Management_Services,_Duke_Energy_Center_for_the_Arts.pdf

RFP- 26 - 043

MANAGEMENT SERVICES, DUKE ENERGY CENTER

FOR THE ARTS

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: December 18, 2025

DEADLINE FOR QUESTIONS: January 12, 2026

RESPONSE DEADLINE: February 16, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Management Services, Duke Energy Center for the Arts

I. Introduction

II. Solicitation Information

III. Evaluation Criteria

IV. Vendor Questionnaire

V. Scope of Work

VI. General Terms

VII. Special Terms: Service Contract Exceeding $200k

VIII. Insurance

Attachments:

A - Terms and Conditions

B - Proposal Requirements

C - Performance and Payment Bond

D - Dali Lease for Expansion

E - Mahaffey Theater Facility

F - Exhibit A - Center for the Arts Plan

G - Grand Prix Agreement

#RFP- 26 - 043

Title: Management Services, Duke Energy Center for the Arts

1. Introduction

1.1. Summary

The City of St. Petersburg is seeking responses from qualified vendors to provide management and operation of performing arts facilities services for management and operation of the Duke

Energy Center for the Arts (“DECA”) complex which includes the Mahaffey Theater, Center for the Arts Plaza (“Plaza”) and adjacent properties.

The vendor will provide all labor, supervision, materials, and equipment to manage and operate

DECA. DECA is owned by the City of St. Petersburg. The focus of responsibility is the Theater, with key elements of the agreement to include bookings, marketing, promotion, building maintenance, parking, security and other services customarily provided under similar management agreements.

1.2. Background

Located in the heart of beautiful downtown St. Petersburg, the Mahaffey Theater is a 2,031-seat performing arts hall, featuring elegant ballroom space, spectacular waterfront views, and

European box-style seating. In addition to the main Theater, the Mahaffey Theater building also houses the Grand Ballroom, a 3,500 square foot banquet room, the VIP Lounge, which is a more intimate venue and Sonata Restaurant & Lounge, offering coastal cuisine for pre-performance dining. The Mahaffey Theater is easily accessed from Interstate 275 and the I-175 ramp and is situated at the southern end of the City’s downtown waterfront park system.

The Theater was originally built in 1965 and was extensively renovated in 1987. In 2005, the

Theater underwent a $20 million dollar renovation, more than doubling the Theater’s lobby size and adding desirable guest amenities that were impossible to accommodate in the previous space. The following year, the City of St Petersburg and Progress Energy (now Duke Energy) announced a 20-year partnership to rename the facility Progress Energy Center for the Arts

(PECA). The Center features visual and performing arts and includes not only the Mahaffey

Theater, but also the Salvador Dali Museum and the Center for the Arts Plaza. The Theater is also adjacent to Albert Whitted Park, an aviation-themed family waterfront park, the Albert

Whitted Airport, a nationally recognized executive airport, and Al Lang Stadium, home to the

USL's Tampa Bay Rowdies, The Duke Energy Center for the Arts (DECA) is at the center of the annual Firestone Grand Prix of St. Petersburg's race circuit.

The acoustics of the Mahaffey Theater are tuned to the requirements of symphonic and other acoustic music and are considered excellent. The proscenium width is adjustable from 44 feet to

60 feet and proscenium height is fixed at 27 feet 3 inches. The stage is approximately 60 feet wide x 40 feet deep, with a stage right wing space of 45 feet x 15 feet x 20 feet high. The clearance from the stage floor to the underside of the grid is 64 feet 8 inches. The hall has nine

(9) dressing rooms, with a total of 62 mirror/make-up stations. In addition to the dressing rooms, there is also a green room and laundry/wardrobe room located backstage.

The current number of parking spaces available at the Mahaffey Theater is 1,106. Two (2) large surface lots provide 274 spaces, as well as a three-story parking garage with 727 spaces provide the bulk of parking for theater patrons. Additional lots provide 105 spaces for cast, crew and employees, as well as overflow parking. Other adjacent parking lots are currently available for use; however future redevelopment plans may eliminate all or part of these additional parking lots. In addition, there are several downtown parking garages within a few blocks of the Center.

