Instructions_to_Offerers_and_General_Provisions.doc

Instructions to Offerors and General Provisions Intent The intent of this Request for Proposal is to solicit offers from qualified firms for a contract for management services for the Duke Energy Center for the Arts (“DECA”) complex which includes the Mahaffey Theater, Center for the Arts Plaza (“Plaza”) and adjacent properties for a term of up to five (5) years.

Preparation of the Request for Proposals Offerors are expected to examine all related documents. Failure to do so is at the Offeror’s risk. Each Offeror shall furnish the information required by the Request for Proposals. The Offeror shall sign its proposal and print or type the Offeror’s name, address and telephone number on the face page, and each continuation sheet must be identified with Offeror’s name.

The Offerors shall retain a copy of all documents for future reference. All proposals must be signed with the company or firm’s legal name and by an officer or employee having authority to bind the company or firm by his or her signature.

Submission or Receipt of Proposals One original and five (5) copies of the Proposal shall be enclosed in a sealed envelope or carton and delivered in person, by messenger, or by U.S. Mail to the attention of:

Physical Address

Mailing Address

Chris Ballestra

Director, Enterprise Facilities

City of St. Petersburg

175 5th Street North

St. Petersburg, FL 33701

Director, Enterprise Facilities

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

Proposals will be received no later than:

Time:

1:30 p.m. (EST)

Date:

Friday, October 29, 2010

Location:

City of St Petersburg – City Hall

175 5th Street North

St. Petersburg, FL 33701 Facsimile proposals will not be considered; however, proposals may be modified by facsimile notice provided such notices are received prior to the hour and date specified in the Request for Proposals.

Late proposals will not be considered. Failure to follow the instructions in the Request for Proposals is cause for rejection of offer.

Right to Reject Proposal Right is reserved to reject any or all proposals and to disregard typographical, mathematical, or obvious errors. The City will not pay costs incurred by any Offerors in the preparation of proposals. The City may negotiate with any or all Respondents in order to obtain terms most beneficial to the City.

Requests for Interpretation or Clarification

No interpretation or clarification in the RFP will be made to a Respondent orally. If discrepancies or omissions are found by any prospective Respondent or there is doubt as to the true meaning of any part of this RFP, a request for clarification or interpretation must be submitted in writing, addressed to the City of St. Petersburg, Chris Ballestra, Director, Downtown Enterprise Facilities Department, City of St. Petersburg, P.O. Box 2842, St. Petersburg, FL 33731 or by e-mail to chris.ballestra@stpete.org or by fax to (727) 892-5719. It is the responsibility of the Respondent to verify that the City received fax and e-mail requests. To be given consideration, such requests must be received by no later than 5:00p.m., Friday, December 3, 2010. All such interpretations and any supplemental instructions will be replied to in the form of a written addendum, which if issued, will be posted to the RFP website for any updates. It is the responsibility of the Respondent to check the website for updates. Failure of the Respondent to check the website for any such addendum or interpretation shall not relieve said Respondent from any obligation contained herein.

Explanations to Offerors

Explanations or instructions shall not materially alter the Request for Proposals unless they are in writing. Oral explanations or instructions given before the award of a contract will not be binding. If necessary, a written addendum to the Request for Proposals will be issued to all prospective Offerors.

Firm Prices

The Offeror warrants that prices, terms and conditions quoted in the proposal are firm for the contract period as stated in the Request for Proposal.

Acceptance of Offer

The signed proposal shall be considered an offer on the part of the Offerors. Such offer shall be deemed accepted upon execution of a signed contract or purchase order. The City reserves the right to accept the proposal(s), which, in the City’s sole and absolute discretion, best serves the interests of the City.

