills. County
601 E. Kennedy Blvd.-13th Floor Hillsborough Co. Sheriff's Office 1002 E. Palm Avenue
P.O. Box 1110 P.O. Box 3371 Tampa, FL 33605
Tampa, FL 33601 Tampa, FL 33601 Phone: (813) 229-2884
Phone: (813) 276-8100 Ext.7721 813-247-8032—Telephone FAX: (813) 228-8122
FAX: (813) 272-5521 813-242-1825— Fax www.childrensboard.org
www..hillllscllerlk..com
................................................................................
Tampa-Hillsborough County State Attorney's Office University of South Florida
Expressway Authority
800 E. Kennedy Blvd., 5t" Floor Purchasing Services
1104 East Twiggs St. Suite #300
Tampa, FL 33602 4202 E Fowler Ave SVC-1072
Tampa, Florida 33602
813-272-5400—Telephone Tampa, FL 33620
813-272-6740—Telephone
813-272-7014— Fax 813-971-3340—Telephone
813-276-2492— Fax
Hillsborough Area Regional Transit Tampa Port Authority Property Appraiser
Authority
P.O. Box 2192 601 E. Kennedy Blvd., 16th Floor
4305 E. 21st Street
Tampa, FL 33601 Tampa, FL 33602
Tampa, FL 33605
813-905-5164—Telephone Phone: (813) 272-6100
813-623-5835—Telephone
813-905-5109— Fax FAX: (813) 272-5519
813-664-1119— Fax
www.hcpafl.org
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Hillsborough Co.Aviation Authority Supervisor of Elections Tampa Palms Community Dev. Dist.
P. 0. Box 22287 601 E. Kennedy Blvd., 16th Floor 16311 Tampa Palms Blvd W
Tampa International Airport Tampa, FL 33602 Tampa, FL 33647
Tampa, FL 33622-2287 Phone: (813) 276-8274 Phone: (813)977-3933
Phone: (813) 870-8730 FAX: (813) 272-7043 Fax: (813) 977-6571
FAX: (813) 875-6670 www.votehillsborough.org www.tpoa.net
www.tampaairport.com
Hillsborough County School Board City of Tampa Housing Auth.
P. 0. Box 3408 1514 Union Street
Tampa, FL 33601-3408 Tampa, FL 33607
Phone: (813) 272-4329 813-253-0551—Telephone
FAX: (813) 272-4007 813-4522— Fax
www.sdhc.kl2.fl.us
3.37. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
Unless otherwise stipulated by the Successful Proposer in its proposal,the Successful Proposer 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 Proposer. 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 Proposer as a result of this solicitation.
3.38. 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.
3.39. 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. seg.,the Florida's Local Government Prompt Payment Act. Proposers 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.
3.40. MINIMUM WAGE AMENDMENT
The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the
State of Florida.
The rate of wages for all persons employed by the Successful Proposer on the work covered shall not be less than the rate of wages
required by the Fair Labor Standards Act(Public Law 104-188).
3.41. CONTRACT CHANGES
No changes,over the contract period, shall be permitted unless prior written approval is given by the Director of Purchasing and, an
amendment to the Agreement is executed by the City and Contractor and approved by resolution of the City Council of the City of
Tampa.
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3.42. INVOICING
The Successful Proposer shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices
stipulated on the purchase order and as outlined in this proposal itemizing parts, labor hours, materials, etc. 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:
• Invoice number;
• Company Name;
• City work order number(if applicable);
• Purchase order number;
• Location and dates of work;
• Cost of work as stated on Pricing/Proposal pages and extended price to reflect total cost.
At the time of submission of its invoices,the Successful Proposer shall submit to the City a report on Form MBD-30,"DMI-
Payments"of all sub-contracted amounts and payments along with any other completed reports or forms as may be required
by the CITY. In the event the Successful Proposer uses any WMBE and/or SLBE sub-contractors,the Successful Proposer
shall provide form MBD-40"Letter of Intent"(LOI)for all WMBE and/or SLBE sub-contractors the Successful Proposer intends
to utilize.
o Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments
o Form MBD-40 Letter of Intent (LOI)
3.43. 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 Successful Proposer
will not relieve the Successful Proposer from the performance of its duties, covenants, agreements, obligations, and undertakings under
this contract, unless the assignment expressly provides otherwise. No assignment by the Successful Proposer 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 Successful Proposer. Notwithstanding the foregoing, the City may assign its rights under this contract(without the
Successful Proposer'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 proposal to a
proposer, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval
for purposes of this contract.
In the event of such approved Sub-Contracting, the Successful Proposer agrees to provide the City with written documentation relative
to the Subcontractor(s) solicited, or that will be employed in this contract, including but not limited to submittal of attached Schedule of
Sub-Contracting forms,with the proposal response.
• Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10
• Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20
These forms must be completed (including signatures)and submitted with all 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 RFP 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.
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3.44. DEFAULT/RE-AWARD
Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of
default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer
to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of
Purchasing. In the event a contract is cancelled because of the default of the Successful Proposer, the Director of Purchasing may:
A. purchase the materials or services specified in this specification on the open market; or
B. make an award to the next best Proposer and establish the period of such contract, provided such period is no longer than the
contract period set forth in this specification.
3.45. 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 a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work, may not submit proposals 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
($10,000.00 and greater) 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)
3.46. 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. 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.
Successful Proposer understands and agrees that this contract is conditioned upon the veracity of this Statement of Assurance, and
that violation of this condition shall be considered a material breach of this contract. Furthermore, the Successful Proposer herein
assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are
involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective
range of applicability.
Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and
vendors in connection with this contract. Successful Proposer further acknowledges that it must comply with City of Tampa Code of
Ordinances, Chapter 26.5.
Per City of Tampa Code of Ordinances, Section 2-284, Bidder(s) are requested to provide information as to whether Proposer(s) has
criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of
Ordinances. The City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link
1hj s: www„imuiniicode„coim� IliibirairMV:tairm.Pa&!2d 5kode of-ordinances.
4. INSURANCE REQUIREMENTS
4.1. Insurance Requirements
This award is subject to the following and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included below which should be
reviewed for complete insurance details and coverage requirements.
Within ten working days of receipt of notification of intent to award,the successful Bidder shall provide the City of Tampa Purchasing
Department the required insurance on the Acord 25 Certificate of Insurance form (or its equivalent). Failure to furnish by the 10th
working day may disqualify Bidder as non-responsible, unless the due date is extended by the Director of Purchasing or their Designee.
Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this
document,Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful
24
Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm)to which is included in this
document,and continuing during the term of said Agreement(or longer if the Agreement and/or this document so requires), Firm shall
provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement
(including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees,
suppliers, subtenants, or subcontractors(which term includes sub-consultants, as applicable) of any tier subject to the terms and
conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without
any obligation or waiver of its rights) may terminate the Agreement.All provisions intended to survive or to be performed subsequent
to the expiration or termination of the Agreement shall survive, including without limitation Firm's obligation to maintain or renew
coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential claim,
litigation, etc. The following coverages are required: ("M"indicates million(s),for example $1M is$1,000,000)
4.2. Commercial General Liability(CGL) Insurance
on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an"occurrence"basis(Modified Occurrence or
Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability
contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability,
products and completed operations, property damage, bodily, personal, and advertising injury, contractual liability, explosion, collapse,
underground coverages, personal injury liability, death,employees-as-insureds. Products and completed operations liability coverage
maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate
for Agreements valued at$2M or less; if valued over$2M, a general aggregate limit that equals or exceeds the Agreement's value. If a
general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent).
4.3. Automobile Liability(AL) Insurance
in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles.AL
insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for
Agreements valued at$100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for
Agreements valued over$100,000. If transportation of hazardous material involved,the MCS-90 endorsement(or equivalent).
4.4. Worker's Compensation (WC)& Employer's Liability Insurance
for all employees engaged under the Agreement, Worker's Compensation as required by Florida law. Employer's Liability with minimum
limits of(a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease
each employee for Agreements valued at$100,000 and under or(b) $1M bodily injury by accident and each accident, bodily injury by
disease policy limit, and bodily injury by disease each for all other Agreements.
4.5. Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of
insurance coverage for any type of claim/loss for the proposed work or services.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and
who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by
the City in advance and in writing.
ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, and employees shall be
covered as additional insureds on all liability coverage (e.g., CGL, AL, and Excess (Umbrella) Liability) as to liability
arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment
furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on
behalf of Firm. Coverage can be provided in the form of an endorsement to Firm's insurance (at least as broad as
ISO Form CG 20 10 1185 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions
used).
CANCELLATION/NON-RENEWAL— Each insurance policy shall provide that at least 30 days written notice must
be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate
liability limits) and at least 10 days' notice for non-payment of premium. Firm shall also have an independent duty
to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any
policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of
renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as
25
stated in the Agreement with a copy to the following: (1) Purchasing Department, 2555 E Hanna Ave, Tampa, FL
33610 (2) Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096
CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS —to be provided to City by insurance carrier prior
to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the
work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the
above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be
sufficiently comprehensive to ensure City (named as additional insured) and Firm and to certify that coverage
extends to subcontractors'acts or omissions, and as to permit the City to determine the required coverages are in
place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa,
Florida.
