Marine_Towing_and_Storage_Services.pdf

IFB- 25 - 011

MARINE TOWING AND STORAGE SERVICES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: December 2, 2024

DEADLINE FOR QUESTIONS: December 12, 2024

RESPONSE DEADLINE: January 2, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Marine Towing and Storage Services

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Insurance

Attachments:

B - Base Agreement

#IFB- 25 - 011

Title: Marine Towing and Storage Services

1. Introduction

1.1. Summary

The Police Department's Marine unit is responsible for enforcing all State and Municipal laws on waterways within the jurisdiction of the City of St. Petersburg. The Marine unit occasionally requires towing and impounding of vessels, watercraft, barges, and airboats that have been docked illegally or in derelict for public safety. Marine towing and impound services also provide water storage spaces for the impounded vessels. Our goal is to provide exceptional waterway safety on a continuous basis for the City of St. Petersburg's residents and visitors and most importantly, to minimize any accidents on the waterway due to abandoned vessels left in poor condition as a result of disuse and neglect that are in violation of boating ordinances.

1.2. Contact Information

Lawanda Barber Procurement Analyst One 4th Street North 5th Floor St. Petersburg, FL 33701 Email: lawanda.barber@stpete.org Phone: (727) 893-7030

Department:

Police

1.3. Timeline

*Timeline is subject to change

Solicitation Published December 2, 2024

Deadline for Questions December 12, 2024, 3:00pm

Deadline for Submittals January 2, 2025, 3:00pm mailto:lawanda.barber@stpete.org tel:(727)893-7030

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 3:00 pm on Thursday, January 2, 2025.

2.2. Standard for Award

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

2.3. Bid Evaluation

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

2.4. Submittal Requirements

Vendor must meet the minimum qualifications stated in the bid and submit the following documents to be considered responsive:

1. Documentation advising which of the following security methods will be used at its impound facility(or facilities) if awarded the contract:

a. A night dispatcher or watchman on duty from sunset to sunrise,

b. A security dog remains at the facility from sunset to sunrise,

c. Security cameras or other similar surveillance devices monitor the facility, or

d. A security guard service examines the facility at least once each hour from sunset to sunrise.

https://procurement.opengov.com/portal/stpete/projects/126060

3. Vendor Questionnaire

3.1. General Information

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

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

☐ No

*Response required

3.1.2. Address for Headquarters location.*

*Response required

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

3.1.4. Contact Information for Contact Person.*

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

• Name

• Title

• Phone

• Email

*Response required

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

*Response required

3.1.6. Year the Company was Founded.*

*Response required

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

3.1.8. Number of years company has been in the present business providing marine towing and salvage services as described in the solicitation.* *Response required

3.1.9. Vendor confirms its ability to obtain the minimum insurance requirements set forth in the Agreement.* *Response required

3.1.10. Vendor confirms it owns or has immediate access to the equipment required to provide the services.* *Response required

3.1.11. Vendor confirms it is able to provide services without the use of subcontractors.* *Response required

3.1.12. Vendor confirms it possesses a U.S. Coast Guard license with the designation

"authorized to engage in commercial assistance, towing, and salvage". Upload license here.* *Response required

3.1.13. Vendor confirms it has possessed a U.S. Coast Guard license with the designation "authorized to engage in commercial assistance, towing, and salvage" for at least five (5) years.* *Response required

3.1.14. Company’s bank of record.*

*Response required

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

*Response required

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

*Response required

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

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

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

*Response required

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

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

*Response required

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

☐ No

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

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

☐ No

*Response required

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

Florida Statute §286.101 (3)(a).

3.1.23. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation.* See Base Agreement and advise.

☐ Yes

☐ No

*Response required

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

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

☐ No

*Response required

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

3.2. Supplier Diversity Forms

3.2.1. Small Business Enterprise Forms A and B*

The SBE Goal for the project: %

Please download the below documents, complete, and upload.