The City is working on a Visioning Plan for the area (Center for the Arts Plan - "Exhibit A") which includes the Florida Orchestra's Center for Music Education and Innovation and plans to embark on a significant refurbishment of the theater in the next five (5) years. Capital

Improvement projects are ongoing, including replacement of the orchestra pit lift system

(complete), replacement of the lobby lighting dimmer system (complete), replacement of the clear-com system (underway), elevator modernization (underway), air handler upgrades

(underway), roof repair and replacement (underway), and more.

The Mahaffey Theater is marketed as a local and regional performing arts hall, offering a wide variety of programming. The Mahaffey hosts top-quality national and international artists and performances including classical, pop, rock, comedy, dance, and family entertainment. The

Theater’s major tenants include The Florida Orchestra (Orchestra) and the Class Acts Program

(Education Outreach). The Orchestra currently programs a full array of Masterworks, Pops and youth events, including a daytime series for seniors and student concerts.

Class Acts, an arts education and extension program, that was originally sponsored by the City and is currently funded through the Bill Edwards Foundation for the Arts is attended by over

30,000 students annually. The highly successful program enables school children to experience the performing arts through in-theater performances, as well as in-school programs such as master classes and cultural assemblies.

The Theater proper hosts over 200 performances annually. The Theater also hosts many special events and private parties on a rental basis in its other venues.

The Mahaffey Theater is currently operated and managed by Big 3 Entertainment, LLC, under a five-year operating agreement which expires on September 30, 2026. Big 3 Entertainment was selected to manage the facility through a national RFP process and assumed this responsibility in

September 2011. In the City’s organization, The DECA, including the Mahaffey Theater, is a responsibility of the City Development Administration, and is directly administered by the

Enterprise Facilities Department. This Department also administers the Coliseum, Sunken

Gardens, The St. Pete Pier, the St. Petersburg Municipal Marina, Port St. Pete, Albert Whitted

Airport, Al Lang Stadium, and Tropicana Field. A separate 501(C)3 non-profit corporation, the

Bill Edwards Foundation of Arts, raises funds for the Mahaffey Theater, primarily for its Class

Acts program.

Adjacent to the Mahaffey Theater is the site of the Salvador Dali Museum. The Dali Museum is an internationally recognized attraction and currently attracts over 300,000 visitors per year.

Located in the large open space between the Mahaffey Theater and the Dali Museum is the

Center for the Arts Plaza (Plaza). The Plaza is designed to be an urban landscape with terraces that gently slope toward the shores of Tampa Bay offering a variety of experiences, from relaxing picnics beneath shade trees, to small intimate gatherings or larger outdoor events. It is also available on a rental basis for private events such as weddings, family reunions, etc. The

Plaza is operated and managed by the Mahaffey Theater. Although the Dali Museum is part of the Duke Energy Center for the Arts, it is privately managed and operated.

The Mahaffey Theater was the only 2000-seat performing arts hall in the market when it opened in the mid 1960's. The Tampa Bay region is now also served by Ruth Eckerd Hall in Clearwater

(approximately 2,200 seats), and the Straz Center, in Tampa, which contains four halls

(approximately 2,600, 1,000, 300 & 130 seats respectively).

The City of St. Petersburg is the 5th largest City in Florida with a population of approximately

261,000 and a median age of 43.1 years. It is the occasional home to more than 4.7 million overnight visitors each year and has experienced a steady growth rate over the years. St.

Petersburg has a vibrant downtown area that has achieved tremendous revitalization over the past

25 years including construction and renovations of office, retail, and residential properties. It is host to numerous sporting events each year and has had expansions in cultural attractions, educational institutions, medical centers and airport facilities (see Appendix A, Recent Projects in Downtown St. Petersburg for additional details).

1.3. Contact Information

Kaela Williamson Procurement Analyst One 4th St. North 5th Floor - Procurement St. Petersburg, FL 33701 Email: kaela.williamson@stpete.org Phone: (727) 892-5297

Department:

Enterprise Facilities

1.4. Timeline

*Timeline is subject to change

Solicitation Published December 18, 2025

Pre-Proposal Meeting (Non-Mandatory) January 6, 2026, 1:30pm

Mahaffey Theater 400 1st St S, St Petersburg, Florida 33701

Deadline for Questions January 12, 2026, 5:00pm

Deadline for Question Response January 14, 2026, 3:00pm mailto:kaela.williamson@stpete.org tel:(727)892-5297

Deadline for Submittals February 16, 2026, 3:00pm

Evaluation/Shortlisting (Non-Mandatory) March 31, 2026, 3:00pm

The Evaluation/Shortlisting meeting is tentative and subject to change. Final details regarding the

Evaluation/Shortlisting meeting will be posted as a notice to the solicitation.