CLAIMS MADE— If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage
uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an
extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a
date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder.
DEDUCTIBLES/ SELF-INSURED RETENTIONS (SIR) — must be disclosed to City and, if over $500,000,
approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated
(additionally if an SIR provides a financial guarantee guaranteeing payment of losses and related investigations,
claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without
limiting the foregoing a policy with an SIR shall provide or be endorsed to provide that the SIR may be satisfied by
either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR,
City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to
cover such loss should full recovery not be obtained under the policy.
PERFORMANCE —All insurance policies shall be fully performable in Hillsborough County, Florida (the County),
and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance
company will accept service of process in the County and that the exclusive venue for any action concerning any
matter under those policies shall be in the appropriate state court of the County.
PRIMARY POLICIES - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG
20 0104 13 as to the City, its elected officials, departments, officers, and employees. Any insurance or self-
insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the
Firm's insurance and shall not contribute with it.
UNAVAILABILITY—To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at
the time a claim is presented to City, Firm hereby assigns to the City all of its right, title, and interest (but not any
liabilities or obligations) under any applicable policies of insurance.
WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Firm
hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by
virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be
necessary to affect such waiver, but this provision shall apply to such policies regardless.
S. CONTENT OF PROPOSALS
5.1. PROPOSER RESPONSIBILITY
A. Proposers are advised that the City's ability to evaluate proposals is dependent in part on the Proposer's ability and willingness
to submit proposals which are well ordered, detailed, comprehensive and readable. Clarity of language and adequate,
accessible documentation is essential. Proposers should maintain the sequence of sections as they are depicted in the RFP. It
is the Proposer's responsibility to examine all specifications and conditions thoroughly and comply fully with specifications and
all attached terms and conditions.
26
It is the Proposer's responsibility to provide a full and complete written response that does not require interpretation or
clarification by the City Representative. The Proposer is to provide all requested materials, forms, and information. The
Proposer is responsible to ensure the materials submitted will properly and accurately reflect the Proposer specifications and
offering. During scoring and evaluation (prior to any interviews),the City Representative will rely upon the submitted materials
and shall not accept materials from the Proposer after the RFP deadline; however, this does not limit the right of the City
Representative to consider additional information (such as references that are not provided by the Proposer but are known to
the City, or past experience by the City in assessing responsibility),or to seek clarifications as needed by the City.
B. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's
ability to fulfill the requirements of the proposal. The proposal submitted is the City's official record and recording of the RFP.
Submit electronic copies in Acrobat Adobe PDF format. Pages must be identified with page numbers. File name should not
contain special characters. Proposer must wait for confirmation of successful document upload.
If Proposer is declaring any portion of the proposal is Confidential and/or Proprietary a copy of proposal marked"REDACTED"
should also be provided to the City with the original following the instructions stated under GENE.__.__.I,.,._C:C91VC;��l(:;�ONS.
In order to ensure a uniform review process and to obtain the maximum degree of comparability,it is required that
proposals be organized in the following manner and identified as requested below:
5.2. CONTENT
The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's(City) RFP package. Failure to do so may
result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City.The following
itemized list identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No
representation is made that the following list is a complete guide to every requirement for consideration by the Proposer.
IN OPENGOV,THE FOLLOWING ITEMS SHALL BE UPLOADED INTO THE 14 1R0P` S1l1::1 'S AFC"]1DAV:11 PROPOSAIL..
SIGINKirUIRIE IFOIR1114S AND VIEINIL;DOIR IRESPOINSIE SECTION:
......................................................................................................................................................................................................................
PROPONET'S RESPONSE
• Title Page. Type the name of Proposer's firm, address,telephone number, name of contact person, email address, date, and
the title of the RFP.
• Table of Contents. Include a clear identification of the written material by section and by page number.
• Response to Proposal. Specifically state the Proposer's understanding of the work to be accomplished and make a positive
commitment to perform the work in;SCOPIF..._0Ii::._SIf Ii�V:[CF,S.
• Section "Scope of Services". Include all the requirements and/or documentation requested under;SCOP11:.: 1Ii:::._SERV]ICIi S..
• References. Include a reference list of at least three clients to whom the Proposer has provided services similar to those
being proposed to the City. This list will include the following information:
Name of Client
Date of Services
Address
Contact Person
Telephone Number
Email Address
• General Statement of Experience. Include a written,verifiable statement of experience in providing and managing similar
services. If the Proposer does not possess any experience similar to the services required, Proposer shall provide any
pertinent information or experience Proposer feels may qualify Proposer for consideration of award.
• Operational Plan. Include a narrative description and/or organizational chart outlining the methods of operation,
operational structure, and services to be provided by the Proposer.This description should fully and completely demonstrate
the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other
pertinent information that will assist the City in evaluating the proposed method of operation.
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• Contract Termination for Default. Has the Proposer's company had a contract terminated for default in the last five
years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the
Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the
part of the Proposer; or litigated and determined that the Proposer was in default.
If the company has had a contract terminated for default in this period, submit full details including the other party's name,
address, and the phone number. Present the company's position on the matter. City Representative will evaluate the facts
and may, at its sole discretion, reject the RFP on the grounds of its past experience.
• Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to
subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the
Company in the last five years.
If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the
action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation
or lawsuit has been filed against the company, provide a statement to that effect.
5.3. REQUIRED FORMS
IN OPENGOV,THE FOLLOWING FORMS SHOULD BE COMPLETED AND UPLOADED INTO THE 11PROP IEWS
4UIr S"II,IC.OII�II�A,IC.IIIEp IFOIRIIS AII�II�ACIII�OWII IFI�}GIFIIIFII�"II,S SECTION IN THEIR RESPECTIVE TABS:
• Proposer's Affidavit Form Complete, submit and have notarized the Proposer's Affirmation form provided. This form must
be signed by an authorized representative of the firm.
• Affidavit of Compliance Form Complete, submit and have notarized the Affidavit of Compliance with Foreign Countries of
Concern Pursuant to Section 287.138, Florida Statutes (2023) form provided in the RFP Package. This form must be signed
by an authorized representative of the firm.
• Sub-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder
without the written consent of the City.
The Successful Proposer shall be required to perform with its own forces at least fifty-one(51) percent of the
work,unless prior written consent to subcontract a greater percentage of the work first obtained by the
City. In the event of such approved subcontracting, the Successful Proposer 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:
o Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10
o Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20
These forms must be completed (including signatures)and submitted with all 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 RFP 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.
• Proposer's Criminal History Screening Practices Include documentation as referenced.
• Any additional forms requested within the RFP or included in the 1311101POSF.,;R's UES"II"'ICOIIMINAJCRE IFORIMS AIDE)
ACKNOWII...IEIDGIEMEIN1rS Section.
............................................................................................................
5.4. REQUIRED CERTIFICATIONS
28
IN OPENGOV,THE FOLLOWING CERTIFICATIONS/ACKNOWLEDGEMENTS AND REQUIRED DOCUMENTATION WILL BE REQUIRED IN
THE......................................................li If li ...QUIf :I .f.. IVIVEIIIf F FORMS AINIi)ACIKNOW[ E.JDGIf..MFN�I�,S SECTION:
• Conflict of Interest(s)Certification of no Conflicts of Interest, or listing of any perceived or known Conflict(s) of Interest.
• Florida Public Records Law Certification acknowledgement of the Florida Public Records Law requirements from GENE...........I::,
C�11V.If..)C:1"ION Section and upload of a redacted copy if seeking exemptions.
• Proponent's Certification to Bind Statement
• Any other certification requested in the RFP or included in the PIf�.4�If OSll;;aft°S....QUIf:::ST10ININA:iRIE.a If'OIi�MS,AINIf�
ACIKNOWII..El')GIi:::IMIi:::IN'i'S Section.
................................................................................................
5.5. COMPENSATION
Upload an all-inclusive cost statement in the If�I OPOSIi:.]R S...... UES"f:IOININA:IIi�lf::: FORMS AINIi)ACKNOWII..EI:)GIf:::IMIi:NTS. Provide a detailed
cost statement for providing the services indicated in the CON:-'._Qli:::._Sli:-:VICES,Section. Itemize fees, expenses,and any optional costs
separately.
6. EVALUATION
MethodNo. Evaluation Criteria Scoring Weight(Points)
1. Experience and Past Performance Points Based 20
Describe the Proposer's past performance, (20%of Total)
experience in providing stations and its
knowledge of business operations and legal
requirements associated with this type of
operation. State the number of years that
the Proposer has been in existence, the
current number of employees, and the
primary markets served. Provide a detailed
description of comparable contracts(similar
in scope of services to those requested
herein)which the Proposer has either
ongoing or completed within the past three
(3)years. Where possible, list and describe
those projects performed for government
clients or similar size private entities. The
description should identify for each project:
1) Client Name with contact person, phone
number and email
2) Description of work
3)Total dollar value of the contract
4) Dates covering the term of the contract
5) Results of the project
2. Safety/Emergency Plan Points Based 10
Provide a description of how the safety of (10%of Total)
the public will be protected during
operations with equipment, procedures,
training, etc. Outline hurricane/tropical
storm protocols, pandemic protocols, loss
of paddleboard/kayak, lost contact with
renter, etc.