Evaluation Criteria

Proposals will be evaluated on the following criteria:

Criteria

Corporate Experience and Capacity

Facilities Management Experience

Corporate Resources and Organizational Structure

Corporate Financial Condition

References

Programming and Marketing

Programming Plan

Marketing and Promotions Plan

Mahaffey Theater Management

General Understanding and Responsiveness

Operations Plan

Staffing Plan

Parking Plan

Finance and Accounting Program

Insurance Program

Capital Improvement Plan

Financial Proposal/Fee Structure

Base Management Fee Proposal

Incentives/Guarantees

Corporate Contributions to CIP/FF&E

Net Operating Cost to City

Proposal Evaluation Procedure The proposals will be evaluated based on the factors set forth in the Request for proposal and may be short-listed to two or more Offerors. Discussions may be conducted with these Offerors to further clarify the City’s requirements and the Offerors’ proposals. Offerors may also be required to make presentations.

Tentative Schedule (Subject to change) Solicitation…………………………………………………….Monday, August 16, 1010

Pre-Proposal Conference……………………………………Monday, September 20, 2010

Submittal Deadline………..………………………………….Friday, October 29, 2010 (1:30pm)

Discrepancies/Clarifications Due ………………………..…Friday, December 3, 2010

Proposal Evaluation Completed/Shortlist (If applicable)....Friday, December 17, 2010

Solicit Best and Final Offer………………………………….Thursday, December 23, 2010

Best and Final Offer Received………………………………Friday, January 14, 2011

Council Approves Selection/

Authorization to Initiate Negotiations……………………….Thursday, February 17, 2011

Management Agreement Submitted to Council……………Friday, April 8, 2011

Council Approval of Management Agreement……………..Thursday, April 21, 2011

Anticipated Effective Date of New Agreement……………..Wednesday, June 1, 2011 Award Without Discussion

The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint.

Award of Contract An award shall be made to the responsible Offerors whose proposal is determined, in writing, to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the Request for Proposals.

Modification or Withdrawal of Offer An offer may not be modified, withdrawn, or canceled by the Offerors for 180 days following the time and date designated for the opening of proposals except when requested by the City for clarification, presentation or best and final offers, and the Offerors so agrees in submitting his proposal.

Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any) should be reported in writing to the City’s Enterprise Facilities Department. Should it be found necessary, a written addendum will be incorporated in the Request for Proposals and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications.

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

Anti-Lobbying The Offeror is prohibited from lobbying with City Council, Mayor or Administration relative to their proposal or response to this RFP. A violation of this provision will result in disqualification.

Execution of Agreement The individual, firm, or corporation to which the contract has been awarded shall sign the necessary agreement entering into a contract with the City, and return it to the City within 10 working days from the date the final approved contract has been received by the successful Offerors. No contract shall be considered binding upon the City until it has been properly executed.

Trade Secrets Execution to Public Records Disclosure All proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for “trade secrets”.

If your proposal contains information that constitutes a “trade secret,” all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as “TRADE SECRETS EXCEPTION,” with your firm’s name and the proposal name/number marked on the outside.

“Trade secret” means the whole or any portion of phrase of any formula, pattern, devise, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain and advantage, over those who do not know or use it. “Trade secret” includes scientific, technical, or commercial information, including any design, process, procedure, list of suppliers, list of customer, business code, or improvement thereof. Irrespective of novelty, invention, patent ability, the state of prior art, and the level of skill in the business, art, or field to which the subject matter pertains, a trade secret is considered to be:

1. Secret;

2. Of value;

3. For use or in use by the business; and

4. Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner therefore takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.

Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your proposal as a “trade secret” you agree to hold harmless the City of St. Petersburg for any award to a plaintiff for damages, costs or attorney’s fees and for costs and attorney’s fees incurred by the City by reason of any legal action challenging your claim.

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 submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contact with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Disputes and Complaints All complaints or grievances should be first submitted orally or in writing to the Director of Enterprise Facilities, who will take prompt remedial action. The Director of Enterprise Facilities shall investigate the validity of the complaint and present the findings in writing to the vendor. If the vendor is dissatisfied with the Director of Enterprise Facilities remedies, he may then make an appeal to the Mayor.

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