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 Monday, February 16, 2026.

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

The vendor must meet the minimum qualifications and provide the following documents to be considered responsive:

A. Completed Proposal Requirements attachment per instructions

2.5. Performance and Payment Bond

The annual performance and payment bond amount will be equal to the one-year amount of the multi-year agreement.

https://procurement.opengov.com/portal/stpete/projects/215114

3. Evaluation Criteria

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Corporate Experience and Capacity 0-10 Points 28 (28% of Total)

2. Proposed Programming and Marketing Plan 0-10 Points 23 (23% of Total)

3. Proposed Management Plan 0-10 Points 23 (23% of Total)

4. Fee Structure 0-10 Points 20 (20% of Total)

5. Is the firm a City of St. Petersburg certified

SBE?

Pass / Fail 1

(1% of Total)

6. Is the firm a City of St. Petersburg certified

WBE?

Pass / Fail 1

(1% of Total)

7. Is the firm a City of St. Petersburg certified

WBE?

Pass / Fail 1

(1% of Total)

8. Are any proposed sub-contractors a City of

St. Petersburg certified SBE?

Pass / Fail 1

(1% of Total)

9. Are any proposed sub-contractors a City of

St. Petersburg certified MBE?

Pass / Fail 1

(1% of Total)

10. Are any proposed sub-contractors a City of

St. Petersburg certified WBE?

Pass / Fail 1

(1% 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 attachment that will be incorporated into the final management agreement. * ☐ Yes

☐ No

*Response required

4.1.21. If exceptions are taken to the terms and conditions attached, 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 per the proposal requirements attachment.* *Response required

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

*Response required

4.2. Service Contracts Over $200,000

4.2.1. Does vendor employ more than 50 full time employees?*

☐ Yes

☐ No

*Response required

4.2.2. a. If YES, does the vendor agree to comply with the living wage requirements set forth in the St. Petersburg City Code? * ☐ Yes

☐ No

5. Scope of Work

5.1. Intent

The city of St. Petersburg ("city"), a municipality in the state of Florida, is accepting proposals from qualified firms, whose core business is the management and/or operation of performing arts facilities, for a contract for management and operation of the Duke Energy Center for the Arts ("DECA") complex which includes the Mahaffey Theater, Center for the Arts Plaza ("Plaza") and adjacent properties.

5.2. Contract Term

The initial term of the agreement is five (5) years commencing October 1, 2026. The City reserves the right to extend the contract under the same terms and conditions for two (2), one-year periods from the date of expiration provided such an extension is mutually agreeable to both the City and the Vendor.

5.3. Management Agreement

The term Management Agreement as used throughout this Request for Proposals ("RFP") shall be deemed to include all forms of agreements for the management and operation of facilities, including, but not limited to, lease agreements, license operation agreements, acquisition and service agreements. The

Management Agreement is anticipated to be for a term of up to five years.

5.4. Programming

The desired programming of the Mahaffey Theater is determined in part by a goal established by the city, through the Management Agreement for the operation of the Mahaffey Theater. Included in the current management agreement is a booking policy, which includes the adopted programming goal. The city's overall programming goal for the Mahaffey Theater is to provide a diverse programming mix that has broad appeal to all its citizens and taxpayers. The targeted mix includes the following general types of programming:

a. Popular Music (e.g., Pop, Rock, Jazz)

b. Classical Music (e.g., Florida Orchestra)

c. Comedy

d. Family entertainment

e. Educational programming

The programming goal does not prioritize any one type of programming over the other but emphasizes diversity that offers something for everyone. The targeted programming mix is not intended to be exclusive and does not limit programming to these categories; however, effort should be made by Vendor to achieve this goal when possible. Vendor's programming objectives should be coordinated with other objectives stated in this RFP, including the city's primary objective which is to minimize the Mahaffey

Theater's operating subsidy.

5.5. Goals

The DECA is recognized as an important asset to not only the city, but also the entire region.