29
3. Proposed Approach to the Project Points Based 25
1. Describe the types of rentals (259'1,of Total)
planned.
2. Describe the structure of the
rental stations.
3. Attach aerial photos and
descriptions of the proposed
sites for the
paddleboard/kayak station
locations at each service
location listed in the scope of
work.
4. Describe understanding,
experience and methods used
in enforcing the
restrictions placed to deal
with such matters as:
1) Customers following
strict safety guidelines;
2) Customers obtaining
proper training prior to
engaging in rentals;
3) Limitations on the
number of customers
participating at one time;
4) Requirement of
customers maintaining
distances and being
considerate of other patrons
of the Park.
5. Provide information
concerning all necessary
licenses and certifications.
6. Provide sample of
waiver/release of
responsibility. Describe how
Proposer will address this
requirement with patrons for
utilization of equipment.
7. Describe policies and
procedures for ensuring a
safe and well-maintained
operation, including Local,
State, and Federal
requirements and required
safety equipment;
30
8. Describe daily rental
procedures and meeting
requirement for having
patrons sign waivers;
9. Describe standards for
providing excellent customer
service and prompt
complaint resolution;
10. Describe employee hiring
practices(if applicable);
11. Describe the program for
safety and maintenance of
equipment and proper
storage;
12. Describe approvals and
installation of signage;
13. Describe management and
maintenance of the rental
stations and surrounding
area;
14. Provide detailed proposed
fees or charges;
15. Describe Proposer's plan to
prepare rental stations for
operation and planned start
date following County Notice
to Proceed;
16. Description of handling
paying of expenses and
proper handling of sales and
providing reports as required;
17. Describe Proposer's
marketing plan for the
offerings and provisions of
rental services.
4. Proposer's Criminal History Screening Points Based 5
Practices (5%of Total)
31
5. Financial Ability Points Based 15
1. Provide a breakdown of the (159'1,of Total)
estimated up-front costs for
starting the rental stations
including costs for the
proposed equipment.
2. Describe in detail Proposer's
ability to access and/or
provide all the necessary
funding
for startup costs and to
maintain operations.
3. Provide list of current assets
and equipment utilized in
existing operations.
6. WMBE/SLBE Participation Points Based 20
(20%of Total)
7. Revenue Share Fee Points Based 5
The successful Proposer shall pay to the (5%of Total)
County a percentage of total monthly gross
revenue net sales tax.
Please indicate the Revenue Share Fee
Percentage for each location proposed, by
uploading your own pricing and percentage
document.
o percent—Cypress
Point Park—5620 W Cypress
St,Tampa, FL 33607
o percent— Picnic Island
Park—7404 Picnic Island
Blvd,Tampa, FL 33616
o percent— Lowry Park
Boat Ramp— 1204 W Flora
St,Tampa, FL 33604
7. PROPOSER'S QUESTIONNAIRE, FORMS,AND ACKNOWLEDGEMENTS
1. Authorized Representative's Information*
Please include the following information regarding your Authorized Representative:
• Name
• Title
• Mailing Address
• Telephone Number
• Email Address
32
*Response required
2. Type of Organization*
How is your business organized?
❑ Individual
❑ Small Business
❑ Non-Profit
❑ LLC
❑ Partnership
❑ Corporation
❑ Joint Venture
*Response required
3. Business License*
Is your business licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida?
❑ Yes
❑ No
*Response required
When equals"Yes"
3.1. License Number*
Enter your Florida Business License Number here.
*Response required
When equals"Yes"
3.2. Please provide your name as listed with Sunbiz.*
*Response required
4. Public Record Declaration or Claim of Exemption*
As a Bidder,any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by
any person. In Florida"public records"are defined as all documents, papers, letters, maps, books,tapes, photographs, films, sound
recordings,data processing software, or other material, regardless of the physical form, characteristics, or means of transmission,
made,or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section
119.011(11), F.S. A document is subject to personal inspection and copying unless it falls under one of the public records exemptions
created under Florida law.
Do you claim any exemptions from the public records laws?
❑ Yes
❑ No
*Response required
When equals"Yes"
4.1. Exemption form Public Records Law and Agreement to Indemnify and Defend the City of Tampa*
Upload a redacted copy of your submittal.
By claiming that parts of the proposal are exempt from the public records law, and uploading a redacted copy,the Proposer agrees
to protect, defend, indemnify,and hold the City of Tampa, its officers, employees, and agents free and harmless from and against
any and all claims arising out of a request to inspect or copy the proposal. The Proposer agrees to investigate, handle respond to,
provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any
33
appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to
bear all other costs and expenses related thereto, even if they(claims, etc.)are groundless,false,or fraudulent.
*Response required
5. Conflict(s) of Interest*
For purposes of determining any possible conflict of interest, all Proposers, must disclose if any elected or appointed officer of the City
of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed
officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling
financial interest***, etc., of their business.
*Immediate family means spouse, parents and children of the person involved.
**Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not
limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term
relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition
applies regardless of the sexual orientation of the employees involved. Persons involve d in a close personal relationship shall be
referred to as a "close personal relation."
***Controlling financial interest means ownership, directly or indirectly,to ten (10) percent or more of the outstanding capital stock in
any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other
interest or position in a business entity sufficient to allow him or her to control its operations.
Do you need to disclose any Conflicts of Interest?
❑ Yes
❑ No
*Response required
When equals"Yes"
5.1. Conflict(s) of Interest*
List the name(s) of the City employee, elected or appointed official,and the position(s)with your business
*Response required
6. Response to Proposal*
; ipeci'if allll_ state Late the Proposer's understanding of the work to be accomplished and make a positive commitment to perform the work in
SCOPIE:::01I:: SE-JRVICE,S.
........................................................................................
*Response required
7. Price Proposal*
Please download the below documents, complete, and upload.
• C99 Pirogosall Place Holder
*Response required
8. Sub-Contracting Submittals*
No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the City. The
Successful Proposer shall be required to perform with its own forces at least fifty-one(51) percent of the work,unless
prior written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such
approved subcontracting, the Successful Proposer 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:
• Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10
• Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20
34
These forms must be completed (including signatures)and submitted with all 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 RFP 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.
Please download the below documents, complete, and upload.
• F Ii�I�S...._I�.�C:�.:::�:1...._�C�C2:::.....
*Response required
9. Sub-Contractors*
Will you be using Sub-Contractors?
❑ Yes
❑ No
*Response required
When equals"Yes"
9.1. I will send MBD-40 within 10 days of the bid opening.*
The bid opening is Friday, December 20, 2024. This form is due to Michelle Estevez(michelle.estevez@tampagov.net)within 10
days of opening date if you are going to utilize sub-contractors under this award. See attachments for MBD-40 form.
❑ Please confirm
*Response required
10. PROPOSER'S AFFIDAVIT*
Please download the below documents, complete, and upload.
• PiEg2q er"s Affidavit„mdf
*Response required
11. AFFIDAVIT OF COMPLIANCE WITH FOREIGN COUNTRIES OF CONCERN PURSUANT TO SECTION 287.138, FLORIDA
STATUTES (2023)*
Please download the below documents, complete, and upload.
• AlF:JF:IIDAV:FF OF COMPIi..:IAINCE WIT......
...........................................................................................................................................................
*Response required
12. Proposal Confirmation*
By clicking Confirm below,the Proposer complies with all of the requirements of the RFP package including but not
limited to Communication Policy and City of Tampa Ethics Code contained in SECTION "GENERAL CONDITIONS".
NOTE: When Proposer is a corporation, the president,vice president or other person duly authorized to bind the corporation shall set
out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The
proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than
an officer of the corporation,shall be accompanied by evidence of authority.
❑ Please confirm
*Response required
35
13. Coercion for Labor or Services Attestation Pursuant to Section 787.06, Florida Statutes(2024)*
Pursuant to Section 787.06(13), F.S., this question must be acknowledged by an officer or representative of a nongovernmental entity
when a contract is executed, renewed,or extended between the nongovernmental entity and a governmental entity.
The Proposer confirms that they do not use coercion for labor or services as defined in Section 787.06, F.S. Under penalties of perjury,
I declare that I have read the foregoing statement and that the facts stated in it are true.