• FILLABLE_LETTER_OF_INTENT_S...

• FILLABLE_SBE_NON-USE_SBE_FO...

*Response required

3.3. Service Contracts Over $200,000

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

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☐ Yes

☐ No

*Response required

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

☐ No

*Response required

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

☐ No

*Response required

3.3.4. Does the Vendor have the necessary personnel, facilities, equipment, ability, experience, financial resources and special qualifications to perform work in a satisfactory manner within the time specified? * ☐ Yes

☐ No

*Response required

3.3.5. Upload document regarding your impound facility security method per the submittal requirements* *Response required

3.3.6. Does the vendor employees that will be providing services possess a U.S.

Coast Guard license with the designation "authorized to engage in commercial assistance, towing, and salvage"?* Answer Yes or No.

*Response required

3.3.7. Vendor confirms that the employees that will be providing services if awarded contract have been employed with the Vendor for at least one (1) year.* *Response required

3.3.8. Upload the U.S. Coast Guard license(s) for employee(s) that will be providing services if awarded the contract.

3.3.9. Vendor confirms it has an impound facility in the City of St. Petersburg.

Provide address below.*

3.3.10. Vendor confirms that the impound facility has the capacity to store at least five

(5) vessels in-water storage at any time.*

4. Scope of Work

4.1. Intent

The City of St. Petersburg is seeking a contractor to provide all labor, materials, supervision, tools, equipment, and vehicles necessary for tow and impound vessels at the direction of the St. Petersburg Police

Department Marine Unit ("Marine Unit") and the City's Marina. The Marine Unit and the City's Marina may direct Contractor to tow and impound a vehicle for various reasons, including but not limited to:

• The vessel is in violation of Florida Statute 327.4107, Vessels at risk of becoming derelict on waters of this state.

• The vessel is in violation of Florida State Statute 823.11, Derelict vessels; relocation or removal;

penalty.

• The vessel is used in violation of City Code Section 7-93, Hazardous vessels or watercraft, or

City Code Section 7-94, Abandoned vessels or watercraft.

• The vessel is creating a navigational hazard.

• The vessel is creating an environmental hazard.

• The vessel’s removal is necessary in the interest of public safety or other emergency reasons.

• The vessel is evidence or was used in the commission of a criminal act.

• The vessel was involved in a boating crash and needs to be secured for investigation.

4.2. Contract Term

The initial term of agreement will be for three (3) years with one (1), two-year renewal period by mutual agreement of the parties.

4.3. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

A. Vendor must have been in the business of providing marine towing and salvage services as described herein for a minimum of five (5) years.

B. If requested by the City, Vendor must be able to provide evidence of financial stability and viability to fulfill the commitments of this Agreement.

C. Vendor must have the ability to obtain the minimum insurance requirements set forth in this

Agreement.

D. Vendor must own or have immediate access to the equipment required to provide the services.

E. Vendor must be able to provide services without the use of subcontractors.

F. Vendor must possess a U.S. Coast Guard license with the designation "authorized to engage in commercial assistance, towing, and salvage" and have had this license for at least five (5) years.

G. Employees providing services must possess a U.S. Coast Guard license with the designation

"authorized to engage in commercial assistance, towing, and salvage".

H. Employees providing services must have been employed with the Contractor for at least one (1) year prior to bid submission.

I. Vendor must provide a impound facility in the City of St. Petersburg.

J. Vendor's impound facility must have the capacity to store at least five (5) vessels in-water storage at anytime

4.4. Vendor Responsibilities

At a minimum, Contractor must provide and meet the following responsibilities:

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

B. Vendor must maintain Minimum Qualifications as stated in bid for the term of Agreement.

C. Vendor must not perform any major repairs or bid for repair work on any vessel in the Vendor's possession as result of this Agreement.

D. Vendor must provide sufficient staffing to responsively perform the work described herein for the duration Agreement.

E. Vendor must provide a record of towing and storage of vessels sufficient to fulfill the obligations of this Agreement.

