Chemical,_Sodium_Hypochlorite.pdf

IFB- 24 - 214

CHEMICAL, SODIUM HYPOCHLORITE

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: June 17, 2024

DEADLINE FOR QUESTIONS: June 25, 2024

RESPONSE DEADLINE: July 11, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stpete

City of St. Petersburg

Chemical, Sodium Hypochlorite

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Insurance

Attachments:

A - Agreement

#IFB- 24 - 214

Title: Chemical, Sodium Hypochlorite

1. Introduction

1.1. Summary

The City of St. Petersburg (the City) is seeking responses from qualified vendors to provide Sodium

Hypochlorite and delivery services to various City locations including the COSME water plant on an as needed basis. The quantity listed in cost summary is an estimated annual usage and may vary.

1.2. Contact Information

Adam Williams Procurement Analyst Email: adam.williams@stpete.org Phone: (727) 551-3186

Department:

Procurement

1.3. Timeline

*Timeline is subject to change

Solicitation Published June 17, 2024

Deadline for Questions June 25, 2024, 3:00pm

Deadline for Question Response June 27, 2024, 3:00pm

Deadline for Submittals July 11, 2024, 3:00pm mailto:adam.williams@stpete.org tel:(727)551-3186

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 3:00 pm on Thursday, July

11, 2024.

2.2. Standard for Award

The City will award to one vendor by written notice to the lowest responsible and responsive Vendor.

2.3. Bid Evaluation

Bids will be unconditionally accepted without alteration or correction unless the Procurement Director permits the correction or withdrawal of inadvertently erroneous bids. Bids will be evaluated based on the requirements and specifications set forth in the scope.

2.4. Submittal Requirements

The following documents are required to be considered responsive:

• Complete Cost Proposal https://procurement.opengov.com/portal/stpete/projects/98854

3. Vendor Questionnaire

3.1. General Information

3.1.1. Is the Vendor registered with the Florida Department of State, Division of

Corporations (Sunbiz) in accordance with Florida Statute §607.1501?* ☐ Yes

☐ No

*Response required

3.1.2. Is the Vendor a City of St. Petersburg certified SBE? * ☐ Yes

☐ No

*Response required

3.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * ☐ Yes

☐ No

*Response required

3.1.4. Address for Headquarters location.*

*Response required

3.1.5. Address of office providing service, if different than above.

3.1.6. Contact Information for Contact Person.*

This person must be capable of committing the company to an agreement with the City.

• Name

• Title

• Phone

• Email

*Response required

3.1.7. Description of nature of company’s business.*

*Response required

3.1.8. Year the Company was Founded.*

*Response required

3.1.9. Number of years company has operated under the current name.* *Response required

3.1.10. Number of years company has been in the present business.* *Response required

3.1.11. Company’s bank of record.*

3.1.12. Describe any litigation that the vendor has been a party to in the last five years where it was alleged that the offeror breached a contract for similar services with a client/customer and describe any contracts for similar services that the vendor failed to complete for similar services. Describe the facts and status of any such litigation or contract. * Type N/A if not applicable.

*Response required

3.1.13. Identify any government entity that has debarred or otherwise prohibited the vendor from responding to its competitive solicitations within the last five years. Describe the circumstances surrounding such debarment or other prohibition. * Type N/A if not applicable.

*Response required

3.1.14. The vendor acknowledges that it has read, understands and will comply with

Florida Statute §448.095 pertaining to required use of the U.S. Department of

Homeland Security E-Verify system. Should the City terminate the contract with the vendor for violation of §448.095, vendor may not be awarded a contract with the City for at least one year.* ☐ Please confirm

*Response required

3.1.15. The vendor acknowledges that its solicitation response is subject to Public

Records laws (Chapter 119, Florida Statutes).* ☐ Please confirm

*Response required

3.1.16. Will vendor allow other agencies to piggyback the contract if awarded?* ☐ Yes

☐ No

*Response required

3.1.17. The vendor hereby makes all certifications required by Florida Statute

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

3.1.18. Is vendor required to provide any disclosures to the City regarding a foreign country of concern pursuant to Florida Statutes §286.101 (3)(a)? *

☐ Yes

☐ No

*Response required

3.1.19. If YES, please provide the disclosure(s) in accordance with the requirements of

Florida Statute §286.101 (3)(a).