❑ Please confirm
*Response required
36
NON-EXCLUSIVE AGREEMENT FOR SELF-SERVICE
PADDLEBOARD/KAYAK RENTAL SERVICES
BETWEEN MONROE COUNTY, FLORIDA AND PADL, LLC
THIS NON-EXCLUSIVE AGREEMENT FOR SELF-SERVICE
PADDLEBOARD/KAYAK RENTAL SERVICES (the "Agreement") made and entered into in
Monroe County, Florida this day of , 2026, (the "Effective Date") by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
the "County," through the Monroe County Board of County Commissioners, hereinafter referred
to as the `BOCC", and PADL, LLC, a Florida limited liability company, whose principal address
is 951 Crandon Boulevard, P.O. Box 491346, Key Biscayne, Florida 33149, its successors and
assigns, hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, County desires to procure non-exclusive paddleboard and kayak rental station
services from Contractor utilizing competitive bid payment/revenue sharing terms from a City of
Tampa contract that was awarded pursuant to a competitively bid solicitation issued by City of
Tampa, under Request for Proposal ("RFP") #25-P-00002 effective September 18, 2025, for an
initial three (3) year term with an option to renew the Agreement for two (2) additional one (1)
year terms. The initial agreement is attached as Exhibit"A" (the "Initial Agreement"); and
WHEREAS, Contractor further agrees to extend the terms, conditions, and pricing of the Initial
Agreement to the County, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
SCOPE OF SERVICES
1. Contractor shall operate, maintain and provide self-service paddleboard and kayak rentals
and safety equipment at waterfront property locations designated by the County in coordination
with the Contractor through Contractor-provided self-service stations for residents and visitors as
set forth in this Agreement (the "Services"). The waterfront properties designated by the County
include:
• Harry Harris Park, located at 50 E Beach Road, Tavernier, FL 33070;
• Veterans Park, located at 39900 Overseas Highway, Little Duck Key 33043;
• Pine Channel Park, located at 29550 Overseas Highway, Big Pine Key, FL 33040; and
• Rowells Marina located at 104550 Overseas Highway, Key Largo, FL 33037;
1
(collectively known as the "Premises"). This Agreement is subject to the approval of the Florida
Department of Transportation or other State department as necessary.
Prior to delivery of the stations, the County and the Contractor will mutually agree on
identifying the area at each location where the stations will be installed. The County reserves the
right to add, delete, or modify locations as necessary in the best interest of the County. Contractor
is responsible for obtaining any applicable permits, permissions, or licenses required by Monroe
County, the State of Florida, and/or any federal agencies for provision and operation of the
services.
2. Contractor shall at its own expense furnish the services described above and all material
equipment, tools, and labor of every description necessary for and to carry out in good, firm,
substantial, and workmanlike manner the following work under the terms and conditions specified
in this Agreement. All trade fixtures and other personal property useful from time to time in
connection with Contractor's operation, shall be and, remain the property of Contractor and may
be removed by Contractor prior to or within a reasonable time after expiration or other termination
of this Agreement provided, however, that Contractor shall repair any damage to the premises
caused by such removal. The failure to remove trade fixtures or other personal property shall not
constitute a hold-over, but all such property not removed within ten (10) days after Contractor
receives a written demand for such removal shall be deemed abandoned and thereupon shall be the
sole property of the County.
3. The Agreement shall be effective immediately upon execution by both the County and the
Contractor and shall continue for a period of three (3) years from commencement of the Services
(the"Commencement Date"),and may by mutual written agreement,be renewed at the same terms
and conditions for two (2) additional one (1) year terms. Contractor shall have thirty (30) days to
deliver the stations to the designated locations and begin rentals. The County, through its County
Administrator or his/her designee, has the option and reserves the right to unilaterally extend the
original contract term or any renewal for up to three (3) additional thirty (30) day periods, on the
same terms and conditions.Notice of the County's intent to renew shall be provided by the County
in writing to the Contractor prior to the expiration of the Agreement, or the renewal term if the
Agreement has been previously renewed.
4. Contractor shall provide to the County's representative by the tenth (IOth) business day of
each month,monthly written reports that include rental activity per location, zip code of customer,
any user activity/customer analytics, equipment and station locations,website and/or social media
analytics to support marketing efforts, and sales for the preceding month.
5. Contractor shall pay to the County a twenty(20%)share of the total monthly gross revenue
net sales tax for each station for the granted use of the locations on the Premises. Contractor shall
pay the fees to the County by the tenth (loth) of each month, representing the gross revenue
2
collected for the preceding month.All Payment should be made payable to Monroe County BOCC
and directed to the Monroe County Parks and Beaches Department Contract Monitor 102050
Overseas Hwy, Suite 209 Key Largo, FL 33037. The County shall have no obligation to make
payment to Contractor under this Agreement.
6. Contractor represents that it now has or shall secure all personnel required to perform the
Services under the Agreement. All personnel assigned to perform the services shall be properly
qualified and trained for the Services to be performed.
7. An inventory of all stations, equipment, and personal property stored at each Premises
location by Contractor must be provided to the County Representative within thirty (30) days of
delivery of a station. The inventory list shall include the type and brand of paddleboards and/or
kayaks to be rented, types of personal flotation devices to be used, and types of paddles and any
other standard rental equipment. All equipment or other personal property owned by Contractor,
which has been placed or maintained on the Premises by Contractor, is at the sole risk of
Contractor.
8. Contractor acknowledges that this Agreement does not confer any possessory interest in
the Premises but merely gives Contractor permission and authority to provide the Services on the
locations on the Premises designated for the stations. Contractor shall not place or attach any
person property, fixture, or structures to the Premises without the prior written consent of the
County. The County makes no representations,warranties, guarantees concerning the condition of
the Premises or the suitability for use by the Contractor. The County assumes no liability for theft,
loss or damage to Contractor's paddleboards, kayaks or other property and equipment. The
Contractor agrees that the County is not responsible for providing security at any of the Property
locations where Contractor's property and equipment are stored and located, and Contractor
hereby waives any claim against the County in the event Contractor's paddleboards, kayaks or
other property and equipment are stolen, lost or damaged.
ADDITIONAL TERMS AND CONDITIONS
9. Total Contract Value: The total contract value of this Agreement, including renewals,
shall not exceed $100,000.00, unless approved by the Monroe County Board of County
Commissioners.
10. Assignment, Transfer, and Subcontracting: Contractor shall not, in any manner, assign,
transfer, mortgage, pledge, encumber or otherwise convey an interest in this Agreement, nor
contract the services permitted herein or any part thereof, without the prior written consent of
County. Such consent can be withheld for any reason or for no reason at all. Any such attempted
assignment, transfer, or subcontract without County approval shall be null and void. In the event
County consents in writing as aforesaid, Contractor shall have the right to the extent permitted by
3
County's consent to subcontract or assign all or any portion of the permitted services, provided
that any such subcontract or assignment shall be limited to only the same purposes as are permitted
under this Agreement.Any such subcontract or assignment shall be subject to the same conditions,
obligations and terms as set forth herein and Contractor shall be fully responsible for the
observance by its subcontractors of the terms and covenants contained in this Agreement.
Notwithstanding anything herein to the contrary, in the event of an approved subcontract,
Contractor shall remain primarily liable to County for fulfilling all obligations, terms and
conditions of this Agreement, throughout its entire term.
11. Termination: The County may terminate this Agreement for cause should Contractor fail
to perform. Prior to termination for cause, the County shall provide Contractor with seven (7)
calendar days' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause. The
County may terminate this Agreement for convenience, at any time, upon thirty(30) days'written
notice to Contractor. The County may immediately terminate this Agreement as otherwise
provided below.
12. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies
that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the
Department may immediately terminate this Agreement at its sole option if the Contractor is found
to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If
this Agreement is for more than one million dollars, the Contractor certifies that it is also not on
the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as
identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may
immediately terminate this Agreement at its sole option if the Contractor is found to have submitted
a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in
Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.As provided
in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,
then they shall become inoperative.
13. Condition of Premises: Contractor has inspected the Premises and agrees to accept use
of the Premises in its "as is" condition.
14. Return of the Premises: Upon cancellation or termination, Contractor shall voluntarily
quit its use of the Premises, peacefully remove all equipment, and return the Premises to County
in the same condition as received, on the date of the termination in a satisfactory condition as
determined by the County.
4
15. Notice: Whenever either party desires to give notice unto the other, it must be given by
written notice, delivered(i)in person, (ii)via registered or certified US mail,postage prepaid with
return receipt requested, or(iii)via nationally recognized overnight delivery service,and addressed
to the party for whom it is intended at the place last specified by each party. The place for giving
of notice shall remain such until it is changed by written notice delivered in compliance with the
provisions of this Section 9. For the present, the parties designate the following as the respective
places for giving of notice:
For County: For Contractor:
Monroe County Andres Avello, CEO
Parks and Beaches Department PADL, LLC
102050 Overseas Hwy PO Box 491346
Key Largo, FL 33037 Key Biscayne, FL 33149
and County Attorney
1111 121h Street, Suite 408
Key West, FL 33040
16. Non-exclusive Use: The rights granted under this agreement are non-exclusive. It is
mutually understood and agreed by the County and Contractor that if during the term hereof, the
Premises or any part thereof shall be required by County for any lawful purpose, particularly
including the use thereof for governmental purposes, then, and in that event, the COUNTY may
immediately terminate the Agreement or arrange for mutual use of the Premises during the
Contractor's term.
