Consulting,_State_Governmental_Relations_Services_(Addendum_#1_Revision).pdf

RFP- 25 - 176

CONSULTING, STATE GOVERNMENTAL RELATIONS

SERVICES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: April 8, 2025

DEADLINE FOR QUESTIONS: April 24, 2025

RESPONSE DEADLINE: May 8, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Consulting, State Governmental Relations Services

I. Introduction

II. Solicitation Information

III. Evaluation Criteria

IV. Vendor Questionnaire

V. Scope of Work

VI. Cost Proposal

VII. General Terms

VIII. Insurance

Attachments:

A - Agreement

B - Submittal Requirments

C - State Governmental Relations Services - Scope of Work

#RFP- 25 - 176

Title: Consulting, State Governmental Relations Services

1. Introduction

1.1. Summary

The City of St. Petersburg is requesting proposals from qualified vendors to provide all personnel, supervision, materials, facilities, and travel necessary to represent the City before the Florida Legislature, its committees, and Florida Executive agencies.

1.2. Background

The goal of such representation will be to secure legislation and funding for programs, preserve funding for programs and projects that have been identified by the City, assist the City in developing a comprehensive strategy to identify, apply and secure State grants and promote proposals, and other business before Florida’s state agencies. Identifying and advocating for funding associated with competitive grant programs, including but not limited to the Resilient Florida Grant Program and Water

Quality Improvement Grant Program, is highly sought after.

It is the City’s belief that the services required are adequately described herein. Therefore, the Agreement, which may result from this RFP, must include the entire effort required of the Offeror to provide the services described herein. Specifically, no additional fees shall be allowed for any additional services

1.3. Contact Information

Tanner Green Procurement Analyst One 4th street N St. Petersburg, FL 33731 Email: tanner.green@stpete.org Phone: (727) 551-3552

Department:

Government Affairs

1.4. Timeline

*Timeline is subject to change

Solicitation Published April 8, 2025

Pre-Proposal Meeting (Non-Mandatory) April 15, 2025, 11:00am

CR600

Deadline for Questions April 24, 2025, 3:00pm

Deadline for Question Response April 29, 2025, 3:00pm mailto:tanner.green@stpete.org tel:(727)551-3552

Deadline for Submittals May 8, 2025, 3:00pm

Evaluation/Shortlisting May 19, 2025, 10:00am

CR800

Anticipated Recommendation of Award to

City Council

July 10, 2025

2. Solicitation Information

2.1. Submission or Receipt of Proposal

Proposals will be received through the City’s online bidding system no later than 3:00 pm on Thursday, May 8, 2025.

2.2. Standard for Award

The City will award to one or more vendors whose proposal (or proposals, if multiple vendors are awarded) is determined in writing to be the most advantageous to the City, taking into consideration the price and the evaluation criteria set forth in this solicitation. All awards are contingent on the Vendor meeting the minimum qualifications outlined in this solicitation.

The City reserves the right, at any time, to evaluate more vendors for inclusion on the list of approved vendors. All Vendors must meet the minimum qualifications outlined in this solicitation.

2.3. Selection Process

A. Short-Listing. Where there are multiple responsive proposals to the solicitation, a short-listing of two or more Vendors may be made. Negotiations as outlined in City Code Section 2-193 (g) will begin with the selected Vendors on the short-list. If there is only one responsive proposal, negotiations may proceed with a single Vendor.

B. Negotiations. The City may conduct discussions (negotiations) with short-listed Vendors to clarify and understand proposals and to provide responses to post-proposal opening and modifications to the solicitation specifications that are in the best interest of the City and that do not significantly change the scope or purpose of the project for which the solicitation was issued

(“negotiation subjects”). During the negotiation process, short-listed Vendors will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals related to negotiation subjects for the purpose of preparing their best and final offer which may be requested and received by the City prior to the conclusion of the negotiation process. If modifications are made as a result of these discussions, they will be put in writing. Following discussions, the City may set a time and date for the best and final offers from those Offerors with whom discussions were held. Proposals may be reevaluated after receipt of the best and final offers.

C. Award without Discussion. The City may award the Agreement on the basis of initial proposals received, without discussions. Therefore, each initial proposal should contain the Vendor’s best terms in relation to all relevant evaluation criteria.