Accordingly, the city has high expectations for the Mahaffey Theater and the DECA complex as a whole, to achieve multiple dynamic goals, including, but not limited to, the following:

• Increase annual visitor traffic to the Mahaffey Theater, through an innovative management, marketing and promotional plan designed to respond to the specific competitive market in the region.

• Boost attendance at entertainment events through creative marketing, promotional plans and strong relationships with the community.

• Implement a strong financial management system that controls spending and effectively reduces city funded subsidy requirements, as well as ensuring the continued safeguard of all city assets.

• Prepare a comprehensive short- and long-range research-based strategic programming plan and marketing plan for the future of the Mahaffey Theater and the Plaza with special emphasis on programming, marketing, promotion, and reduction of city funded subsidy requirements.

• Assist in the development of an endowment fund, either directly or through an affiliated entity/foundation, which will be used to mitigate the financial risk associated with self-promoted or co-promoted events. Self-promotion allows the Mahaffey Theater to program strategically to target an undeveloped niche in this highly competitive market. Being successful in a programming niche will create a branding identity that can be used for marketing and fundraising.

• Program unique and nationally recognized events at the Mahaffey Theater that will attract increased numbers of visitors to the downtown area.

• Work cooperatively and collaboratively with the Mahaffey Theater's current tenants/resident companies, including The Florida Orchestra, to provide quality, affordable performing arts programming.

• Implement box office systems and related functions to support improved marketing database development for event promotion and fundraising activities.

• Develop a corporate sponsorship program to enhance unearned revenue and support presentation of quality entertainment.

• Increase visitor spending at the Mahaffey Theater through increased focus on ancillary revenue streams, which effectively reduces city funded subsidy requirements. Consideration should be given to create and implement plans to increase food and beverage services provided at events, providing additional revenue, while enhancing the patron experience.

• Maximize rental income to the Mahaffey Theater from use agreements negotiated with local, regional and national facility users.

• Develop and implement new and innovative ways to generate increased revenue for the Mahaffey

Theater and Plaza, effectively reducing the city funded subsidy.

• Stimulate the economy of the city as a result of out of town visitor spending, as well as local visitor spending.

• Establish a system of communication and cooperation that encourages linkages and collaborative efforts between the Mahaffey Theater and other segments of the cultural community and larger

St. Petersburg area.

• Establish a sound, qualified Mahaffey Theater management/operations staff organization that is effective in meeting financial goals while at the same time able to work in a responsive and cooperative manner with the city as owner/client.

• Develop positive and cooperative tenant relations, client relations, city department relations, community relations, downtown business relations, media relations, and other relations that further the goals of the city.

• Ensure that the city's investment in the Mahaffey Theater and the Center for the Arts Plaza is properly managed to maximize its benefit to the city and to maintain a positive image for the

Center. In accomplishing this goal, management must ensure that the Theater, Plaza and adjoining properties are kept exceptionally clean and well maintained and that all maintenance employees are properly trained in custodial and preventative maintenance procedures to minimize capital repairs.

• Establish policy manuals and functional standard operating procedures manuals for all administrative, programming/booking, marketing, finance/accounting, custodial, preventative maintenance, parking and related management and operational functions for both the Mahaffey

Theater and the Plaza.

• Oversee the successful completion of capital improvements at the Mahaffey Theater and Plaza to ensure that the improvements are communicated through effective media relations to local residents and area visitors.

• Operate the Mahaffey Theater and Plaza in accordance with equal opportunity compliance laws and regulations.

• Provide value-added corporate resources to the city and the Mahaffey Theater, over and above the support funded by the city, including resource support to programming, marketing, promotion, finance and accounting, personnel administration, payroll services, operations and related functions.

• Coordinate with and be supportive of the Florida Orchestra and the annual St. Petersburg Grand

Prix event (see Appendix G, Grand Prix of St. Petersburg Agreement).

5.6. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

A. Have been in the business of providing management services for performing arts theaters, or similar public assembly facilities for a minimum of five (5) years.

B. Have the ability to obtain the minimum insurance requirements set for in the base agreement.

C. Have the ability to meet the bonding requirements

5.7. Vendor Responsibilities

At a minimum the Vendor shall have the responsibility for the programming, management, marketing, operation, and maintenance of the DECA, including the Mahaffey Theater, Plaza and adjacent properties.