17. Maintenance of Records: Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives, shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for five years
following the termination of this Agreement. Knowingly furnishing the Owner a false Gross
Revenue or Rental Activity Report summary under the provisions of this Agreement will constitute
a default by Operator of this agreement and the Owner may, at its option, immediately terminate
this agreement.
18. Incident Reporting: Contractor shall notify and submit an Incident Report to the County
Representative or his/her designee within 24 hours of any accident/incident that requires medical
attention, when public safety personnel have been called to assist with a situation, or property
damage has occurred.
5
19. Personnel: Contractor shall be solely responsible for the supervision,hiring, and firing of
their own employees and volunteers. Contractor shall, at its own expense, ensure that all of its staff
and personnel who will be involved in the performance of this Agreement have undergone a Level
II background screening and any other background screening required by law in accordance with
Chapter 435, F.S. Documentation demonstrating compliance with this subparagraph along with a
list of current personnel must be provided to the County upon request and maintained by
Contractor. Contractor shall ensure that its employees are trained in all appropriate safety
regulations and comply with all local, State, and Federal regulations.
20. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the
County and Contractor agree that venue shall lie in the appropriate court or before the appropriate
administrative body the 16th Judicial Circuit in and for Monroe County, Florida. This Agreement
shall not be subject to arbitration.
21. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees
and court costs, as an award against the non-pre prevailing party, and shall include attorney's fees
and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
22. Nondiscrimination: The Parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred,this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The Parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age;5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
6
Public Health Service Act of 1912,ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3),as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIH of the Civil Rights
Act of 1968 (42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note),
as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
23. Public Records Compliance: Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made
or received by the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of
this provision by Contractor. Failure of Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of
all attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract. Contractor is encouraged to consult with its advisors
about Florida Public Records Law in order to comply with this provision. The Agreement is a
Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119,
Florida Statutes.
The contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGRADING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, (305) 292-3470, C/O MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040.
24. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is
limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County
7
and Contractor in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver. Nothing contained herein is
intended,nor may it be construed, to waive County's rights and immunities under the common law
or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included
herein be construed as consent to be sued by any third parties in any matter arising out of this
Agreement.
25. Non-Reliance by Non-Parties:No person or entity shall be entitled to rely upon the terms,
or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
26. No Personal Liability: No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
27. Statutory Requirements and Notices relating to Unauthorized Employment and
Subcontracts: E-Verify System: In accordance with F.S. 448.095, Any Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland S -Verify
system to verify the work authorization status of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Ho -Verify
system to verify the work authorization status of all new employees hired by the subcontractor
during the Agreement term. Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ, contract with, or subconstruct with an unauthorized alien.
Contractor shall comply with and be subject to the provisions of F.S. 448.095.
28. 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, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
8
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, F.S., for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list.
29. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more,
Contractor shall disclose to County any current or prior interest of, any contract with, or any grant
or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such
interest, contract, or grant or gift has a value of$50,000 or more and such interest existed at any
time or such contract or grant or gift was received or in force at any time during the previous 5
years. Such disclosure shall include the name and mailing address of the disclosing entity, the
amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign
country of concern and,if applicable, the date of termination of the contract or interest,the date of
receipt of the grant or gift, and the name of the agent or controlled entity that is the source or
interest holder. If the disclosure requirement is applicable as described above, then within 1 year
before applying for any grant, Contractor must also provide a copy of such disclosure to the State
of Florida Department of Financial Services.
30. Suspended Person/Business Entity Sec. 2-347(l), Monroe County Code: In accordance
with Monroe County Code Sec. 2-347(1), the Contractor hereby swears and affirms that it is not a
suspended person or business entity. The employment of a suspended person/business entity is a
material breach of the county/contractor contract and entitles the County, in its discretion, to
terminate the contract with no further liability to the Contractor beyond payment of the portion of
the contract price that may be due for work satisfactorily completed up to the date of termination.
31. Indemnification & Hold Harmless: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and
hold the County, and the County's elected and appointed officers and employees, harmless from
and against any claims, actions or causes of action, any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with: (A) any activity of the Contractor or any of its employees, agents, contractors or
other invitees during the term of this Agreement; (B) the negligence or recklessness, intentional
wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its
employees, agents, sub-contractors or other invitees; or (C) the Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement. In consideration of
Contractor's operations being conducted entirely on property owned or operated by the County
(`Premises'), Contractor acknowledges that it has been given a full and fair opportunity to inspect
the Premises and agrees that they are safe and suitable for the operations contemplated under this
9
Agreement; and that accordingly, Contractor's duty of defense and indemnification specifically
covers claims based on the alleged negligence of the County,including but not limited to premises
liability, except that Contractor shall not be required to indemnify the County for claims arising
from the intentional or reckless actions or omissions of the County, its employees, officers, or
agents. Contractor shall also require that all third-party users execute liability waivers releasing
the County from all liability resulting from use of the Contractor's services. This section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
32. Insurance: At all times during the term of this Agreement (including any extensions
thereof), Contractor shall maintain the insurance as specified in this section. In the event
Contractor fails to maintain all insurance required by this section, County reserves the right to
immediately tenninate this Agreement or suspend all work until the required insurance has been
reinstated. Delays in completion of the work resulting from Contractor's failure to maintain
required insurance shall not cause the extension of any deadlines specified in this Agreement, and
Contractor agrees to indemnify and hold harmless the County for any and all increases in cost
resulting from such delay. Contractor shall maintain the following coverage:
• Commercial General Liability: Contractor's insurance policy shall cover, at a minimum,
premises operations, personal injury (including death), property damage, products &
completed operations, and blanket contractual liability.If coverage is provided on a Claims
Made basis, Contractor's policy must provide for claims filed during the term of this
Agreement, and for twelve (12) months after its termination or expiration. Contractor's
policy shall be endorsed to name Monroe County Board of County Commissioners as
Additional Insured. The minimum limits acceptable are: $1,000,000 Combined Single
Limit(CSL)
• Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits
sufficient to meet requirements of Chapter 440, Florida Statutes.
• Business Auto Liability: Contractor's insurance policy shall provide coverage for all
owned, non-owned, and hired vehicles used in the performance of work under this
Agreement. Contractor's policy shall be endorsed to name Monroe County Board of
County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000
Combined Single Limit(CSL).If Split Limits are provided,the minimum acceptable limits
are: $200,000 per person; $300,000 per Occurrence; 5100,000 Property Damage.
• Employee Dishonesty: Contractor shall purchase and maintain throughout the tern of this
Agreement insurance coverage which will pay for the loss of County funds or property
caused by the fraudulent or dishonest acts of the Contractor's employees, agents, or
representatives,whether acting alone or in collusion with others. The minimum acceptable
10
limit of liability is $100,000 per Occurrence.
Prior to commencement of work under this Agreement, Contractor shall provide to the County
Risk Manager satisfactory evidence of the required insurance, which may be an Certificate of
Insurance or a copy of the insurance policy. The County reserves the right to request a certified
copy of Contractor's insurance policy. Any deviation from the insurance requirements specified
herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form.
Insurance Waivers may be requested from the Risk Management Department: Tel: (305)292-3470;
Email: r__;_i rrn�wl"n , ,r n �n� r rn �rnz: ,;� u.n� �: fl.,! may.
33. COUNTY FORMS: By signing this Agreement, Contractor has sworn or affirmed to the
following requirements as set forth in the Public Entity Crime Statement,Ethics Statement,Vendor
Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive
Conduct for Labor or Services as set forth in more detail in this Agreement.
34. PUBLIC ENTITY CRIME STATEMENT: Contractor certifies and agrees that
Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
In accordance with Section 287.134,Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may
not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid
on a 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.
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid, proposal or reply on contracts to provide any goods
or services to a public entity, may not submit a bid, proposal or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids,
proposals or replies on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, Contractor or subcontractor 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 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. By signing this Agreement,
Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this
Agreement and recovery of all monies paid hereto and may result in debarment from County's
competitive procurement activities.
11
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any subcontractor has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime"regardless of the amount of money involved
or whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged
with an act defined as a "public entity crime" or has been placed on the convicted vendor
list.
35. ETHICS CLAUSE: By signing this Agreement, Contractor warrants that he/it has not
employed, retained or otherwise had act on his/her behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may,
in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover the full amount of any fee,
commission,percentage, gift, or consideration paid to the former County officer or employee.
36. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS:
Contractor agrees and certifies compliance with the following:
Section 287.135,Florida Statutes prohibits a Contractor from bidding on,submitting a proposal
for, or entering into or renewing a contract for goods or services of any amount if, at the time of
contracting or renewal, the Contractor is on the Scrutinized Companies that Boycott Israel List,
created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section
287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposal for,
or entering into or renewing a contract for goods or services of $1,000,000 or more, if the
Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to
s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on
the State Board of Administration's "Scrutinized List of Prohibited Companies" available under
the quarterly reports section at
As the person authorized to sign on behalf of Contractor, I hereby certify that the Contractor
identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism List, or engaged in business operations in Cuba or Syria or on the Scrutinized List of
Prohibited Companies.