F. Vendor must provide drivers/boat captains that meet all state and federal laws, requirements, licensing, and certifications.

G. Vendor must provide access to records of towing and storage of vessels available for inspection by the Marine Unit during normal business hours.

H. Vendor must provide release of personal property within the vessel to authorized persons, except items installed in or attached to the vessel.

I. Vendor shall provide an Account Manager, who will be readily available during normal business hours to administer the Agreement.

1. Vendor is responsible for notifying the City with any changes in account manager or contact information.

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

Impound Facility

A. Vendor must provide a impound facility with the capacity to store at least five (5) vessels in-water storage at anytime.

B. Vendor's impound facility must be located within the City of St. Petersburg and be compliant with any city, state or federal Laws.

C. Vendor must provide proof of ownership and/or valid lease agreements for the physical facilities and property. The Vendor must maintain these agreements for the entire term of the Agreement.

D. Vendor must maintain records for all vessels located in the Vendor's impound facility. The records must include dates and times the vessel is located in the impound facility.

E. Vendor's impound facility must be completely encircled by a secure fence that must prevent entry. The secure fence must be no less than six (6) feet high, with the Vendor liable for security.

F. Vendor, with prior authorization from the City in each instance, may use a secondary storage facility designated by the St. Petersburg Police Department, Marine Unit for vessels Vendor determines are most likely to be disposed of.

G. Vendor's impound facility must be open for the purpose of redemption of the vessel, by the owner/operator, during normal business hours. When the impound facility is closed, the Vendor must post a sign indicating a telephone number where the Vendor can be reached at all times.

When the facility is closed, after receiving a telephone request from the boat owner/operator to open the impound facility to retrieve a vessel, the Vendor must make all reasonable arrangements to meet with the owner/operator during the next normal business day.

H. Vendor must provide fence security at its impound facility equal to that of a two-inch mesh chain link industrial weight gauge and compliant with City zoning, legal and codes requirements.

I. Vendor must provide security and liability insurance for the secure impound facility for damage to any vessel stored at the facility.

J. Vendor must provide a minimum of one (1) of the following security methods at its impound facility:

1. A night dispatcher or watchman on duty from sunset to sunrise.

2. A security dog remains at the facility from sunset to sunrise.

3. Security cameras or other similar surveillance devices monitor the facility.

4. A security guard service examines the facility at least once each hour from sunset to sunrise.

K. Vendor must provide access to the City to inspect the impound facility prior to award of the

Agreement and at all times during the term of the Agreement.

L. Vendor's property must have facilities to reasonably protect all seized vessels, in the same condition as at the time of seizure, until retrieval by owner/operator.

M. Vendor must control, contain, remove, clean, and dispose of hazardous fluids from the impound facility, as needed.

N. Vendor must post all rates at the impound facility.

O. Vendor must not release any vessel from impoundment until all applicable fees, penalties and charges for towing and storage of the vessel have been paid.

Fees and Costs

A. Vendor must be solely responsible for the collection of fees from the owners/operators of the vessels, and the City will in no way be liable for collection of such fees.

B. Vendor must return any funds paid by the City to Vendor pursuant to this Agreement for

Vendor's removal and storage of the vessel utilizing the fees Vendor collects from the owner/operator within 10 days of collecting fees from the owner/operator.

Equipment

A. Vendor must provide tow boats and other necessary equipment that are readily identifiable with the name, and telephone number of towing company prominently displayed on both sides of the boat.

B. Vendor must provide radio or telephone communications equipment to ensure availability for service calls, 24 hours per day, seven (7) days per week.

C. Vendor must provide certified divers, lift bags, dewatering pumps and all other necessary equipment to salvage sunk vessels readily available.