3.1.20. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation.* ☐ Yes

☐ No

*Response required

3.1.21. If exceptions are taken, specify in space below.

3.1.22. Has the vendor identified any trade secrets or confidential information in its solicitation response?* ☐ Yes

☐ No

*Response required

3.1.23. If yes to the above question, please upload your redacted proposal here.

3.2. Supplier Diversity Forms

3.2.1. Is Vendor required to provide any disclosures to the City regarding a foreign country of concern pursuant to Florida Statutes section 286.101 (3) (a)? * ☐ Yes

☐ No

3.2.2. Please attach your cost proposal

4. Scope of Work

4.1. Scope

Vendor shall provide all labor, supervision, materials, tools, equipment, and vehicles necessary to furnish and deliver Sodium Hypochlorite located at the City of St Petersburg Cosme Water Plant, on an as needed basis, FOB destination, and freight costs inclusive.

4.2. Term of Agreement

The initial term of agreement will be for three-years with one renewal not to exceed the initial Term by mutual agreement of the parties.

4.3. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

1. Have been in the business of providing Sodium Hypochlorite as described herein for a minimum of two years.

2. Provide evidence of financial stability and viability to fulfill the commitments of this agreement, if requested.

3. Have the ability to obtain the minimum insurance requirements set forth in this Agreement.

4. Own or have immediate access to the equipment required to provide services

4.4. Vendor Responsibilities

At a minimum, Vendor shall provide and meet the following responsibilities:

1. Vendor shall provide a single point of contact (Account Manager) to administer the

Agreement.

2. Vendor shall maintain Minimum Qualifications as stated in bid for the term of Agreement.

3. Vendor shall provide Certificate of Analysis with each shipment.

4. Shipment of Sodium Hypochlorite shall conform to all current regulations of the State of

Florida, the United States Department of Transportation, or other applicable regulatory agencies.

4.5. City’s Responsibilities

At a minimum, City shall provide and meet the following responsibilities:

1. City shall provide a single point of contact (City Project Manager) to administer the

Agreement.

2. City Project Manager shall assist with planning, strategy and objectives prior to performance of the Work.

3. City Project Manager shall promptly respond to issues and inquiries so as not to hinder the progress, completion, or compensation for the Work.

4.6. Account Management

Vendor shall provide an Account Manager, who will be readily available during normal business hours to administer the Agreement. Vendor is responsible for notifying the City with any changes in account manager or contact information. Account Manager’s responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting, and issue resolution.

4.7. Summary of Total Service Charges and Fees

Vendor shall furnish the Procurement and Supply Management Department, when requested, a detailed summary of purchases, charges and fees in electronic spreadsheet format. The summary shall include an itemized description of products and services delivered and dollar amount and quantity of each. Failure to provide this information within seven (7) business days following the request may result in Contractor being found in default.

4.8. Personnel

a. Vendor shall assign all key personnel identified in its bid and this Agreement to complete all of their responsibilities in connection with performance of its obligations.

b. Vendor delivery personnel must wear at a minimum chemical goggles and rubber gloves while handling valves and delivering the product.

4.9. Product Specifications

a. The Sodium Hypochlorite shall be delivered in Liquid form and shall have 120 grams per liter available chlorine (12.5 Trade Percent Available Chlorine) and shall conform with ANSI/ AWWA

Standard B300, Standard for Hypochlorites, latest edition.

b. The Sodium Hypochlorite delivered under this specification shall be clear straw- colored liquid with no visible cloudiness, impurities, or sediment.

c. Sodium Hypochlorite delivered under this specification shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the Sodium Hypochlorite.

d. Sodium Hypochlorite delivered under this specification shall have not more than 0.15% insoluble matter by weight.

e. Sodium Hypochlorite delivered under this specification shall have a minimum of 0.15% by weight sodium hydroxide and a maximum of 0.40% by weight present sodium hydroxide.

f. Sodium Hypochlorite delivered under this specification shall meet the following contaminant concentration limits:

Contaminant Concentration Limit, mg/L

Iron <0.3

Copper <0.03

Nickel <0.03

Chlorate <2000

Bromate <20

g. The suspended solids in the Sodium Hypochlorite delivered under this specification shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml when applying the Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method co-developed by Dr. Bernard Bubnis of NovaChem.

h. The Sodium Hypochlorite supplied under this specification shall not contain any impurities in sufficient quantities which causes or may cause a violation of any existing maximum contaminant level