12
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false
certification may subject Contractor to civil penalties, attorney's fees, and/or costs. I further
understand that any contract with the County may be terminated, at the option of the County,if the
Contractor is found to have submitted a false certification or has been placed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Terrorism List or been engaged in business operations in Cuba or Syria or on the Scrutinized List
of Prohibited Companies.
Note: The List are available at the following Department of Management Services Site:
/veiidor iniirrrrim� Jon/co:Vri
�;,()tp a,dlyds vendor fisi,s
37. NON-COLLUSION AFFIDAVIT: Contractor by signing this Agreement, according to
law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of
the firm of Contractor, the bidder making the Proposal for the project described in the Scope of
Work and that I executed the said proposal with full authority to do so; the prices in this bid have
been arrived at independently without collusion, consultation, communication or agreement for
the purpose of restricting competition,as to any matter relating to such prices with any other bidder
or with any competitor; unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
38. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES: CONTRACTOR is required to provide an affidavit under penalty of perjury attesting
that CONTRACTOR does not use coercion for labor or services in accordance with Section
787.06,Florida Statutes.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
13
By: ,- .... ..
County Administrator or Designee
!:O LIAAC.10R'S Witnesses Attest, CONTRACTOR: PADf, H,C,
A Florida limited liability company.
Contractor must provide two witnesses ......
-------
Signatures Signature:
Signature-,,. Print Name:,---g
Print Narne: Title:
Date: Date:
and
Signature:_
Print Name:
Date: J / �
[NOTARY PAGE FOLLOWS]
W,04W*=Aq'rY ArTOPJ*y
APPROVED A§?FOFW
A5,1UUTANTCOUNTY ArTORNEY
14
STATE OF fAVU
� CF,1,PA , COUNTY OF
On this day of °"� ,2016,, before me, the and ned notary public
by means ofhysical presence or ❑ online,personally appeared
(name f iant) known to me to be the person w rose name is subscribed
above or who produced_ as identification, and acknowledged that he/she is
the person who executed the above contract with Monroe County to operate a kayak and
paddleboard shareRprogrPADL's GPS, 3G, and self-locking technology for the purposes
therein contained.
Notary Public
Print Name - �
My commission expires: (Seal)
;Notary Pubft State of 9{oridaRay ZamoraMy Commission HM 7369771111EXPires 11/212029
15
AFFIDAVIT ATTESTING TO NONCOERCIVE
CONDUCT FOR LABOR OR SERVICES
Attest:
As defined in Section 787.06(2)(a), coercion means:
I. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing,removing, confiscating,withholding, or possessing any
actual or purported passport,visa, or other immigration document, or any other actual
or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of CONTRACTOR, I certify under penalties of perjury
that CONTRACTOR does not use coercion for labor or services in accordance with Section
787.06.Additionally, CONTRACTOR has reviewed Section 787.06,Florida Statutes, and agrees
to abide by same.
Contractor-
Signature
n
Title
Date
16
PURCHASING/MTH/ME/AR
RESOLUTION NO. 2025- 923
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA AND PADL LLC FOR THE
FURNISHING OF SELF-SERVICE PADDLE BOARD/KAYAK RENTAL SERVICES FOR THE PARKS AND
RECREATION DEPARTMENT FOR USE BY THE PARKS AND RECREATION DEPARTMENT;AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tampa issued Request for Proposal (RFP) #25-P-00002 for the furnishing of Self-
Service Paddle Board/Kayak Rental Services for the Parks and Recreation Department for use by the Parks and
Recreation Department; and
WHEREAS, PADL LLC of Florida is recommended for award of an Agreement to furnish Self-Service
Paddle Board/Kayak Rental Services for the Parks and Recreation Department.
NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF TAMPA, FLORIDA:
Section 1. That the Agreement between the City of Tampa and PADL LLC of Florida for the furnishing of
Self-Service Paddle Board/Kayak Rental Services for the Parks and Recreation Department, a copy of which is
attached hereto and made part hereof, is authorized and approved in its entirety or in a form substantially similar
thereof. The term of the Agreement shall be for a three (3) year term with an option to renew the Agreement for
two (2) additional one (1)year terms by mutual written agreement of the parties.
Section 2. This provides commission revenue to the City to be determined based on PADL LLC sales.
PADL LLC shall pay the City twenty (20%) share of the total monthly gross revenue net sales tax for each station for
the granted use of the locations on the City properties. The Agreement will be funded by revenues generated by
PADL LLC by providing rental services and any commissions will be deposited within the General Fund.
Section 3. That the Mayor of the City of Tampa is authorized and empowered to execute, and the
City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City.
Section 4. That the proper officers of the City of Tampa are authorized to do all things necessary and
proper in order to carry out and make effective the provisions of this Resolution,which shall take effect
immediately upon its adoption.
Section 5. That the City Clerk shall file a fully executed copy of the Agreement in the official records of
the City of Tampa as maintained by the Office of the City Clerk. ,..
PASSED AND ADOPTED BY THE CiTY COUNCIL OF THE CITY OF TAMP , F 6IDA,ON _
CHAIR/CHAIR PRO-TEM
ATTESG: TAMPA CITY COUNCIL
CITY CLERK/ RP41*71 -GL-Eft
APPROVED AS TO FORM:
e/s
BY MARCELLA T. HAMiLTON
SENIOR ASSISTANT CITY ATTORNEY II 981
NCA 2-S"— t to 9 9 t
AGREEMENT FOR SELF-SERVICE PADDLEBOARD/KAYAK RENTAL SERVICES
THIS AGREEMENT FOR SELF-SERVICE PADDLEBOARD/KAYAK RENTAL SERVICES (the "Agreement")
made and entered into at Tampa, Florida, this 18th day of September 2025, (the "Effective
Date") by and between the CITY OF TAMPA, a municipal corporation organized and existing
under the Laws of the State of Florida, hereinafter referred to as "City", whose address is 315
East Kennedy Boulevard Tampa, Florida 33602 and PADL LLC, a Florida limited liability company,
hereinafter referred to as "Contractor", whose address is 951 Crandon Boulevard, P.O. Box
491346, Key Biscayne, Florida 33149.
Whereas, the City solicited Request for Proposals (RFP) #25-P-00002 for Self-Service
Paddleboard/Kayak Rental Services;and
Whereas, the Contractor proposes to operate a kayak and paddleboard share program
with the City using its GPS, 3G, and self-locking technology in its fleet such that kayaks and paddle
boards may be locked and opened by users with an app and tracked to provide for operation and
maintenance;and
Whereas, the City has selected the Contractor to provide such Paddleboard/Kayak
Rental Services.
Now,therefore,
In consideration of the mutual stipulations, agreements, and covenants herein contained, the
parties hereto have agreed and hereby agree with each other or their executors, administrators,
heirs or successors,and assigns, as follows:
FIRST:
Contractor shall at its own cost and expense furnish the services described below and all material,
equipment, tools, and labor of every description necessary for and to carry out in good, firm,
substantial and workmanlike manner the following work under the terms and conditions as
specified in this Agreement and the following attachments made part of this Agreement:
(X) Request for Proposals (RFP) #25-P-00002 for Self-Service Paddleboard/Kayak Rental
Services, inclusive of all parts and attachments, Addendum #1 and Addendum #2 in latest
date order
(X) Contractor's Proposal and Affirmation in response to RFP#25-P-00002
1
#WCLNZ15YOD372Pv1
Contractor shall operate, maintain and provide self-service paddleboard and kayak rentals and
safety equipment at waterfront property locations designated by the City in coordination with the
Contractor through Contra ctppprovded self-service stations for residents and xiubom as set forth
in this Agreement(the°SerVices°1.The waterfront properties ofthe City include Cypress Point Park,
562O West Cypress Street, Tampa, Florida 33607, Picnic Island Park 7404 Picnic Island Boulevard,
Tampa, Florida 33616 and Lowry Park Boat Ramp (Kayaks only) 1204VVest Hoha Street, Tampa,
Florida 33604, (the "Properties"). Prior to delivery of the stations, the City and the Contractor will
mutually agree on identifying the area at each location where the stations will be installed. The City
reserves the right to add, delete, or modify locations as necessary in the best interest of the City.
Contractor is responsible for obtaining any applicable permits, permissions,or licenses required by
the City, Hillsborough County, the state of Florida, and/or any federal agencies for provision and
operation mf the services.
The Contractor shall provide to the Cit»~s representative by the fifth (51») business day of each
month, monthly written reports that include rental activity per location, zip code of customer, any
user activity/ customer ana|ytics, equipment and station locations, vvebsite and/or social media
ana|yticsto support marketing efforts,and sales for the preceding month.
Contractor represents that it now has or shall secure all personnel required to perform the Services
under this Agreement. All personnel assigned to perform the services shall be properly qualified
and trained for the Services to6eperformed.