D. Vendor must provide all necessary trailers for removal of vessels from the water, if required.

E. Vendor must have heavy equipment capable of removing vessels from the water, if required.

Towing & Impound Services

A. Vendor must provide towing service 24 hours per day, seven (7) days per week to its impound facilities.

B. Vendor must, after completion of such towing or removal, notify the Marine Unit of the tow and storage location.

C. Vendor must, at the time of impound, obtain signatures of City Representative for towing or impounding of a vessel.

D. Vendor must indicate the make, model, color, description, and registration number of the vessel and note that information in the impound records.

E. If the vessel is redeemed, the Vendor must issue a detailed signed receipt, showing the Vendor's legal name, to the owner/operator redeeming the vessel at the time of payment, whether requested or not.

F. Vendor must file and provide the City a complete copy of the current rates for towing services, along with any updates to these rates.

G. The Vendor must allow vessel entry for removing the vessel with reasonable care on part of the

Vendor

H. Vendor must be liable for any damage to the vessel if such entry is not in accordance with the standard of reasonable care.

I. Any vessel owner/operator or agent must have the right to inspect the vessel before accepting its return, and no release or waiver of any kind which would release the Vendor from liability for damages noted by the owner/operator or other legally authorized person at the time of the redemption may be required from any vessel owner/operator, custodian, or agent as a condition of release of the vessel to its owner/operator.

J. Vendor must not tow or impound any vessel without prior direction and authorization from the

Marine Unit.

Vessel Release and Redemption

A. Vendor must provide release of any vessel to its owner/operator, or the owner's properly designated agent, Monday through Friday, during normal business hours.

B. Vendor must provide owner/operator of vessels the option to pay and pick up vessels at any authorized impound facility at no additional charge.

Reports

A. Vendor must keep business hours at the impound facilities of 8:00 a.m. to 5:00 p.m., five days a week, for Marine Unit inspection of books and records. The facility must be open to the Marine

Unit for inspection at any time, during these hours.

B. Vendor must provide access to records of towing and storage of vessels available for inspection by the Marine Unit during normal business hours.

C. If the Vendor is claiming a lien for recovery, towing, or storage services, must give notice to the registered owner, the insurance company insuring the vessel and to all persons claiming a lien.

D. If Vendor must provide certified letters to owner/operators and lien holder(s) after the vessel has been impounded for a period of seven (7) days (at no additional charge to City), throughout term of the Agreement.

Sale of Vessels

A. Vendor will not alter, strip, or otherwise use an impounded vessel for any purpose or allow such to occur while the vessel is in possession of the Vendor, until the Vendor obtains legal ownership.

B. Vendor will be allowed to dispose of any vessel under proper legal process, not claimed after a period of 60 days.

C. Vendor may sell a vessel not claimed after a period of 60 days at a public auction for cash. Sales of all vessels by the Vendor are the sole responsibility of the Vendor and must be in full compliance with any and all laws governing such action.

D. Vendor must notify the Marine Unit of its intentions to sell, salvage, or relinquish the vessel for disposal to the Marine Unit for disposal by the City. At no point will the City be liable for the storage fees of impounded vessels, E. Vendor must send a notice by certified mail, return receipt requested within seven (7) business days after the date of storage to the registered owner, the insurance company insuring the vessel and all persons of record claiming a lien against the vessel.

1. The notice must include, but not limited to, the fact of possession of vessel,

2. that a lien is claimed,

3. that charges have accrued and the amount,

4. that the lien is subject to enforcement pursuant to law,

5. and that the owner or lien holder, if any, has the right to a hearing and that any vessel which remains unclaimed, or the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens after 60 days.

F. Vendor must give notice of the sale to the person in whose name the vessel is registered and to all persons claiming a lien on the vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of the corresponding agency in any other state.

G. Vendor must send notice by certified mail, return receipt requested, to the owner/operator of the vessel and the person having the recorded lien on the vessel at the address shown on the records of the registering agency and must be mailed no less than 15 days before the date of the sale.

1. If the name and address of the registered owner/operator or the owner of the recorded lien is not found, the Vendor is not required to send a notice.