(MCL) or any newly regulated MCL which may be passed into law during the life of this contract. Should an MCL violation be determined to be directly attributable to the Sodium Hypochlorite material supplied for use, the Contractor shall immediately take the necessary steps to remove or reduce the contaminant levels of its material to satisfactory levels.

i. The City reserves the right to add or delete specific impurity listings and maximum impurity levels to the existing listing, as is required to meet all USEPA, SDWA and FDEP water quality standards. The

Vendor shall comply with any and all such changes required to its Sodium Hypochlorite material, by whatever process changes required, at no additional cost

4.10. Delivery

a. Vendor shall make "normal" deliveries within 48 hours of receipt of order and must make

"emergency" deliveries within 24 hours of receipt of order. Emergency delivery is defined as a delivery which is necessary in order to prevent from running out of Sodium Hypochlorite in less than 24 hours.

b. The Vendor shall be responsible for pumping Sodium Hypochlorite into storage tanks at the delivery site and shall provide all necessary connectors and hoses, fittings, air-padding, pumps, etc. required to safely and efficiently "off-load" the Sodium Hypochlorite into the storage tanks.

c. Locations:

Cosme Plant

16015 RACE TRACK RD

ODESSA Florida 33556.

Tanks: Three (3) 5,250 gallon tanks with four (4) additional tanks 5,250 gallon tanks will be operational by 2025

Oberly Pump Station

6198 66th Ave N, Pinellas Park, FL 33781

Tanks: Two (2) 1,000 gallon tanks

Washington Terrace

2801 66th Avenue North

St. Petersburg, Florida 33702

Tanks: Two (2) 1,000 gallon tanks

Southwest Treatment Plant

3800 54th Ave S

St. Petersburg, FL 33711

Tanks: Three (3) 6,500 gallons tanks

Northwest Treatment Plant

7500 26th Ave N

St. Petersburg, FL 33710

Northeast Treatment Plant

1160 62nd Ave

St. Petersburg, FL 33702

d. 'The Contractor shall be responsible for any spills resulting from the failure of its or its sub-contractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur.

e. A Material Compliance Certificate of analysis is required for each lot shipped. The Certified analysis shall be signed by a Corporate Officer or authorized representative of the corporation and specify that the

Sodium Hypochlorite meets the specifications provided herein.

At a minimum, the Certificate shall contain the following:

• Date and time of manufacture

• Percent by weight of Sodium Hypochlorite

• Percent by weight of excess Sodium Hydroxide

• Specific Gravity referenced to a temperature.

• Suspended Solids test time.

4.11. NSF /ANSI 60 Certification Requirement

The vendor shall provide, with its Bid, proof that the Liquid Sodium Hypochlorite to be provided is approved for potable water treatment and meets the National Sanitation Foundation Standard NSF/ ANSI, Drinking Water Treatment Chemicals - Health Effects.

a. Acceptable proof of NSF/ ANSI 60 certification shall be a copy of the actual certification, in the

Bidder's name, or a printout of the certification, in the Bidder's name, from the certifier's website.

Certificates of Analysis are not acceptable proof of NSF/ ANSI 60 certifications.

b. The Bidder shall provide, with its Bid, the location of the primary distribution facility for the chemical supply so that the NSF/ ANSI 60 certification for the specific distribution facility can also be verified.

The vendor shall notify the City in writing, if for any reason during the contract, the primary distribution facility is not available At that time, the location of a secondary distribution facility and the applicable

NSF/ ANSI 60 certification for the facility must be supplied to the City prior to acceptance of the first delivery affected.

4.12. Sampling and Testing

a. All Sampling and Testing shall be in accordance with ANSI/AWWA B300, Standard for Sodium

Hypochlorite, latest edition.

b. All laboratory analyses shall be conducted by an NELAC, or state approved analytical laboratory.

c. The vendor's delivery trailer shall have a sample port to provide a sample for analysis prior to hooking up and unloading the trailer if requested.

4.13. Safety

a. Vendor shall be responsible for ensuring that Vendor’s staff follow all established safety regulations pertaining to the work to be performed per Occupational Safety and Health Administration (OSHA) and/or City standards.

b. Vendor shall provide, prior to beginning work, manufacturer’s labels and Material Safety Data Sheet

(MSDS) information for all chemicals to be used in the provision of services. Manufacturer’s labels must include:

• name and manufacturer of chemical;

• customary use;

• application process;

• possible hazards;

• special precautions;

• emergency treatment in the event chemical is used improperly.

c. In compliance with Florida Statute Chapter 422 Occupational Safety and Health Act, (MSDS) information submitted must include:

• chemical and common names of the substance;

• hazards or risks in the use;

• proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure/overexposure to the substance;

• emergency procedures for spills, fire, disposal and first aid;

• description, in lay terms, of the known specific potential health risks posed by the substance;

• the year and month (if available) the MSDS information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information.