Contractor acknowledges that this Agreement does not confer any possessory interest in the
Properties but merely gives Contractor permission and authority to provide the Services on the
locations on the Properties designated for the stations. Contractor shall not place or attach any
personal property,fixture, or structures to the properties without the prior written consent of the
Qty. The City makes no representations,warranties,or guarantees concerning the condition of the
Properties or their suitability for use by the Contractor. The City assumes no liability for loss or
damage toContractor's padd|eboardy, kayaks, or other property and equipment. The contractor
agrees that the City is not responsible for providing security at any of the Property locations where
Contractor's property and equipment are stored and located, and Contractor hereby waives any
claim against the City in the event Contractor's padd|eboards, kayaks or other property and
equipment are lost ordamaged.
2
#VVCLNZ75YDQ372Pv1
SIXTH:
The Contractor shall pay to the City a twenty (20%) share of the total monthly gross revenue net
sales tax for each station for the granted use of the locations on the Properties. Contractor shall pay
the fees to the City by the tenth (loth) business day of each month, representing the gross revenue
collected for the preceding month.
SEVENTH:
The Agreement shall be effective immediately upon execution by both the City and the
Contractor and shall continue for a period of three(3)years from commencement of the Services
(the "Commencement Date"), and may, by mutual written agreement, be renewed at the same
terms and conditions for two (2) additional one (1)year terms. Contractor shall have thirty (30)
days to deliver the stations to the designated locations and begin rentals.
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 Contractor prior to the expiration of the Agreement, or the
renewal term if the Agreement has been previously renewed.
Upon expiration or earlier termination of the Agreement, Contractor shall, at its sole cost and
expense,vacate the Properties, remove the stations and all personal property and equipment, and
restore the designated locations on the Properties to the condition that existed at the
commencement of the Agreement.
EIGHTH:
Contractor shall not transfer or assign this Agreement without the prior written approval of City;
and,during the progress of the work,Contractor shall comply with applicable Federal,State,County
and City laws, rules, regulations,codes,and rules applicable to this contract.
NINTH:
This Agreement shall be interpreted and construed in accordance with the laws of the State of
Florida. Venue for any action shall be brought exclusively in a court of competent jurisdiction in
Tampa (Hillsborough County) Florida.
TENTH:
If any part, terms, or provisions of this Agreement shall be held illegal, unenforceable, or in
conflict with any law of a federal, state, or local government having jurisdiction over this
Agreement,the validity of the remaining portions or provisions shall not be affected thereby.The
3
#WCLNZ35YOD372Pv1
City and Contractor will in good faith attempt to replace an invalid or unenforceable clause with
one that is valid and enforceable.
ELEVENTH:
The City does not explicitly or impliedly waive its rights to the privileges, rights, immunities, or
limitations of liability provided in Section 768.28, Florida Statutes, or any other statutory
limitations provided for in the Florida Statutes, nor does it extend the City's liability beyond the
limits established in Section 768.28, Florida Statutes.
TWELFTH:
Contractor shall perform the Services provided by this Agreement as an independent contractor,
and nothing contained herein shall in any way be construed to constitute Contractor to be a
representative, agent, subagent, or employee of the City or any political subdivision of the State
of Florida. No person performing work or providing services for Contractor under this Agreement
shall be entitled to any benefits available or granted to employees of the City. Contractor
assumes full responsibility for the payment and reporting of all local, state, foreign, and federal
taxes and other contributions imposed or required under unemployment,social security, income
tax,and similar laws,with respect to the performance of Contractor's obligations required by this
Agreement by, or on behalf of, Contractor to the City. Notwithstanding anything in this
Agreement to the contrary, Contractor shall not have the right or power to make any contracts,
commitments, or admissions of liability for or on behalf of the City. Contractor shall be solely
responsible for the means, methods and procedures used by Contractor to perform under this
Agreement.
THIRTEENTH:
This Agreement may not be modified, amended or extended verbally or by conduct but only by
a writing duly executed by the parties herein.
FOURTEENTH:
Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the City or Contractor.
FIFTEENTH:
A waiver of any provision of this Agreement shall be valid and effective only if it is in writing and
signed by or on behalf of the party granting the waiver. No delay or course of dealing by a party
to this Agreement in exercising a power, right, or remedy under this Agreement will operate as a
waiver of any power, right, or remedy of that party, except to the extent expressly set forth in a
writing signed by or on behalf of that party. In addition,the written waiver by a party of a power,
right, or remedy under any provision of this Agreement will not constitute a waiver of any
4
#WCLNZ35YOD372Pv1
succeeding exercise of the power, right, or remedy or a waiver of the provision itself.Any waiver
shall be limited to the particular right so waived and shall not be deemed to waive any other right
under this Agreement.
SIXTEENTH:
Whenever either party desires to give notice unto the other, it must be given by written notice,
delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with
return receipt requested, or (iii) via nationally recognized overnight delivery service, and
addressed to the party for whom it is intended at the place last specified by each party.The place
for giving of notice shall remain such until it is changed by written notice delivered in compliance
with the provisions of this Sixteenth Paragraph. For the present, the parties designate the
following as the respective places for giving of notice:
For City: For Contractor:
Director of Purchasing Andres Avello, CEO
Purchasing Department PADL, LLC
Hanna City Center PO Box 491346
2555 East Hanna Avenue Key Biscayne, FL 33149
Tampa, FL 33610
SEVENTEENTH:
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. Each
party agrees that this Agreement and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Agreement or such other documents are the same as handwritten signatures for the purposes
of validity,enforceability, and admissibility.
EIGHTEENTH:
Contractor shall notify the City in writing within twenty-four(24) hours of any accident/incident
that requires medical attention,when public safety personnel have been called to assist with a
situation,or property damage has occurred.
NINETEENTH:
Any failure of the Contractor to satisfy the requirements of this Agreement, as documented by the
City's representative,shall be considered a default of the Agreement and sufficient reason for
termination. For defaults that the City deems curable,Contractor shall be notified in writing by the
City and shall have an opportunity to cure the default within ten (10)calendar days after such
notification or for a longer period of time that the City,in its sole determination,deems
5
#WCLNZ35YQD372Pv1
acceptable. For defaults deemed not curable by the City,written notice of the termination date
shall be giventuthe Contractor.
The City shall also have the right tP terminate this Agreement inthe event that the Contractor shall
be placed in either voluntary or involuntary bankruptcy or an assignment is made for the benefit of
creditors.
The City shall have the right at any time upon thirty(30)calendar days'written notice to the
Contractor to terminate the Services of the Contractor for convenience.
In the event the City's termination for default is deficient,at the option of the City, such
termination shall 6e deemed a termination for convenience.
The Contractor shall make all payments to the City required under this Agreement for sales made
through the date oftermination.
Contractor shall secure and maintain throughout the duration of this Agreement insurance of such
types and in such amounts not less than those specified below as satisfactory to the City, naming
the City as an Additional Insured, underwritten by a firm rated A-X or better by AM Best and
qualified to do business in the State of Flonda.The insurance coverage shall be primary insurance
with respect to the City,its officials employees,agents and volunteers naming the City as
additional insured. Any insurance maintained 6mthe City shall be|nexcess of Contractor's
insurance and shall not contribute to Contractor's insurance.The insurance coverages shall
include at a minimum the amounts set forth in this Twentieth Section and may be increased by the
City as it deems necessary orprudent. Commercial General Liability coverage with limits ofliability
of not less than a$l,OOO,OOO per Occurrence combined single limit. The General Aggregate
Liability limit shall be in the amount of$2.000,000.Workers Compensation and Employer's liability
insurance,to apply for all employees for statutory limits as required by applicable State and
Federal laws. No employee,subcontractor or agent of the Contractor shall be allowed toprovide
services pursuant to this Agreement who Is not covered by Worker's Compensation insurance. in
accordance with Florida law, as to the ownership, maintenance,and use of all owned, non-owned,
leased, or hired vehicles.Automobile Liability insurance shall not be less than: (a)$500,000
combined single limit each occurrence bodily injury andpnopertydannoge6orAereennentyxe|ued
at$1Q0,OUOor less or(b)$1M combined single limit each occurrence bodily injury andpnoperty
damage for Agreements valued over$1O0,OUO.
a' Certificates of Insurance.Certificates of Insurance shall be provided to the City, reflecting
the City as an Additional Insured (except with respect to Worker's Compensation
insurance), no later than ten(10)days after award of this Agreement and prior to
commencing any Services. Each certificate shall include no less than (30)thirty-day
advance written notice to City prior to cancellation,termination,or material alteration of
said policies or insurance. Contractor shall be responsible for assuring that the insurance
6
#VVCLN335YOD372Pv1
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may ba granted 6m the City. The
Certificates of Insurance shall not only name the types of policy(ies)provided,but also shall
refer specially to this Agreement and shall state that such insurance is as required by this
Agreement. City reserves the right to inspect and return a certified copy of such policies,
upon written request by the City. |fa policy is due toexpire prior to completion ofthe
Services, renewal Certificates of Insurance shall be furnished thirty(30)calendar days prior
tm the date of their policy expiration. Each policy certificate shall be endorsed with a
provision that not less than thirty(30)calendar days'written notice shall be provided to
the City before any policy or coverage is cancelled or restricted.Acceptance of the
Cert|ficate/s\is subject tm approval nfthe City. Certificate Holder shall be the City ofTampa,
Florida.
b' Additional Insured. Except with respect to Worker's Compensation Insurance,the City is to
be specifically included as an Additional Insured for the liability of the City resulting from
Services performed by or on behalf of Contractor in performance of this Agreement.