2.4. Submittal Requirements

The following documents are required to be considered responsive:

• Please see Attachment B: Submittal Requirements https://procurement.opengov.com/portal/stpete/projects/160378

3. Evaluation Criteria

Proposals will be evaluated based solely on the following evaluation criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Capacity to Accomplish the Work/ Staffing Points Based 23 (23% of Total)

2. Experience of Firm and References Points Based 20 (20% of Total)

3. Project Approach/ Proposal Points Based 32 (32% of Total)

4. Detailed Cost Proposal Points Based 16 (16% of Total)

5. Is the Vendor a City of St. Petersburg certified SBE?

Pass / Fail 3

(3% of Total)

6. Is the Vendor a City of St. Petersburg certified MBE?

Pass / Fail 3

(3% of Total)

7. Is the Vendor a City of St. Petersburg certified WBE?

Pass / Fail 3

(3% of Total)

4. Vendor Questionnaire

4.1. General Information

4.1.1. 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

4.1.2. Is the Vendor a City of St. Petersburg certified SBE? * If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ Yes

☐ No

*Response required

4.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ Yes

☐ No

*Response required

4.1.4. Address for Headquarters location.*

*Response required

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

4.1.6. 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

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

*Response required

4.1.8. Year the Company was Founded.*

*Response required

4.1.9. Number of years company has operated under the current name.* mailto:osd@spete.org mailto:osd@spete.org

*Response required

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

4.1.11. Company’s bank of record.*

*Response required

4.1.12. 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

4.1.13. 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

4.1.14. 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

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

4.1.18. 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

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

Florida Statute §286.101 (3)(a).

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

☐ No

*Response required

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

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

☐ No

*Response required

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

4.1.24. Please upload your proposal

4.1.25. I currently have the required insurance coverage as specified in the solicitation and will be able to provide a Certificate of Insurance if awarded. * ☐ Please confirm

5. Scope of Work

5.1. Intent

The City of St. Petersburg (“City”) invites qualified firms to submit proposals for consulting services to represent the city before the Florida Legislature, its committees, and Florida Executive agencies.

5.2. Contract Term

The term of the Agreement will be for two years from the date of the executed agreement, with two (2) one-year renewal options by mutual agreement of both parties.

5.3. Minimum Qualifications

At a minimum, Offeror shall meet the following qualifications:

A. Have been in the business of providing state legislative and executive lobbying consulting services, including securing funding and influence the enactment of beneficial legislation on behalf of its clients for large urban cities for a minimum of three years.

B. Be licensed to do business in the State of Florida.

C. Be a registered lobbyist with the State of Florida or local agencies, as required by law.

D. Be free from legal and regulatory matters that might prevent Offeror from providing the services pursuant to this RFP.

E. Provide all services without the use of subcontractors unless permission is granted by the City.

F. Have the ability to meet insurance requirements.

G. Have the ability to submit all reports to the City in Microsoft® Office Word, Excel or PDF format.

5.4. Vendor Responsibilities

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

A. Prior to the Annual Session of the Florida Legislature, work with Mayor’s Office to develop, advise and strategize on a comprehensive legislative agenda.

B. During the Annual Session of the Florida Legislature, lobby on behalf of the City’s interest.

C. Represent the City’s interest in Tallahassee, Florida and serve as the liaison to state elected and government officials.

D. Attend meetings (including, but not limited to, legislative committee meetings and sessions) where legislative issues of importance to the city are being discussed.

E. Develop and maintain professional relationships with elected and/or appointed State of Florida government officials at all levels, including their staff.

F. Provide weekly updates during the Annual Session of the Florida Legislature.

G. Prepare a final written report of the Annual Session of the Florida Legislature that includes, but is not limited to, a brief overview of local funding issues, major legislative bills passed of state-wide interest and local bills that are also of interest to the City (See Appendix A).

H. Work with the City to secure sponsors for proposed bills or amendments.

I. Serve as a resource for the City Council’s Legislative Intergovernmental Relations (LAIR)

Committee in cooperation with the Director of Government Affairs, and the City’s Legal

Department.

J. Attend and participate in a LAIR Committee meetings through out the year to provide updates and feedback on issues of importance to the City.

K. Offer shall provide a dedicated representative to serve as a primary point of contact who is readily available to administer the agreement on a day-to-day basis.

1. Offeror is responsible for notifying the City of any change in contact information for the dedicated representative. The dedicated representative’s responsibilities shall include, but are not limited to, overseeing all aspects of servicing and issue resolution.

L. See Attachment C for a detailed scope of work.

Document Retention

A. Upon the City's request, Offeror shall retain all working papers and reports at the Offeror’s expense, for a minimum of five years. Upon written notice by the City, Offeror shall extend the retention period as directed by the City.

B. Offeror shall make its working papers available upon request to the following parties or their designees:

1. The City

2. Successor consultants retained by the City

3. State of Florida – as directed by the City

C. Offer shall respond to all reasonable inquiries of successor consultants and allow successor consultants to review and make copies of working papers relating to matters of continuing significance.

5.5. City's Responsibilties

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

1. City shall provide a 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.

5.6. State Governmental Relations Services – Scope of Work

Legislative Session Scope

A. Prior to Legislative Session, Lobbyist will meet with the Mayor’s Office to assist, advise, and strategize in the preparation of the annual legislative agenda by identifying key issues of concern and priority and develop a specific and proactive strategy for that particular legislative session.

B. Lobbyist, in conjunction with the Mayor’s office, will assist in development and implementation of a strategy for the support, opposition, or amendment of potential and pending legislation that may impact City of St. Petersburg Government.

C. Prior to the Legislative Session, Lobbyist will provide relevant information to the Mayor’s Office and City Council to inform them of the priorities of Leadership in the House and Senate and the

Governor's office to address areas of concern or support and develop an effective advocacy strategy on behalf of the City.

D. Once the session has commenced, Lobbyist will provide regular updates and track all legislation that has been identified as relevant to the City.

E. Lobbyist will work with the Mayor’s Office to review all filed, active, and pending legislation and amendments and provide analysis and additional information as needed.

F. Lobbyist, in conjunction with the Mayor’s Office, will assist in development and implementation of a strategy for the support, opposition, or amendment of potential and pending legislation that may impact the City.

G. As needed, Lobbyist will work with the Mayor’s Office to draft legislation and assist in moving that legislation through the process by finding a sponsor and co-sponsor in both chambers, scheduling committee hearings, testifying before committees as necessary and educating legislators on issues of importance to the City.

H. Lobbyist will assist the Mayor’s Office in completing annual priority budget appropriation requests and secure sponsors in both chambers to file such requests.

I. Lobbyist will work with the Mayor’s Office to develop, advise and advocate for specific legislative appropriations.

J. Lobbyist will notify the City of relevant activities of the Revenue Estimating Conference and how it may affect the state budget and the City priorities.

K. Lobbyist will attend all relevant legislative appropriations committee meetings and subcommittees.

L. Lobbyist will work with the Governor's Office of Policy and Budget to advocate on behalf of the

City’s appropriation requests in an effort to gain support and develop strategies to avoid veto.

Overall Advocacy Strategy Scope

A. Lobbyist will work with the Mayor’s strategic initiatives and develop an advocacy plan that creates momentum and fits within trends at the state level to ensure the best chance of legislative support and success for City priorities.

B. Lobbyist will advocate before the Legislature, Governor, and other State agencies as necessary on behalf of the City during the annual Regular Legislative Session, Special Session(s), Interim

Committee meetings, and with the City and other city, County, and Tampa Bay Legislative

Delegation meetings as needed.

C. Lobbyist will work with the Mayor’s Office to identify additional relevant state, federal and local funding opportunities, and aggressively advocate for such funding.

D. Lobbyist will work in collaboration with the City’s Federal Lobbyist to identify and pursue grant opportunities that involve Federal monies.

E. Lobbyist will work with all relevant state agencies on the City’s behalf and when grant applications are under consideration by such agencies, take the appropriate steps necessary to obtain favorable consideration of such applications.

F. Lobbyist will identify additional funding opportunities within State Agencies and advocate on behalf of the City for such.

G. Lobbyist will act as the liaison with the City’s legislative delegation and assist with the delegation in any matter.

H. Lobbyist will coordinate efforts with partners, stakeholders, and associations throughout the year when their priories align with the City’s.