4.14. Training

Vendor shall provide all job skills training and safety training required for its employees. Safety training shall instruct employees on the correct and safe use of the safety equipment required and of general safety procedures for the job and materials handling requirements.

4.15. Cooperation between Contractors

The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each vendor shall conduct its work so as not to interfere with or hinder the progress or completion of the work being performed by other vendors. Vendors working on the same project shall cooperate with each other as directed. Each vendor involved shall assume all liability, financial or otherwise, in connection with its contract. Vendor shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays or loss experienced by Vendor because of the presence and operations of other vendors working within the limits of the same project.

4.16. Addition and Deletion of Service Locations

1. City reserves the right to add or delete service locations at any time during the term of the

Agreement. Vendor shall visit new sites and provide a quote for service(s) within five business days of request by the City. Upon written approval from the City Project Manager, Vendor shall begin servicing new locations within 10 business days of the date of the written notice. Written notice shall be made via electronic Purchase Order from the Procurement and

Supply Management Department.

2. Vendor shall provide services at all requesting City locations, including but not limited to city facilities which are managed by third party firms. Upon request by the management firm, Vendor shall provide services, billed to the third-party management firm, at the same prices extended to the city under this Agreement.

5. Cost Proposal

Quantity listed is estimated annual usage and may vary. Price per gallon shall include delivery.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Sodium Hypochlorite 2,000,000 Gallon

(Delivered)

TOTAL

6. General Terms

6.1. Vendor Registration

Vendor must register online with the City of St. Petersburg via their online sourcing system at https://procurement.opengov.com/signup and subscribe to City's Portal at https://procurement.opengov.com/portal/stpete for solicitation notifications. Prior to an award of an

Agreement resulting from this solicitation, Vendor shall be registered with the Florida Department of

State, Division of Corporations to do business within the State of Florida in accordance with Florida

Statute 607.1501.

6.2. Solicitation Review

Vendors are required to carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material must be made in writing to the Procurement Analyst of record for this solicitation and received by the City at least 10 days before the solicitation submission deadline. This will allow issuance of any necessary addendum. A protest based on omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the City, in writing, at least 10 days before the time set for submission deadline.

6.3. Solicitation Response Preparation

Vendors are expected to examine this solicitation and all related documents. Failure to do so is at the

Vendor’s risk. Each vendor shall furnish the information required by this solicitation. Vendor(s) shall retain a copy of all documents for future reference. All solicitation responses must be submitted with the

Vendor’s legal name and by an officer or employee having the authority to bind the Vendor by his or her signature.

The City will not pay any costs associated with the preparation, submittal, presentation, or evaluation of any solicitation response.

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 3:00 pm on Tuesday, June 25, 2024. Questions will be answered via City's online sourcing system no later than 3:00 pm on Thursday, June 27, 2024. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/98854 for download by Vendors.

6.5. Amendments

Any amendments issued for this solicitation will be posted as an addendum on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/98854 and notifications will be released to vendors who are following the project by clicking "Follow". Vendors must submit their responses to the most current version of the solicitation as amended, if applicable.

6.6. Submission of Solicitation Responses

Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete https://procurement.opengov.com/portal/stpete/projects/98854

Procurement and Supply Management Director. Late proposals and modifications will not be considered;

however, solicitation responses may be modified online at any time prior to the submission deadline.

Failure to follow the instructions in this solicitation is cause for rejection of the submittal.

6.7. Mistakes in the Solicitation

Solicitation responses may be modified or withdrawn in the online application portal prior to the time and date set for the solicitation opening. Correction or withdrawal of solicitation responses after the solicitation opening because of an inadvertent non-judgmental mistake in the solicitation requires careful consideration to protect the integrity of the competitive solicitation process and to assure fairness. If the mistake is attributable to an error in judgment, the solicitation response may not be corrected. Solicitation response corrections or withdrawals by reason of non-judgmental mistakes are permissible but only to the extent they are not contrary to the interest of the City or the fair treatment of other vendors.