Contractor's insurance, including that applicable to the City as an Additional Insured,shall
apply ona primary basis and any other insurance maintained bythe City shall heinexcess
of all and shall not contribute to Contractor's insurance. Contractor's insurance shall
contain severability of interest provision providing that,except with respect to the total
limits of liability,the insurance shall apply to each insured or Additional Insured (for
applicable policies) iOthe same manner 8sif separate policies had been issued for each.
Deductibles-All deductibles or self-insured retentions must be declared to and be
reasonably approved bythe City. Contractor shall he responsible for the payment mfany
deductible or self-insured retentions(n the event mf any claim. The provisions mfthis
Section shall survive termination mf this Agreement.
c. Waiver of Subrogation.With regard to any policy of insurance that would pay third party
losses, Contractor hereby grants City m waiver mfany right to subrogation which any insurer
of Contractor may acquire against the City byvirtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect
such waiver, but this provision shall apply tosuch policies regardless.
Contractor shall indemnify and hold harmless,assume legal liability for and defend the City, its
officers,agents and employees,whether they be current or former from and against any and all
actions,demands,claims, losses,suits, liabilities,assertions of liability, losses,costs,and expenses,
in law orin equity,causes ofaction,judgmentordamages,arising from or related tuContractor's
performance or non-performance of any provision of this Agreement,including, but not limited to,
liabilities arising from contracts between Contractor and third parties made pursuant to this
Agreement.Contractor shall reimburse City for all its expenses including reasonable attorneys'
fees and costs incurred in and about the defense of any such claim or investigation and for any
judgment or damages arising from Contractor's performance or non-performance of this
7
#VVCLNZ15YOD372Pv1
Agreement. Nothing in this Agreement shall be deemed or construed as a waiver by the City of any
privilege, immunity or limitation of liability contained in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the authorized representative of each party hereunto have executed this
Agreement on the day and year first written above.
ATTEST: CITY OF TAMPA
CA", -
By:V
(SEAL)CITY CLERK/DEPUTY CITY CLERK JANE CASTOR, MAYOR
APPROVED AS TO FORM: PADL LLC
BY:
MARCELLA T. HAMILTON Andres Avello
ASSISTANT CITY ATTORNEY BY:
TYPE or PRINT
TITLE: CEO & Founding Partner
(Pres.,V-Pres.,Partner, Managing Member,
Owner)
Corporation
Partnership
Individual
LLC
Incorporated in the State of
Florida
8
#WCLNZ15YOD372Pv1
MATE.(M11MIDDfYY Y)
ACC R"' CERTIFICATE OF ILIABILITY INSURANCE
ll*� 0313012026
THIS CERTIFICATE IS VISSUED AS A MATTER OF INFORMATION CDINLYAND,CONFERS INCD RIGHTS UPON(THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOE'S NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IINSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
VIMIPOR'TANT. If the certificate holder is an ADDITIONAL INSURED,the poli,cyf ies)must have ADDITIONAL INSURED provisions or,be endorsed,.
If SUBROGATION IIISWAIVED,subject to the terms and conditions of the policy,certain policies may requiire an endorsement. A statement on
this certificate does not confer rights to the certificate,holder in lieu of such enclorsement(s).
PRODUCER CONTACT
Stacy Ellis
SP'R.Insurance Group,II PAHOIN Ext: (305)397-0�5M FAQ N,aD, (30D5)768-2908
19305 Biscayne 6'Ivdl E-MADDRESS: Stacy@sprinsgroup-corm
Suite 2118 INSUREIfR(S)AFFORDING COVERAGE NIAIC#.
Aventura FL 331160, INSURER A: Kinsale(Insurance Company 38920,
]INSURED INSURER B: MSIG Specialty Insurance USA Ilnc-
PAD=DL,LLC INSURER C: At-Bay Specialty Insurance Company 19607
PO Box 491346 INSURER D:
IINSURER,E:
KeyBiiscayne FL 331149 INSURERF:
COVERAGES CERTIFICATE NUMBER: CL2 5 5 1 5 11 3272 REVISION NUMBER:
THIIIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE(LASTED IBELOW HAVE BEEN ISSUiIEICD TO THE INSURED NAMED ABOVE FOR THE POLICY IPEIRIIOI D
INDICATE() NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF AINIY CONTRACT OR OTHER DOCUMENT WITH RESPECT TC}WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMIS„
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY(HAVE BEEN IRE.DUCIED II PAID CLAIMS.
INSIR AIJULSUHR POLICY EFF POLICY EXP
LTR TYPE Of INSURANCE INSU Wvu PCILIICY NIUdMMBER (IM9MYDDMYYYY) (IhIIRMI)'DDIYYM°'YD LIMITS
COMIMIERCIAL GENERAL LIABILITY IEIIC:HI OCCURRENCE. S 1...'',0001,000
CLAIMS-MADE OCCUR PREMIISE5 Ea occurrence 5 100,0100, ,
MED EXP(Amy one person) g EXCLUDED
A Y 0100241125442 051190025 05/19/20I26 PERSONALBADV INJURY 5 1,000"GD o
GEN'LAGGREGATE LI MIT APPLIES PIER: GENERALAGGREG7ATE S 2,0001,WO
(POLICY E] PECOT [:]ILOC PRODUCTS COMROPAGG S 2,00701,000
OTHER: Each Claimant(Limit 5 2001,01010
AUTO MO LRA6dLIITY COMIB4NIED SINGLE LIMIT
6Ea alcciderM'
ANY AUTO BODILY INJURY(Per(person)
B OWNED AUSCHTOSEIULED
AUTO;ONLYHNUIC}t007076+46-171 0I512312025 0511 312026 BODILY INJURY(Per accldenRD
HIRED NON-O'dNED PROPERTY DAMAGE
AUTO;ONLY X AUTOS ONLY (Per accident
X Hired&Non Owned 5 1,00701,000
UMBRELLALIAB OCCUR EACHI OCCURRENCE
EXCESS UAB CLAIMS-MADE AGI RECrATE
DEID RETENTION
WORKERS COMPENSATION P'ER OTH-
ANID EMIPLOYEIRS"LIABILITY Y f N STATUTE ER
Add'YPIROPRIETOWPARTNEWEXECUT11VE, ❑ NIA EL.EACHACCIDENIT S
OFFICERPMEMBER EXCLUDED?
IMa ndVatory in NH) E L.DISEASE-EA EMPLOYEE SM
Il yes,describe under
DESCRIPTION OF OPERATIONS below E L.DISEASE POLICY LIMIT SM
Cyber LiaLiabilityAggregate
C AB-66 11 545 3-075 121072 025 1210D2d2026 Per Occurrence
Deductible
DESCRIPTION OF{7PE.RATIiCINS I LOCATIONS f VEHICLES (ACORN 1101,Additional Reinarks Scm�eJule,may be attached It more space is required)
Monroe County Commissioners listed as an Addiitional Insured)Ath respects to'General ILRablllity when required by a written contract.
APPROVED BY RISK MliWFV,M.0EMe:HiT Workers Comp to be provided'.undler separatecover
�w,......... !Ty :.: :.Y............
WAIVERNRA vea X
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEIR'IEO,F',NOTICE WILL BE DELIVERED IN
Monroe County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100'Simonton Street
AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 191'88-2015 ACORD CORPORATNON. All rights reservedl.
ACORD 25(2015103) The ACORD name and Iloglca are registered marls of'ACORID
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSILIZANCE REQIJIREMENTS
It is reqtiested that the insurance requirements, as specified in the,County's Schedule of
Insurance Reqifireinents,be waived or modified on the following contract or purchase.
Contractor/Vendor:: PADL, LILC
Project or Service: -Kayak / Paddleboard Self-Service Kiosk Operation
Contractor/Vendor 951 Crandlon Blvd., P.O. Box 491346
Address&Plione,#�
(Key (Biscayne, FL 33149
General Scope of Work: Installation and operation of self-service kiosks
for rental of paddleboards and kayaks. Includes
payment processing and cost sharing with County
Reason for Waiver or Per John Allen, Contractor will provide County with
Modification: direct access to transaction-level financial reporting for kiosks,allowing Parks staff to audid
cost-sparIng payments to county
policies Waiver or
Modification will apply to: Employee Dishonesty
John Allen Digitallly signed lby John Allen
Signature of Requestor:� Date:2026.05.08 14;40:12-04'00'
Date: 5/8/26 Approved _WL_ Not Approved 1:1
r1% Digitally signed by Gaelan P Jones
Risk Management Signature.._ Uaelan P Jones Date:2026.05.08 14:31:17-04'00'
Date:
Coutity Administrator appeal:
Approved: Not Approved:
Date:
Board of Cowity Coniniissioners appeal:
Approved: Not Approved: _�
Meeting Date: