Scooter_Share_Program_(Addendum_#2_Revision).pdf

RFP- 25 - 002

SCOOTER SHARE PROGRAM

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: January 10, 2025

DEADLINE FOR QUESTIONS: January 24, 2025

RESPONSE DEADLINE: February 4, 2025, 9:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Scooter Share Program

I. Introduction

II. Solicitation Information

III. Evaluation Criteria

IV. Vendor Questionnaire

V. Scope of Work

VI. General Terms

VII. Insurance

Attachments:

A - Attachment A - Proposal Submittal Requirements

B - Attachment B - Sample - Payment & Performance Bond (00525850)

C - Attachment C - Terms and Conditions

D - Attachment D - Service Area Map

#RFP- 25 - 002

Title: Scooter Share Program

1. Introduction

The City of St. Petersburg (“City”) is soliciting proposals from qualified firms to provide and manage all physical and operational elements as a service provider of a publicly available motorized Scooter Share program (“Program”). Contractor shall provide all labor, materials, supervision, tools, equipment and vehicles necessary to facilitate the motorized scooter share program.

1.1. Summary

The City of St. Petersburg is Florida’s fifth-largest city with approximately 250,000 residents and 700,000 visitors each year. With moderately temperate weather year-round, a great city-grid roadway network, relatively flat terrain, and great urban destinations, St. Petersburg is set up to be a premier walking and bicycling city and an ideal candidate for a robust Scooter Share Program. The City has been ranked 4th for economic growth for Mid-sized Cities[1] and 2nd as a Traveler’s Choice: Best of the Best

Destination[2] in part because of our thriving Downtown and the many business districts extending from

Downtown including the EDGE, Grand Central, Deuces Live on 22nd Street South, and 4th Street. St.

Petersburg has a burgeoning arts and cultural scene with popular destinations such as the Dali Museum, the James Museum, the Museum of Fine Arts, and the forthcoming Museum of American Arts and Crafts

Movement. Currently, the City of St. Petersburg has one scooter operator providing seated and standing scooters, of up to 885 vehicles, with roughly 300,000 annual trips during operational hours that span 5am to midnight daily.

The City has worked diligently to significantly increase its bicycle infrastructure by constructing over 120 miles of bicycle facilities citywide through the implementation of the City Trails Bicycle and Pedestrian

Master Plan that was adopted in 2003 as well as the Complete Streets Implementation Plan, adopted in

May of 2019. In doing so, the City has made considerable progress in providing a network that allows people to choose additional transportation modes, such as walking and bicycling, that are an alternative to single-occupant vehicles and naturally supports motorized scooter use. The Pinellas Trail is the primary artery of St. Petersburg’s pedestrian and bicycle network and connects the residential areas with a separated multi-use facility by which to access Downtown St. Petersburg. On-street bicycle infrastructure, in the forms of bicycle lanes and a tight-grid of low speed/low volume streets, connect with the trails for a seamless network of available bicycle routes that are available for use within a motorized

Scooter Share Program.

In addition to the environment within St. Petersburg that supports a motorized Scooter Share Program, the

City has adopted a micromobility ordinance related to micromobility devices and micromobility service providers which provides a regulatory framework for the Program. Notably, the City prohibits the use of motorized scooters on sidewalks and along certain trails, governs them to a maximum speed of 15mph, and requires that they are used within bike lanes, if available, and upon low-speed streets. The City requires micromobility devices to be parked only at designated micromobility parking areas. Further, the

City requires micromobility providers maintain insurance coverage as described within the City’s micromobility ordinance.

Under this Request for Proposals (RFP), the City of St. Petersburg seeks to continue scooter share service with approximately one (1) to three (3) operators. Offerors are solicited to be provided a license to operate motorized scooter share equipment and provide scooter share operations and management services according to certain minimum program requirements. Each Offeror shall set forth a cost proposal for City consideration with the potential fiscal impact to the City based on each proposal considered as one of the evaluation criteria. Previously, the City has agreed to an annual right-of-way use fee of roughly $250 per scooter billed monthly. The City understands the volatility of the micromobility market and understands that proposals may propose lower fees that would be paid by the Operator to the

City for use of its rights-of-way. The City is open to agreeing upon a lower right-of-way use fee, which could be associated with a per-trip fee. The proposed cost by the Offeror will be considered by the City as a part of the evaluation balanced with other Program requirements.

[1] https://www.coworkingcafe.com/blog/top-cities-for-economic-growth/

[2] https://www.tripadvisor.com/TravelersChoice-Destinations-cTrending-g191

1.2. Contact Information

Christiaan Cavallaro Procurement Analyst P.O. Box 2842 St. Petersburg, FL 33731 Email: christiaan.cavallaro@stpete.org Phone: (727) 893-7224

Department:

Transportation & Parking

1.3. Timeline

*Timeline is subject to change

Solicitation Published January 10, 2025

Pre-Proposal Meeting (Non-Mandatory) January 17, 2025, 8:30am

Municipal Services Center (MSC Building) One

Fourth Street North St. Petersburg, FL 33701 Conference Room 600 (CR 600)

Deadline for Questions January 24, 2025, 8:00am

Deadline for Submittals February 4, 2025, 9:00am mailto:christiaan.cavallaro@stpete.org tel:(727)893-7224

2. Solicitation Information

2.1. Submission or Receipt of Proposal

Proposals will be received through the City’s online bidding system no later than 9:00 am on Tuesday, February 4, 2025.

2.2. Standard for Award

The City will award to one vendor whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the price and the evaluation criteria set forth in this solicitation. All awards are contingent on the Vendor meeting the minimum qualifications outlined in this solicitation.

The City reserves the right, at any time, to evaluate more vendors for inclusion on the list of approved vendors. All Vendors must meet the minimum qualifications outlined in this solicitation.

2.3. Selection Process

A. Short-Listing. Where there are multiple responsive proposals to the solicitation, a short-listing of two or more Vendors may be made. Negotiations as outlined in City Code Section 2-193 (g) will begin with the selected Vendors on the short-list. If there is only one responsive proposal, negotiations may proceed with a single Vendor.

B. Negotiations. The City may conduct discussions (negotiations) with short-listed Vendors to clarify and understand proposals and to provide responses to post-proposal opening and modifications to the solicitation specifications that are in the best interest of the City and that do not significantly change the scope or purpose of the project for which the solicitation was issued

(“negotiation subjects”). During the negotiation process, short-listed Vendors will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals related to negotiation subjects for the purpose of preparing their best and final offer which may be requested and received by the City prior to the conclusion of the negotiation process. If modifications are made as a result of these discussions, they will be put in writing. Following discussions, the City may set a time and date for the best and final offers from those Offerors with whom discussions were held. Proposals may be reevaluated after receipt of the best and final offers.

C. Award without Discussion. The City may award the Agreement on the basis of initial proposals received, without discussions. Therefore, each initial proposal should contain the Vendor’s best terms in relation to all relevant evaluation criteria.

2.4. Submittal Requirements

Please reference: Attachment A - Proposal Submittal Requirements

2.5. Performance and Payment Bond

If applicable, the annual bond amount will be equal to the one-year amount of a multi-year agreement.

https://procurement.opengov.com/portal/stpete/projects/120413

3. Evaluation Criteria

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of Firm:

Please reference: Attachment A - Proposal

Submittal Requirements Section 1.

0-10 Points 20 (18.9% of Total)

2. Firm's Qualifications and Technical

Competence:

Please reference: Attachment A - Proposal

Submittal Requirements Section 2.

0-10 Points 15 (14.2% of Total)

3. Project Approach / Operations Plan:

Please reference: Attachment A - Proposal

Submittal Requirements Section 3.

0-10 Points 35 (33% of Total)

4. Demonstrated Operations Readiness and

Proposed Schedule:

Please reference: Attachment A - Proposal

Submittal Requirements Section 4.

0-10 Points 5 (4.7% of Total)

5. Past Performance on Similar Projects and

Demonstration of Successful Implementation of Scooter Share:

Please reference: Attachment A - Proposal

Submittal Requirements Section 5.

0-10 Points 25 (23.6% of Total)

6. Is the Vendor a City of St. Petersburg certified SBE?

Pass / Fail 2

(1.9% of Total)

7. Is the Vendor a City of St. Petersburg certified MBE?

Pass / Fail 2

(1.9% of Total)

8. Is the Vendor a City of St. Petersburg certified WBE?

Pass / Fail 2

(1.9% of Total)

4. Vendor Questionnaire

4.1. General Information

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

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

☐ No

*Response required

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

☐ No

*Response required

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

☐ No

*Response required

4.1.4. Address for Headquarters location.*

*Response required

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

4.1.6. Contact Information for Contact Person.*

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

• Name

• Title

• Phone

• Email

*Response required

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

*Response required

4.1.8. Year the Company was Founded.*

*Response required

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

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

4.1.11. Company’s bank of record.*

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

*Response required

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

*Response required

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

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

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

*Response required

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

Florida Statute §286.101 (3)(a).

4.1.20. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation.* ☐ Yes

☐ No

*Response required

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

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

☐ No

*Response required

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

4.1.24. List all claims that the offeror has been a party to within the last five years arising out of scooter operations wherein the municipality was also named.

Please state what, if any, claims were paid by the offeror and not the municipality. * *Response required

4.1.25. List and describe any contracts for similar services that the offeror was requested to indemnify the City and/or its agents within the last five years.

Describe the facts and status of any such request.* *Response required

4.1.26. List and describe any insurance policy exclusions that may inhibit your ability to meet indemnification obligations or that have been the basis of denial of claims by your insurance carrier. * *Response required

4.1.27. List and describe any contracts for similar services that the offeror failed to complete for similar services. Describe the facts and status of any such contract.* *Response required

4.1.28. Confirm that vendor agrees to the insurance and indemnity requirements without exception. * ☐ Please confirm

4.1.29. List any exceptions taken to the Terms and Conditions, specifications, or other requirements listed in this solicitation. You must reference where exception is taken, a description of the exception, and the proposed alternative, if any. The

Terms and Conditions, specifications and other requirements of this solicitation shall be deemed accepted by the offeror unless excepted to in accordance with this section and will be used to form the basis for an

Agreement with offeror. * *Response required

4.1.30. Upload your submittal “Proposal Requirements”*

5. Scope of Work

5.1. Intent

The City of St. Petersburg (“City”) is soliciting proposals from qualified firms to provide and manage all physical and operational elements as a service provider of a publicly available motorized Scooter

Share program (“Program”). Contractor shall provide all labor, materials, supervision, tools, equipment and vehicles necessary to facilitate the motorized scooter share program.

5.2. Contract Term

The term of the Agreement (“Term”) shall be for a period of three years from the date of award, with one two-year renewal option by mutual agreement.

5.3. Payments to the City

The City and Operator(s) will agree upon a fee schedule for the Operator’s use of the City’s rights-of-way to facilitate the Program. Such fees are used to facilitate maintenance of the City’s rights-of-way and the equipment the City will provide that supports the program, such as flexible posts and pavement markings. Typically, the City invests any surplus revenues towards roadway improvements that support scooter and bicycle use. The amount will be billed monthly and based upon, at a minimum, the number of devices authorized. Offerors may propose a base fee per month per device plus a per trip fee calculated in arrears. Invoices should be payable to the City with payment due to the City within thirty (30) days of the date of the invoice.

Nuisance Scooters will result in damages to the City that are extremely difficult and impractical to determine and for which the City’s remedies at law will not be adequate. Accordingly, as a fair and reasonable estimate and liquidation of the City’s damages and not a penalty, for each nuisance e-scooter, Operator shall pay the City an amount equal to $50. Acceptance by the City of such liquidated damages shall not be deemed permission for the Operator to continue such violation, and shall not preclude the

City from seeking any other remedy (other than damages) for such violation including, without limitation, suspension, or termination of the agreement.

5.4. Minimum Qualifications

A. Shall have been in the business of successfully providing motorized scooter share equipment, operations, and management services as described herein and demonstrate proof of successful operations for a minimum of one (1) year and in a minimum of three (3) cities or campus environments and provide references from at least three (3) cities or campus environments where equipment has been deployed and operational.

B. If requested, shall provide evidence of financial stability and viability to fulfill the commitments of this agreement.

C. Shall have the ability to obtain the minimum insurance requirements set forth in this agreement.

Vendor must provide a current Certificate of Insurance on an Acord Form with proposal.

5.5. Vendor Responsibilities

A. Fulfill all the requirements of the RFP listed herein.

B. Provide all equipment, technology, and services necessary to provide and manage the physical and operational elements as a service provider of publicly available motorized scooters.

C. Incur all costs and expenses for permits and licenses required to perform the services described in this

RFP.

D. Comply with all applicable Laws, including but not limited to the Americans with Disabilities Act.

E. Shall have been in the business of successfully providing motorized scooter share equipment, operations, and management services as described herein and demonstrate proof of successful operations for a minimum of one (1) year and in a minimum of three (3) cities or campus environments and provide references from at least three (3) cities or campus environments where equipment has been deployed and operational.

F. If requested, provide evidence of financial stability and viability to fulfill the commitments described herein.

G. Demonstrate ability to obtain the minimum insurance requirements described in this RFP.

H. Demonstrate ability to acquire the equipment required to provide services within an established timeframe from City’s notice to proceed.