6.8. Information Designated a Trade Secret and/or Confidential and/or Proprietary

All solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation) submitted to the City are subject to Florida’s public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. DO NOT LIST YOUR ENTIRE SOLICITATION RESPONSE AS TRADE

SECRET AND/OR CONFIDENTIAL. The City will not consider solicitation responses if the entire response is labeled a Trade Secret and/or Confidential and/or Proprietary.

If Vendor believes that its solicitation response contains information that is a trade secret (as defined by

Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure, then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, Vendor must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request.

The City does not warrant or guarantee that information designated by Vendor as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by

Vendor is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Vendor agrees to defend and indemnify the City, its employees, agents, and elected and appointed officials (“Indemnified Parties”) against any and all claims, demands, and actions (whether or not a lawsuit is commenced) arising out of or in connection with Vendor's designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorney's fees (including those of the City Attorney’s office) incurred by the City by reason of any claim, demand, or action arising out of or related to the Vendor's designation of information as a trade secret and/or confidential and/or proprietary.

Failure to comply with the requirements above shall be deemed as a waiver by Vendor to claim that any information in its solicitation response is a trade secret and/or confidential and/or proprietary, regardless of whether such information is labeled trade secret and/or confidential and/or proprietary. Vendor acknowledges, understands, and agrees that all information in Vendor's solicitation response (not including information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section) will be disclosed, without any notice to Vendor, if a public records request is made for such information, and the City shall not be liable to Vendor for such disclosure.

Vendor acknowledges and understands that Vendor's proposal, including the information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section, will be distributed to the evaluation committee members, City staff, and City consultants to allow Vendor's entire solicitation response, including the information submitted in a separate electronic file, to be evaluated and considered for award of the Agreement. The entire contents of the Vendor's solicitation response, including the information submitted in a separate electronic file, may be discussed at meetings that are open to the public, subject to the requirements set forth in

Chapter 286, Florida Statutes.

6.9. Bonds

Vendors will need to furnish a bid bond as indicated in the solicitation, if applicable.

6.10. Cash Discounts

When the City is entitled to a cash discount, the period of computations will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the Agreement, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies.

6.11. Award

The solicitation will be awarded based on the requirements outlined in the scope, the criteria or factors identified in the solicitation, and the standard for award for the solicitation. The City reserves the right to accept or reject any or all parts of the solicitation response, waive informalities, and request re-solicitations on the services or products outlined in the scope. The City reserves the right to award the

Agreement on a split-order, lump-sum, or individual item basis, or such combination as shall best serve the interest of the City unless otherwise specified.

Pursuant to Florida Statute sec. 287.05701, the City will not request documentation of a Vendor’s social, political, or ideological interests, consider such interests, or give preference to a vendor based on such interests.

6.12. Acceptance Period

Unless otherwise specified in this solicitation, the solicitation response may be held by the City for a period of ninety (90) days after the submission deadline and will continue in full effect and not be subject to withdrawal during that period until an Agreement has been executed with a Vendor. If no Agreement has been executed within the ninety-day period, any solicitation response may be withdrawn or nullified by either the City or the Vendor, or be deemed to be confirmed and extended in time for as long as permitted by the Vendor submitting each solicitation response.

6.13. Right to Reject

Vendors must comply with all the terms of the solicitation, all applicable provisions of the City of St.

Petersburg City Code, and all applicable federal and state laws. The City may reject any solicitation response that does not comply with all material and substantive terms, conditions, and performance requirements of the solicitation.

The City may waive minor informalities that (i) do not affect responsiveness; (ii) are merely matter of form or format; (iii) do not change the relative standing or otherwise prejudice other vendors; (iv) do not change the meaning or scope of the solicitation; (v) are trivial, negligible or immaterial in nature; (v) do not effect a material change in the work; or (vi) do not constitute a substantial exclusion or modification of a requirement or provision in the solicitation.

6.14. Vendor Complaints

All complaints or grievances should be first submitted in writing to the Procurement & Supply

Management Director, by email at Stephanie.Swinson@stpete.org or by mail to P. O. Box 2842, St.

Petersburg, FL 33731 who will promptly investigate the validity of the complaint and present the findings in writing to the person who submitted the complaint.

6.15. Protest

(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven (7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.

(b) The POD will consider the protest if it is timely filed and contains the following:

(1) Sufficient information to identify the solicitation or award that is the subject of the protest;

(2) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive or legally flawed;

(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(4) The relief sought.

(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.

(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City

Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the

Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.

