Recycling_Processing.pdf

IFB- 24 - 081

RECYCLING PROCESSING

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: March 11, 2024

DEADLINE FOR QUESTIONS: March 21, 2024

RESPONSE DEADLINE: March 28, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Recycling Processing

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Special Terms: Service Contract Exceeding $200k

VIII. Insurance

Attachments:

A - Weigh Scale Ticket

B - Base Agreement

C - Bid Page

#IFB- 24 - 081

Title: Recycling Processing

1. Introduction

1.1. Summary

The city provides drop-off collection of commingled and source-separated recyclable materials from its residents and businesses and needs a convenient way to process such recyclable materials.

1.2. Background

Currently, the city's Sanitation Department collects mixed paper, mixed containers, sorted glass and cardboard from residents at drop-off centers. Drop-off materials are collected by the Sanitation

Department by roll-off trucks. Cardboard only is collected in commercial front-end loaders. All the mixed paper, mixed containers, sorted glass, and cardboard are collected and transported by the city's Sanitation

Department to a third party's facility centrally located for sorting and recycling.

Last year the Sanitation Department collected 236 tons of mixed paper, 83.69 tons of mixed containers,

86.45 tons of sorted glass, and 1,234 tons of cardboard.

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:

Sanitation

1.4. Timeline

*Timeline is subject to change

Solicitation Published March 11, 2024

Pre-Proposal Meeting (Non-Mandatory) March 19, 2024, 10:30amhttps://zoom.us/j/91950706496

Deadline for Questions March 21, 2024, 3:00pm

Deadline for Question Response March 22, 2024, 3:00pm

Deadline for Submittals March 28, 2024, 3:00pm mailto:kaela.williamson@stpete.org tel:(727)892-5297 https://zoom.us/j/91950706496

Anticipated Recommendation of Award to

City Council

May 2, 2024

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, March

28, 2024.

2.2. Standard for Award

The City will award to multiple vendors 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

The following documents are required to be considered responsive:

• Upload a completed Bid Page pdf document

• Upload an electronic copy of bid bond https://procurement.opengov.com/portal/stpete/projects/80789

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. Is the Vendor a City of St. Petersburg certified SBE? * ☐ Yes

☐ No

*Response required

3.1.3. Address for Headquarters location.*

*Response required

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

3.1.5. Vendor confirms it has at least one drop-off site located in Pinellas County within 15 miles from the Sanitation Department located at 2001 28th Street N., St. Petersburg, FL 33713 for acceptance of deliveries by the City.* Confirm acknowledgement and enter location address of the drop-off site.

*Response required

3.1.6. 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

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

*Response required

3.1.8. Year the Company was Founded.*

*Response required

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

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

3.1.11. Company’s bank of record.*

3.1.12. 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

3.1.13. 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

3.1.14. 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

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

3.1.18. 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

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

Florida Statute §286.101 (3)(a).

3.1.20. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation (see "Base Agreement" attachment)..* ☐ Yes

☐ No

*Response required

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

3.1.22. Vendor acknowledges the requirement to upload a completed bid page (see attachment Bid Page) to this question.* Confirm acknowledgement and upload completed bid page.

*Response required

3.1.23. Vendor will upload document detailing fees/discounts offered to the City.* Additional fees should detail cost per ton. Confirm acknowledgement.

*Response required

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

☐ No

*Response required

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

3.1.26. Disadvantaged Worker Utilization Plan Worksheet

Please download the below documents, complete, and upload.

• Apprentice-Disadvantaged_Wo...