I. Demonstrate willingness to work cooperatively with any third-party vendors the City may utilize.

J. Provide a minimum of one (1) full time locally based employee who is responsible for local market needs.

K. Ensure that employees have a clean background check before engaging in work with any sensitive customer information, including but not limited to, financial information.

L. Furnish each field technical employee and agent with proper photo identification badges exhibiting

Operator(s) name and the employee’s name to be worn while providing on-site services under this

Agreement.

M. At the time of each update that is applicable to users within St. Petersburg, provide to the City the most current version of the Operator’s User Release and/or liability waiver.

N. Operator(s) shall make available a Program Manager and Account Manager to oversee specific aspects of the Program. The Program Manager may be the same as the Account Manager, provided they meet all qualifications for both positions defined below:

1. Operator(s) shall provide a Program Manager whose responsibilities shall include, but are not limited to, procurement and operations of motorized scooter share system, managing Operator(s) team, meeting scope of work, submitting reports, and receipts to City.

2. The program manager shall not be replaced or substituted without the prior approval of the

City. The City may request a personal interview with the short-listed firm’s proposed program managers. The key program manager or their approved substitutes shall be available for all meetings.

3. Operator(s) shall provide contact details for the points of contact outside normal business hours, if they differ from the normal points of contact.

4. Operator(s) shall provide an Account Manager whose responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting, and issue resolution during normal business hours.

5. Account Manager should only be changed with approval by City. In the event the Account

Manager is no longer employed with the Operator(s), a new Account Manager must be appointed immediately, and their contact information shall be made available to the City upon appointment.

O. Must acquire and deploy equipment within thirty (30) days following an issuance of a Notice to

Proceed by the City.

5.6. City's Responsibilties

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

A. Provide a single point of contact (Project Manager) to administer the Agreement.

B. Provide the Operator(s) with description, contract, and scope of work.

C. Provide timely review and feedback on reports, inquiries, and general performance.

D. Provide equipment/infrastructure within the public right-of-way associated with the Parking Areas.

5.7. Requirements

Program Equipment and Hardware

A. Motorized scooters shall be of a quality that is sufficient to maintain an attractive appearance and remain in good working order at all times.

B. Motorized scooters shall have a uniform coloring scheme that makes the system easily identifiable.

C. Each motorized scooter shall have a unique identifying number with no letters that is clearly visible from at least two sides and from a reasonable distance even while the scooter may be in motion.

D. Motorized scooters shall use a self-generating auto-on lighting system with front headlights and rear taillights that comply with Florida statutes.

E. Motorized scooters shall include front, rear, and side reflectors.

F. Motorized scooters shall include equipment that is preferential to deter vandalism and alleviate opportunities for malfunction during use, including but not limited to battery tampering.

G. Motorized scooters shall each have self-locking capabilities, a kickstand, an audible alert, as well as some form of tip-over technology and communications technology that can alert the Users and

Operator(s) of devices that are not in proper parking/storage positions. Motorized scooters that are tipped over or otherwise improperly parked shall be considered Nuisance Scooters if left unattended and not corrected within certain periods of time as noted previously.

H. Motorized scooters that include a seat should include a basket and/or other means for carrying small cargo that may weigh up to 20lbs.

I. A technological demonstration to the City shall be provided which allows the City to verify the operators’ successful implementation of applicable geofencing techniques to promote proper parking location and techniques and deter from improper riding behavior and improper parking location and techniques. This includes establishment of both no-riding and no-parking zones.

5.8. Program Equipment Deployment

A. The City envisions a Program service area and locations comparable to the existing Scooter Share program and parking areas, with possible expansion along corridors such as the Pinellas Trail to the west and the Skyway Trail to the south. Please reference Attachment D - Service Area Map.

B. The City shall manage the designation and marking of all Program parking areas. The City shall provide sufficient parking capacity, determined at its sole discretion, for the number of deployed motorized scooters and at intervals that contribute to the success of the Program.

C. Operator(s) may identify and develop parking areas on private property provided the Operator(s) obtains an agreement with the landowner, provides a copy of such agreement to the City, secures a public easement specifying unrestricted access, and assumes responsibility for all costs associated with such agreement(s). Such parking areas shall be open to the general public at all times.