I. Lobbyist will facilitate meetings and discussions with the St. Petersburg, Pinellas County, and

Tampa Bay Legislative Delegation, House and Senate Members, Legislative staff, the Governor and Cabinet, Executive Staff and State Agencies as necessary throughout the year.

J. Lobbyist will work closely with the Florida League of Cities and the St. Petersburg, Pinellas

County, and Tampa Bay Legislative Delegations, as well as the House and Senate Leadership to educate, inform and influence them on issues of significance to the City throughout the year.

K. Lobbyist will monitor agency rulemaking and advise of any relevant proceedings or changes.

L. Lobbyist will collaborate on efforts throughout the year with relevant partners and associations, including but not limited to the Pinellas County School Board, Pinellas County Government and municipalities, the City of Tampa, and the University of South Florida, when their priorities align with the City’s priorities

M. Lobbyist will attend semi-monthly grant strategy meetings to provide feedback and strategic support.

Informative / Education Scope

A. Lobbyist will attend in person, or virtually, all relevant local meetings related to the City’s state policy and funding concerns.

B. Lobbyist will provide additional services such as electronically forwarding, on a daily basis if necessary, relevant newspaper articles, analyses, and important governmental announcements.

C. Lobbyist will take an active role in the education of the Mayor’s Office and provide regular and consistent input and feedback on State Legislative affairs and issues of statewide importance to better inform City staff.

D. Lobbyist, in collaboration with the Mayor’s Office, will prepare the following forms of research and information

1. Analysis of budget requests and forecasts for policies and programs of importance to the

City;

2. Reports of, and testimonies from, relevant committee hearing and markups;

3. Memos on pertinent State initiatives or topics;

4. State agency and departmental regulations, guidelines, directives, and other instruments of administrative policy;

5. Grants and other funding opportunities for proposed City projects;

6. Technical reports and memoranda affecting City operations and fiscal conditions;

7. Copies of proposed legislation and associated reports;

8. "White Papers” and materials geared toward elected officials and their staffs that justify the

City’s objectives in simple and straightforward language, providing the State Legislature and

Governor’s office with the information they need to be successful on the City’s behalf;

9. Any necessary forms for appropriations or authorizations requests.

E. Lobbyist will attend City Council meetings and other meetings as requested by the Mayor to report on activities.

1. Lobbyist will maintain a visible presence in the City and will be available to present an annual legislative overview report, at the beginning of each fiscal year as well as forward-looking State Affairs reports, to the Mayor’s Office and City Council.

2. Lobbyist will meet with the Mayor’s Office and relevant staff at workshops, committee meetings, and staff meetings as requested.

6. Cost Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Lobbying Services 1 Month

TOTAL

7. General Terms

7.1. 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.

7.2. 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.

7.3. 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.

7.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 3:00 pm on Thursday, April 24, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Tuesday, April 29, 2025. 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/160378 for download by Vendors.

7.5. 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/160378 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.

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

7.6. 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

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.

7.7. 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.

7.8. 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.

7.9. Bonds

Vendors will need to furnish all bonds as indicated in the solicitation, if applicable.

7.10. 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.

7.11. 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.

7.12. 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.

7.13. 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.

7.14. Vendor Complaints

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

Management Director, by email at Stephanie.Scarbrough@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.

7.15. 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.

7.16. 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 mailto:stephanie.swinson@stpete.org 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.

7.17. 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.

7.18. 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.

7.19. 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.

7.20. 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.

7.21. 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.

7.22. 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.

7.23. 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.

7.24. 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.

7.25. 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).

7.26. 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.

7.27. Exceptions to Terms and Conditions

If the Vendor takes exceptions to the terms and conditions of the solicitation and refuses to withdraw such exceptions, the City may deem the Vendor nonresponsive if the City determines that negotiating with the

Vendor to address such exceptions may affect the fair treatment of other vendors.

8. Insurance

8.1. 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.

8.2. 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.

8.3. E&O/Professional Liability

Errors & Omissions/Professional Liability insurance appropriate to Contractor’s profession with a minimum limit of $1,000,000 per occurrence. If coverage is on a “Claims Made” basis, it must include a retroactive date of coverage beginning no later than the date this agreement is executed.