3.2. Service Contracts Over $200,000

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

☐ Yes

☐ No

*Response required

3.2.2. If YES, does the vendor agree to comply with the living wage requirements set forth in the St. Petersburg City Code? * https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1274/4ae09994-4b87-4082-99b5-6562cb8e9e89_Apprentice-Disadvantaged_Worker_Utilization_Plan_Worksheets_10-20-2020.xlsx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4PVPGL5CE%2F20240311%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240311T184758Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjECsaCXVzLXdlc3QtMiJHMEUCIQCD2YeSU6XJxXFEBdwg6S6f1NBK%2BNvOrQe8O2H1odlKEgIgY3cvgGSfnLkSlWm4UKV5U9OXckO4TK0f2CjBFnrqsK8qjQUINBACGgw4OTIzNjQ2ODc2NzIiDD2iy7JfUdktzCHnBSrqBMPRVcYcj9fBzieaT8wA3InfKDI2Eoc6Eg%2FeumwoLQMakhwypgXHQvDQgmNaEJuliIPZoA5Njbth6fzaeR7AnatFF%2B0li%2FAHRC837IXhCOyW5YqcoHDhxHw%2Bu5G78O1pk6BID22wf%2BnuFA5wjPJfxEoDsJdA7%2F5dOqv%2B4CRo1TyubcA8mz8iAQ%2Bgs%2BvAF6HLD8qJChyUIASSGHhm%2FyIhCg8ezmQIQzmI0hWJZGL8qzZIFYcEVQZZTQWriQxbPewjbHhImoDw0vhMKFLQBL0G2ujOAiF%2BIBbUXikOSH8DB0o6KhurPcvrQqYI%2FBlkdMX8b8l7LHDmw85a6mCUAwtFnBpouuAekLwHhNqU7Z5exShb1BXC%2BIdPB2Bo39f2mrY1J836Ym9TPHREOoGbVMejdF6sDdezDhepcoNImXK6G%2FU6%2FMh2vTTFgs2g8bwuAbxO3MqNaGnlB7Gcrf%2BixWll%2FppLMY78ufmsPKiFZGmKjToVNwH%2FXIVZ2axweVBnrB7KSDCPzuKlMP2kEk4hVl2RYMKXetXDilmeLhbPkbnx82UoCBMZaU5IY9gQ%2FbVAQjQJ%2BkziSzstcSCiXEuULboVhahJoZqt%2Fk7sf1aY67tp6SjI95H76zMouiWH1hQtNGlrTvkypDezDG35MJJtw9xD1UprkhgGLw7mSaDCd0XQAY6yPGxHO3dZyNlFfcAv7kfxIg6lYmbzkZe95KSaM%2FuoMzRxGZlu2IHogsNh00yIKbNAXGJkf4Xaj64VmbyozsqUv1mQaVPPZ6B8OcPYQbaYqEfNBzBd2w5gDsJ770MjT738hBn2jSsOMT5VijCdnL2vBjqbAUAqszuLuvR9KEU71%2FdHN1Wh5sZRI3KqAPTZZeGYQs1BcQmR4QBqDzfM1w%2FGB1HBb2F1LO6dzZHBKoP9dfA%2Bn0ucUNASARSjRph14%2BFReE36hRhVgKGwq75OH1Te5uatYnxRDiDdFPMWEFowtmt3T6fkvUytfjLorOU1LrCglux7g0UWYqtJcNzVC%2FpAJSaUD7k%2F1OQir91UNmL9&X-Amz-Signature=ef9f9ce3618091a7bb1a80c24bc5e591be4dff3381ffd848d193f564147e2d57&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Apprentice-Disadvantaged_Worker_Utilization_Plan_Worksheets_10-20-2020.xlsx%22&x-id=GetObject

☐ Yes

*Response required

3.2.3. 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

4. Scope of Work

4.1. Intent

The City of St. Petersburg is soliciting bids from qualified vendors to provide recycling processing services to include acceptance, sorting, and recycling of Mixed Paper, Mixed Containers, Sorted Glass, and Cardboard five (5) full days per week, Monday through Friday. In addition, we are requesting vendors provide potential Saturday processing availability.

4.2. Contract Term

The initial term of the agreement can be proposed as five-years from June 1, 2024, with one, two-year renewal option provided such extension is mutually agreeable to both the city and Contractor. Processor must commit to accept volume no later the June 1, 2024.

4.3. Estimated Annual Expenditure

The City has received $22,000 in revenue in the past year. This is an estimate only and may vary.

Recycling rebates are subject to market commodity values.

4.4. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

1. Shall have at least one drop-off site within Pinellas County for mixed paper, mixed containers, sorted glass, and cardboard and located within 15 miles of the city's Sanitation

Department Operations facility located at 2001 28th Street N., St. Petersburg, FL 33713 for acceptance of deliveries by the City. Due to anticipated increase in the number of trips made by the City, increased fuel costs, and the man power needed to deliver the recyclables, the

City will not be delivering to drop-off sites accessible by Tampa Bay area bridges.

2. Have a minimum of three years corporate experience in accepting, sorting, recycling, and sale of mixed paper, mixed containers, sorted glass, and cardboard

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

(see attachment "Base Agreement")

4. Have the ability to meet the bonding requirements

5. Licensing, permits, certifications

a. Be registered with the State of Florida and Environmental Protection Agency (EPA) as a recycling entity.

b. Possess and provide a valid State of Florida Recovered Materials Certification (Chapter

62-722.400, Florida Administrator Code).

4.5. Vendor Responsibilities

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

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

Agreement.

a. Vendor is responsible for notifying the City in writing of any changes to the point of contact or contact information within three (3) business days.

b. Account Manager responsibilities shall include but are not limited to, overseeing all aspects of implementations, servicing, reporting, and issue resolution.

2. Vendor shall maintain minimum qualifications as stated herein for the term of Agreement.

3. Vendor shall provide a phone number and email address to the City that is actively monitored during business hours to contact Vendor.

4. Vendor shall sort, bale, and ship recyclable materials to market or deliver to city approved third parties for further processing and resale.

5. Vendor shall not dispose of any recovered materials, other than by sale, without the express written consent of the City.

6. Vendor shall be responsible for disposal, at no additional cost to the city, of any contaminants included in the recycling containers. Contaminants must be disposed of at a permitted facility.

7. Vendor shall own or have immediate access to all equipment required to provide services herein.

8. Vendor's drop off sites shall be open Monday through Friday during the business hours of

7:00 a.m.– 5:00 p.m. and Saturday 7 a.m.- 1 p.m., excluding City Holidays.

9. Vendor shall accept collection of recovered materials from the City on an on-call basis. The

Vendor shall notify the City within four (4) hours if it is unable to comply with accepting a scheduled collection delivery.

10. Vendor shall provide a monthly invoice to be received by the 10th day of each month with a detailed summary indicating the weigh ticket number, the description of recycled content, tonnage/poundage, unit prices, and total dollar amount of payment.

11. Vendor shall follow all federal, state, and local laws related to recycling services, including but not limited to Resource Conservation and Recovery Act (RCRA) and the EPA.

12. Vendor shall utilize personnel who are trained, as required by law, in the safe handling, packaging, transportation and regulatory law compliance of hazardous waste disposal for the provision of services.

13. Vendor shall furnish a weigh scale ticket (reference Attachment "A") that shall include commodity type, content weight, gross weight, date and time delivered.

14. Vendor shall process and market all recovered materials dropped off at the Contractor's facility.

15. Vendor shall share revenue generated from the sales of recovered materials delivered to

Contractor's Facility, in accordance with the Payment section of the scope.

4.6. City's Responsibilties

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

1. City shall provide a point of contact (City Project Manager) to administer the Agreement.

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

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

4. City shall transport and deliver collected mixed paper, mixed containers, sorted glass, and cardboard materials to the Contractor's designed collection site.

5. The city reserves the right to conduct inspections of Contractor's facility and place of business to determine that the business is fully operational and has the capacity to continue providing the services as described herein

6. The city reserves the right to verify Contractor's scale weight tickets at random by accompanying Contractor to the location where Recovered Materials are weighed at

Contractor's facility.

