Financial_Services,_Debt_Collections_(Addendum_#1_Revision).pdf

RFP- 25 - 048

FINANCIAL SERVICES, DEBT COLLECTIONS

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: January 24, 2025

DEADLINE FOR QUESTIONS: February 18, 2025

RESPONSE DEADLINE: February 27, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Financial Services, Debt Collections

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 - Proposal Submittal Requirements

B - Base Agreement

C - Spend Data

D - FY 2024 Collection Agency Data

#RFP- 25 - 048

Title: Financial Services, Debt Collections

1. Introduction

1.1. Summary

The City of St Petersburg ("City") is seeking proposals from qualified firms to provide debt collection services for accounts that are 60+ days past due.

1.2. Contact Information

Victoria Amerson Procurement Analyst Email: victoria.amerson@stpete.org Phone: (727) 551-3387

Department:

Billing & Collections

1.3. Timeline

*Timeline is subject to change

Solicitation Published January 24, 2025

Deadline for Questions February 18, 2025, 3:00pm

Deadline for Question Response February 20, 2025, 3:00pm

Deadline for Submittals February 27, 2025, 3:00pm

Evaluation/Shortlisting March 10, 2025, 1:00pm

MSC Building

One 4th St N, St. Petersburg, FL 33701

Conference Room 800 mailto:victoria.amerson@stpete.org tel:(727)551-3387

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, February 27, 2025.

2.2. Standard for Award

The City will award to one vendor whose proposal 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

Please see attachment: Proposal Submittal Requirements https://procurement.opengov.com/portal/stpete/projects/135605

3. Evaluation Criteria

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of Firm

Please note any strengths, weaknesses, and deficiencies.

Points Based 10 (10% of Total)

2. Firms Qualifications & Technical

Competencies

Please note any strengths, weaknesses, and deficiencies.

Points Based 20 (20% of Total)

3. Capacity to accomplish the work

Please note any strengths, weaknesses, and deficiencies.

Points Based 20 (20% of Total)

4. Past performance on similar contracts

Please note any strengths, weaknesses, and deficiencies.

Points Based 30 (30% of Total)

5. Contingency Rate

Please note any strengths, weaknesses, and deficiencies.

Points Based 14 (14% of Total)

6. Vendor is City of St. Petersburg SBE Pass / Fail 2 (2% of Total)

7. Vendor is City of St. Petersburg MBE Pass / Fail 2 (2% of Total)

8. Vendor is City of St. Petersburg WBE Pass / Fail 2 (2% 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? * ☐ Yes

☐ No

*Response required

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

*Response required

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 cost proposal

4.1.25. Technical Proposal

5. Scope of Work

5.1. Intent

The City of St Petersburg ("City") is seeking proposals from qualified firms to provide debt collection services for accounts that are 60+ days past due.

5.2. Contract Term

The term of the Agreement will be for a period of three (3) years from the date of award, with one (1), two (2) year renewal option by mutual written agreement of the parties.

5.3. Estimated Annual Expenditure

It is estimated that approximately $120,000 may be purchased annually under this solicitation. This is an estimate only and may vary.

5.4. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications. Vendors failing to meet these requirements shall be considered non-responsive and removed from the evaluation process.

A. Have been in business providing debt collection services for a minimum of five (5) years.

B. Maintain the minimum insurances as specified in the solicitation for the Agreement.

C. Have the facilities, capabilities, equipment and staff to satisfactorily support services for the Term of the Agreement.

D. Have the ability to 100% self-preform all work, without the use of subcontractors.

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

F. Be registered with the State of Florida for the provision of collections services and provide documentation.

G. Operate its business in compliance with Fair Debt Collection Practices Act (FDCPA) and have no violations of said Act on record with the State.

5.5. Vendor Responsibilities

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

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

The Account Manager will be readily available during the normal business hours contained herein to administer the Agreement. Vendor shall be responsible for notifying the City of any employment changes in the Account Manager or their contact information. The Account

Manager’s responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting, and issue resolution;

B. Vendor shall undertake, through ethical and lawful means, collection of the Accounts referred, in full compliance with the federal Fair Debt Collection Practices Act ("FDCPA"), as well as all other applicable laws;

C. Vendor shall provide timely disbursement of collection service debt recovery payments to the

City each month of the Term, or extension then in effect, no later than the fifteenth (15th) day of each month. Disbursement shall be in the form of separate checks for each Classification, representing the total of all payments made directly to the Vendor for each Account on which collection activity occurred. Under no circumstances shall Vendor subtract any amounts, including, but not limited to, contingency fees, past due balances from a previous invoice, or balances due from another Account or Classification;

D. One (1) time per month, Vendor shall submit separate invoices by Classification to City for payment of then current contingency fees covering amounts collected by Vendor and/or direct payments received by the City. The City will pay only the current amount due, past due balances should not be included on the current invoice. Under no circumstances shall Vendor subtract such balance due from another Account or Classification;

E. Vendor shall suspend debt collection services on any City account referred for collection, upon written notice to do so by the City. City shall have the sole discretion, at any time, to request cancellation and return of any referred Account, all at no cost to the City, except any commissions that may have been earned;

F. Vendor may designate Accounts for return to the City which, after making every reasonable effort to collect, it deems uncollectible or that has exceeded the statute of limitation. Vendor shall provide written notice of such designated Accounts to City;

G. Vendor may refer Accounts for further legal action, however, the referral must be approved in writing by the City prior to taking such action. Upon receiving a request to pursue further legal action by Vendor, the City may, at its option, elect to process the file through City legal means in lieu of utilizing Vendor's means of further legal action;

H. Vendor shall transmit, no less than one (1) time per month, all referred Accounts with a balance greater than fifty dollars ($50.00) to no less than all three major credit reporting agencies

(Experian, TransUnion, Equifax), provided that any time period the consumer has a right by law to dispute the referred debt has expired, and that any other mandated waiting period(s) have expired. Consumers’ payments and any other actions affecting previously transmitted Account balances shall be reported to the credit reporting agencies in a similar manner;

I. Vendor shall utilize an account tracking system with the capability to accept interest-bearing account balances, as well as to accrue interest on the Accounts at statutorily established rates, if applicable;

J. Vendor shall transmit to City no less than one (1) time per month a Remittance Statement in

Excel format, separated by Classification, listing all accounts that have made payments since the last report, by last name and City issued identification number;

K. Vendor shall transmit to City no less than one (1) time per month, an Excel report separated by

Classification, reflecting payment receipts and other action on accounts by month of placement;

L. Vendor shall accept all Accounts the City refers for collections. Should Vendor take exception to receiving any specific Account, Vendor shall provide a written request to the City detailing its reasons to be exempted from accepting the Account. The City, at its sole discretion, will make the determination whether granting an exception is in the best interest of the City;

M. Vendor shall provide City an electronic means, other than electronic mail, such as a secure internet or ftp site, for City to transmit sensitive account information to Vendor.

N. The classification of Accounts ("Classification") shall include, but is not limited, to the following:

1. City Invoices: Accounts to be transmitted to Offeror one (1) time per month via a City generated Microsoft Excel Spreadsheet ("Excel") file containing pertinent information.

2. City Utility Accounts: Accounts to be transmitted one (1) time per month for voluntary or other terminations that qualify.

3. Cost or Other Type Judgments: Accounts to be transmitted to Offeror on an intermittent schedule as received from the initiating City department. Transmission may be in the form of a copy of the actual judgment along with a system print of data relevant to the claimant(s).

4. Parking Tickets: Transmitted to Offeror one (1) time per month for all qualifying tickets via a City generated Excel file containing pertinent information.

5. Returned Checks: Transmitted to Offeror one (1) time per month, for qualifying checks returned to the City, via a City generated Excel file containing pertinent information, accompanied by redacted copies of the original checks

6. Civil Citations: Transmitted to Offeror one (1) time per month, to include all qualifying civil citations, via a City generated Excel file containing pertinent information.

5.6. Vendor Records and Reports Requirements

A. Records

1. Vendor shall maintain records of the services performed and revenues collected and remitted to the City for a minimum of five years after termination of this Agreement, for audit by the

City. All such records shall be available for inspection and audit, without prior notice, by the

Internal Audit Department of the City. Such files shall contain records of collection efforts made by Vendor and other pertinent information as required by Law and this Agreement.

B. Reports

1. Reporting Types: Vendor shall provide, to designated City staff, reports that include, but are not limited to, the following ("Reports"):

a. Account Confirmation & Acknowledgment Reports: Within one (1) business day of receipt of Accounts from the City, Vendor shall provide written acknowledgment

("Acknowledgement") upon the Accounts having been loaded into Vendor's account tracking system. Such Acknowledgement shall list Accounts individually for each client identification number to include name, debt amount, date submitted, and the City identification number, if applicable, assigned to that Account.

b. Cancellation and Return Report: One (1) time per month, in Excel format, a report confirming all Accounts for which cancellation and return has been requested by the City.

Report should be issued by client identification number or as a summary of all Accounts affected during the reporting period. Vendor shall provide a summary list identifying each canceled Account by client identification number.

c. Uncollectible Accounts Report: At least one (1) time per month, in Excel format, Vendor shall provide a report of Accounts by client identification number that Vendor has determined to be uncollectible due to the death of an Account holder, bankruptcy, expiration of statute of limitation, or other reasons allowable by law. Such report shall also include an indication or documentation of Vendor's efforts to collect on the Account.

2. Reporting Format and Interval: City shall have the right to determine and adjust the format and interval in which Vendor shall submit the Reports to City required under the Agreement.

5.7. City's Responsibilities

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

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

Agreement.

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

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

D. City will provide Vendor notice of any Account direct payments and will pay Vendor the contingency rate for all such direct payments collected by City after Vendor begins active collection efforts. Notwithstanding the foregoing, as a result of highly automated utility payment processing, direct payments may be credited without notification to Vendor. The City will, upon request, verify payments on specific Accounts and credit Vendor in the manner set forth above.

6. Cost Proposal

SERVICES PRICING

Line Item Description Unit of Measure Percentage

1 Contingency Rate: Collection recovery for all accounts including "skip" accounts.

2 Contingency Rate: Collection recovery for accounts requiring legal action by Vendor.

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 Tuesday, February 18, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Thursday, February 20, 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/135605 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/135605 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.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.

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. Commercial Automobile Liability

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

8.3. 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.

8.4. Fidelity/Crime Insurance First and Third Party

Fidelity/Crime insurance with a minimum limit of $1,000,000, including first and third party coverage for employee theft, computer fraud, and other aspects of Manager’s operations. If coverage is on a claims made basis, the policy must indicate a retro date of coverage prior to the Effective Date and the execution of this contract. The City shall be named as a loss payee if insuring through a Fidelity Bond.

8.5. Professional Liability/ Errors & Omissions

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.