4.5. City's Responsibilties

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. The City Project Manager shall schedule an initial inspection and review of impound facility within three (3) calendar days of the initial notice to proceed, and within three (3) calendar days of any secondary storage facility added during the term of the Agreement.

1. The inspection and review may be scheduled over multiple days if necessary. Pre-existing deficiencies, as well as expectations and clarifications discussed during the inspection and review shall be noted in writing by the City Project Manager.

2. City Project Manager will schedule a meeting with Contractor to review, discuss and resolve all deficiencies.

3. Notice of final resolution of all deficiencies shall be issued in writing and signed by Contractor and City Project Manager, after which the Contractor shall assume full responsibility for performance.

5. Cost Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Standard Public Towing Services

(Monday - Friday: 8:00 a.m. - 5:00 p.m.)

1 Hour

2 Standard Public Towing Services

(Monday - Friday: 5:00 p.m. - 8:00 a.m.)

1 Hour

3 Standard Public Towing Services

(Weekend & Holidays: 8:00 a.m. -

5:00 p.m.)

1 Hour

4 Standard Public Towing Services

(Weekend & Holidays: 5:00 p.m. -

8:00 a.m.)

1 Hour

5 Minimum Charge for Towing Services

(Monday - Friday: 8:00 a.m. - 5:00 p.m.)

1 Hour

6 Minimum Charge for Towing Services

(Monday - Friday: 5:00 p.m. - 8:00 a.m.)

1 Hour

7 Minimum Charge for Towing Services

(Weekend & Holidays: 8:00 a.m. -

5:00 p.m.)

1 Hour

8 Minimum Charge for Towing Services

(Weekend & Holidays: 5:00 p.m. -

8:00 a.m.)

1 Hour

9 Storage/Impound Fees - Land 1 Per FT/Per

Day

10 Storage/Impound Fees - Water 1 Per FT/Per

11 Storage/Impound Fees - One-time administration fee 1 Per FT/Per

Measure Unit Cost Total

12 Dockside Vessell Recovery - Salvage

(Length overall of vessel at dock or marina - includes pumps, bags, all necessary equipment and personnel to raise vessel)

1 Per FT

13 Inland Open Water (Length overall of submerged vessel, near surface, in a protected body of water - includes pumps, bags, and all equipment and personnel to raise vessel)

1 Per FT

14 Gulf of Tampa Bay (Length overall of submerged vessel near surface in

Tampa Bay - not protected body of water - includes pumps, bags, all necessary equipment and personnel to raise vessel)

1 Per FT

15 Special Circumstances (this rate applies when the job exceeds the parameters above and other factors apply outside the control of exceptional circumstances arise, i.e.

debris on top of vessel, remote locations, excessive delays. Requires pre-approval from Procurement &

Supply Management Department)

1 Hour

16 Transport to Yard - Hook Up (Drop trailer at ramp, hookup and transport) 1 Job

17 Transport to Yard - Labor to hook up 1 Hour

18 Mileage (From ramp to yard) 1 Mile

19 City Paid Maximum Fees - Towing

Services (Weekdays, Weekends, &

Holidays - per published rate up to a maximum of 2 hours)

1 Job

Measure Unit Cost Total

20 City Paid Maximum Fees - Recovery

(Weekdays, Weekends, and Holidays -recovery from grounded or sunk position to be determined on a case by case situation based on Contractor's published fees)

1 Job

TOTAL

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 3:00 pm on Thursday, December 12, 2024. Questions will be answered via City's online sourcing system no later than NO VALUE on NO VALUE. 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/126060 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/126060 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.Swinson@stpete.org or by mail to P. O. Box 2842, St.

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

6.15. Protest

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

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

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

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

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

(4) The relief sought.

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

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

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

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

6.16. Public Entity Crimes

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

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. Insurance

7.1. Pollution Liability

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

Coverage shall also…