7. The city reserves the right to inspect Contractor's scales for accuracy.

8. City Project Manager shall schedule an initial inspection and review of recycling and disposal of mixed paper, mixed containers, sorted glass, and cardboard within 10 calendar days of the initial notice to proceed, and within 20 calendar days of all new recyclable materials added during the term of the Agreement. The inspection and review may be scheduled over multiple days if necessary.

a. 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.

b. City Project Manager will schedule a meeting with Contractor to review, discuss, and resolve all deficiencies. Notice of final resolution of all deficiencies shall be issued in writing and signed by Contractor and Project Manager, after which the Contractor shall assume full responsibility for performance.

4.7. Payment

A. Vendor's payment rate to the city shall be a dollar amount based on the Official Board Market, Southeast Index per gross ton or pound for mixed paper.

B. Vendor's payment calculation shall be based on current month in which deliveries are made by the City's Sanitation Department.

C. Vendor shall provide the City with confirmation of the index pricing applicable for the time period of the delivery with each payment.

D. Mixed Containers (MC) and Sorted Glass shall be based on Secondary Materials Pricing index for Atlanta/Southeast as published by Recycling Markets.Net at

(https://www.recyclingmarkets.net/secondarymaterials/ ). Recycling Materials.Net offers a free trial membership for one day of limited access to current prices.

E. Vendor shall make payments and furnish a detailed summary of sales to the City on a monthly basis by the 10th of each month for Mixed Paper, Mixed Containers, and Cardboard received from the City during the previous month.

1. Each payment shall be accompanied by a corresponding itemized tonnage or poundage report with the tipping record for each load.

F. Vendor shall provide the city with a copy of the Official Board Market - Southeast index for the current month's mixed paper and cardboard prices and Secondary Materials Pricing index for

Atlanta/Southeast as published by Recycling Markets.Net for mixed container pricing.

https://www.recyclingmarkets.net/secondarymaterials/

5. Cost Proposal

TABLE 1

Line Item Description Total Unit of

Measure Vendor

Price Grand Total

Paid to City

1 Grand Total from Bid Page Line J8

(highlighted in blue) 1 Total

TOTAL

MILEAGE CALCULATION

Line Item Description Quantity Unit of

Measure Cost to the

City Total

2 Miles from 2001 28th Street North to bidder's processing facility (Total from cell H12 - highlighted in orange).

1 Total

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, March 21, 2024. Questions will be answered via City's online sourcing system no later than 3:00 pm on Friday, March 22, 2024. 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/80789 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/80789 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 a bid bond 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.

The City reserves the right to award to a primary and secondary vendor, in which case, the lowest responsible bid overall shall be the primary vendor who shall be the primary source for all designed bid items. The next lowest responsive bid shall be the secondary vendor or back-up source for all designated bid items. The secondary vendor shall be utilized only if extenuating circumstances or non-compliance precludes the primary vendor from fulfilling orders for goods and services.

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 mailto:stephanie.swinson@stpete.org 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 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.

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. Commercial General Liability

Commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate in occurrences form. This policy must include coverage for bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability under this Agreement.

8.2. Commercial Automobile Liability

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

8.3. Worker's Compensation

Workers’ Compensation insurance as required by Florida law and Employers’ Liability Insurance in an amount of at least $100,000 each accident, $100,000 per employee, and $500,000 for all diseases.

8.4. Fidelity Bond or Commercial Crime Insurance

Contractor shall acquire general coverage of a fidelity bond, also known as an Employee Dishonesty

Bond, or Commercial Crime Insurance including employee dishonesty and clients' property coverage meeting the requirements in the minimum amount of one hundred thousand dollars ($100,000). The

Fidelity Bond or Commercial Crime Insurance shall be maintained for the Term of the Agreement.