6.16. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not (i) submit a solicitation response on an Agreement to provide any goods or services to a public entity, (ii) submit a solicitation response on an Agreement with a public entity for the construction or repair of a public building or public work, (iii) submit a solicitation response for leases of real property to a public entity, (iv) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with any public entity, or (v) transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

mailto:stephanie.swinson@stpete.org

6.17. Nondiscrimination

Vendors for the City of St. Petersburg are required to comply with all applicable laws regarding discrimination in employment, including Pinellas County Code Section 70-53 (a)(1) (prohibiting discrimination in employment based on race, color, religion, national origin, gender, sexual orientation, age, marital status, or disability) and all other applicable federal, state and local laws. Vendors are encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits.

6.18. Prohibited Communication

Vendors and their employees, agents, contractors, and representatives are prohibited from lobbying City

Council, the Mayor, City staff, selection committee members, and City project consultants relative to this solicitation until the solicitation selection and award processes have been completed. Non-compliance with this provision may result in disqualification from consideration of the award. Notwithstanding the foregoing, this provision shall not prohibit the Vendor from (i) providing public comment in accordance with applicable laws and City policies at public meetings where public comment is permitted, (ii) communicating with the assigned Procurement Analyst, (iii) making a presentation during a selection committee meeting if requested by the selection committee, or (iv) submitting a dispute or complaint in accordance with the requirements set forth in this solicitation.

6.19. Environmentally Preferable Purchasing

It is the policy of the City of St. Petersburg to purchase recycled and environmentally preferable goods.

Environmentally preferable goods are defined as “products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” This includes products that contain recycled content, reduced toxicity and pollution, conserve energy, conserve water, prevent waste, and promote sustainability and resiliency initiatives.

This policy does not require the City to specify environmentally preferable products or services when it can be demonstrated that they are not in the best interest of the City compared to products and services that are not as environmentally preferable. Best interests include but are not limited to, service life, life cycle cost, product effectiveness, or compatibility. This policy will be carried out consistent with the

City’s obligations and purpose, and with an overall intent to obtain competitive prices and to provide value to the taxpayer.

6.20. Health In All Policies

Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City’s decision-making, including policy development and implementation, budgeting, and the delivery of services and procurement of supplies and construction. Vendors are encouraged to propose services, supplies, and construction that promote health to the greatest extent practicable in their responses to City solicitations. Vendors are further encouraged to provide workplaces that promote the health and well-being of their employees.

6.21. American with Disabilities Act (ADA) Public Notice

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of St. Petersburg will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. If Vendor requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to adequately respond to this solicitation. Vendor should contact ADA Coordinator Lendel Bright at (727)-893-7229 or email at lendel.bright@stpete.org as soon as possible but no later than 72 hours before the applicable deadline.

6.22. Background Checks

In the event the solicitation or Agreement requires criminal history checks, Vendor will be responsible for conducting a criminal history check for each employee or subcontractor for which a criminal history check is required.

6.23. Disqualification

The City reserves the right to disqualify Vendors before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Vendors.

6.24. Taxes

The City of St. Petersburg is exempt from any taxes imposed by the State and/or Federal Government.

Exemption certificates will be provided upon request.

6.25. Compliance with State and/or Federal Requirements

All Vendors entering into a contract with the City with permit(s) issued by a state or federal agency, shall comply with the requirements set forth in the permit(s).

6.26. E-Verify

Vendor shall comply with Florida Statute §448.095 pertaining to required use of the U.S. Department of

Homeland Security's E-Verify system, and that should the City terminate§ the contract with the Vendor for violation of §448.09(1), Vendor may not be awarded a contract with the City fort at least one year.

7. Insurance

7.1. Commercial General Liability

Commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate in occurrences form. This policy must include coverage for bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability under this Agreement.

7.2. Commercial Automobile Liability

Commercial automobile liability insurance of $1,000,000 combined single limit covering all owned, hired and non-owned vehicles.

7.3. Worker's Compensation

Workers’ Compensation insurance as required by Florida law and Employers’ Liability Insurance in an amount of at least $100,000 each accident, $100,000 per employee, and $500,000 for all diseases.

7.4. Pollution Liability

Pollution Liability insurance with a minimum limit of $1,000,000 per occurrence. Coverage shall apply to pollution losses arising from all services performed to comply with this Agreement. Coverage shall apply to sudden and gradual pollution conditions including discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water.

Coverage shall also include the cost of cleanup and remediation.