Vendor's responsibilities shall include, but are not limited to:

• Obtaining and maintaining the necessary licenses, permits, and certifications required to perform the scope of work,

• Verifying that all personnel it employs or assigns to this contract have no disqualifying background issues and have successfully completed all background checks required by the City.

o Vendor shall maintain documentation of such verification and provide confirmation upon request of the city.

• Booking events and promotions at the Mahaffey Theater and Plaza. Event and promotion management, including, but not limited to, contract negotiations, stage production, crowd control, security, food and beverage, clean-up, coordination of client activities with Fire, Police and other city departments.

• Marketing, advertising and promoting the Mahaffey Theater and tenant/client activities.

• Developing annual operating and capital budgets and providing interim/annual financial reporting

(budget vs. actual performance), in accordance with city financial guidelines.

• Supervising all agreements for goods and services at the Mahaffey Theater and Plaza.

• Supervising news, entertainment and educational media of all types.

• Providing effective building operations and maintenance, including but not limited to, purchasing, payroll, risk management, hurricane and emergency procedures,

• Fire prevention, security, routine repairs, preventative maintenance, custodial services, energy conservation, landscape maintenance and the review and supervision of Mahaffey Theater tenant improvement design and construction plans, and supervision of capital improvement projects.

• Developing a staff plan (e.g., organizational chart, position descriptions, qualifications, pay ranges, benefits program).

• Hiring and training all employees so DECA will be adequately staffed with qualified personnel.

• Managing and operating the DECA parking lots, to include lots currently named A, B, C and the

Cast lot.

• Attend all City Council meetings that require information or Council action regarding Mahaffey

Theater related business issues.

5.8. Deliverables

Upon notice of award, and during contract negotiations, the vendor will be responsible for providing the following deliverables:

• Staffing Plan including biographical information for all leadership positions plus recruiting, training, retention, and supervision strategies for all full and part-time personnel,

• Programming Plan,

• Marketing and Promotion Plan,

• Preventative Maintenance Plan and Procedures Manual,

• Custodial Procedures Manual,

• Security and Emergency Procedures Manual,

• Parking Plan and Procedures Manual,

• Finance and Administrative Policy and Procedures Manual l

These documents must be received and approved by the city during negotiations and prior to execution of the Management Agreement.

5.9. City's Responsibilities

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

A. City shall provide a 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.

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 5:00 pm on Monday, January 12, 2026. Questions will be answered via City's online sourcing system no later than 3:00 pm on Wednesday, January 14, 2026. 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/215114 for download by Vendors.

6.5. Amendments

Any amendments issued for this solicitation will be posted as an addendum on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/215114 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

6.6. Submission of Solicitation Responses

Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the

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

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

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

6.7. Mistakes in the Solicitation

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

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

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

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

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

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

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

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

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

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

Chapter 286, Florida Statutes.

6.9. Bonds

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

6.10. Cash Discounts

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

6.11. Award

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

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

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

6.12. Acceptance Period

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

6.13. Right to Reject

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

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

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

6.14. Vendor Complaints

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

Management Director, by email at Stephanie.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.

6.15. Protest

(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven

(7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.

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

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

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

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

(4) The relief sought.

(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the

POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.

(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.

6.16. Public Entity Crimes

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

6.17. Nondiscrimination

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

6.18. Prohibited Communication

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

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

6.19. Environmentally Preferable Purchasing

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

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

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

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

6.20. Health In All Policies

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

6.21. American with Disabilities Act (ADA) Public Notice

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

6.22. Background Checks

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

6.23. Disqualification

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

6.24. Taxes

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

Exemption certificates will be provided upon request.

6.25. Compliance with State and/or Federal Requirements

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

6.26. E-Verify

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

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

6.27. 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.

7. Special Terms: Service Contract Exceeding $200k

7.1. Living Wage

Vendor agrees to be subject to and shall comply with the living wage requirements set forth in St.

Petersburg City Code Chapter 2, Article V, Division 9, as those requirements may be amended from time to time, (collectively, the “Living Wage Requirements”).

7.2. Data Collection

Pursuant to Florida Statute 119.071 Social Security Numbers collected from Vendors are used for identification, verification, and tax reporting purposes.

8. Insurance

8.1. Insurance

A. Purchase of Insurance. Manager must obtain and maintain continuously in effect at all times the minimum insurance as set forth below. All insurance policies must be satisfactory to the Mayor.