D. The City has a preference for equipment that remains free of advertising and sponsorship material;

brand identification is permitted and encouraged. If advertising and sponsorship are required, the City shall retain as much approval control for any advertising and sponsorship content and design as the law will allow and will develop Sponsorship Guidelines for which the Operator(s) will be expected to abide. Advertising materials shall not include any content that is rude, crude, or references alcohol/tobacco.

E. The Program should be dynamic to accommodate transit expansions or service changes including but not limited to new routes, new vehicle types, new transit stations or intermodal facilities, and new transit rider technologies such as: Smart fare cards and/or universal passes, new mobile operating systems, and app development.

F. Deployment of the equipment should allow for easy adjustment of capacity in response to changing demand and/or other requirements by the City including but not limited to temporary relocation for the many special/major events or construction activities. Operator(s) are responsible for moving equipment and modifying any necessary geo-fencing for said special events/construction upon notification from the

City.

5.9. Operations

A. Operator(s) shall be responsible for the acquisition, development, hosting, and maintenance of program website, application(s), registration/reservation system, and social media platforms.

B. The Program shall have operational hours as approved by the City such that no rides are initiated following the end of the operational day and rides are concluded within 15 minutes of the end of the operational day. The current Program has operational hours that are between 5am and midnight daily.

C. Operator(s) shall monitor distribution of equipment across the service area. If distribution is skewed, based upon criteria mutually agreed upon by the City and Operator(s), then Operator(s) will re-distribute the motorized scooters accordingly in a timely fashion.

D. The user fee and trip duration limits structure should reflect the Program goals with regard to expected user types and transportation access. The City suggests that a range of casual and recurring membership options be provided, including discounted student, monthly, and annual rates.

E. Users shall be provided a means to easily and immediately communicate any observed equipment issues to the Operator(s).

F. Operator(s) shall provide 24/7/365 live customer service via a call center and live chat functionality to address Program user questions and issues.

G. Operator(s) shall develop and require users take a short electronic quiz/test that would cover general regulations applicable in St. Petersburg and specific safety tips that promote safe behavior before initiating their ride in St. Petersburg. This quiz/test would be in addition to any Waivers or User

Agreements required.

H. Operator(s) shall prepare and deploy mechanism to present and obtain compliance with program safety information that reflect legal requirements imposed by Florida statutes and City ordinances of which casual or visiting cyclists may not have immediate knowledge. These topics include but are not limited to the legal status of motorized scooters as bicycles, the City prohibition of motorized scooter operations from sidewalks and the Pier district, proper roadway lane positioning, and any other general and specific safety tips that promote safe behavior such as discouraging sidewalk riding and riding predictably with the flow of traffic.

I. Operator(s) shall be responsible for the creation, printing, and distribution of any program promotional materials including but not limited to brochures, maps, posters, advertising media, event fliers, coupons, etc.

J. Operator(s) shall host a minimum of two (2) education events annually which can provide public trainings and demonstrations to promote safety. The City strongly prefers each Operator(s) to host one (1) every six (6) months.

K. Operator(s) shall provide evidence of a detailed contingency plan for severe weather events in compliance with applicable Laws.

L. Operator(s) shall work cooperatively with the City regarding any media inquiries and statements about the Program.

5.10. Data

A. Operator(s) shall track all data types outlined herein, and immediately notify the City of any breach of the established minimum service levels.

B. Real-time information shall be made available to the City and users via all available platforms on the locations of available motorized scooters or full parking areas.

C. The City, may at its option, engage with a third-party such as a data aggregator to develop any analysis of the data reported to the City. Operator(s) shall work cooperatively with that organization to share data in the format requested which will include both Mobility Data Specification (MDS) and General

Bikeshare Feed Specification (GBFS). The City expects Operator(s) to conform to the latest editions of the data feeds.

D. In keeping with the City’s efforts to increase the use of micromobility as a transit option and first-mile/last-mile solutions, upon request by the City and within five (5) business days of the request, Operator(s) will also be required to provide data to Pinellas Suncoast Transit Authority (PSTA) in a format that is easily accessible for their transit planning and operational needs.

E. The Operator(s) shall provide a publicly accessible Application Programming Interface (API), clearly posted on the Operator’s website that shows, at minimum, the current location of any services available for use at all times. A smart phone-based application used to access the Operator’s services does not qualify as a publicly accessible API. Operator(s) may not change the API URL without notifying the City with at least 30 days’ notice. Operator(s) are required to make the API endpoint available for public consumption. The public API need not be available without authentication; however, any member of the public, including commercial entities (such as the PSTA’s endorsed mobile trip planning application, Transit), must be able to gain access to the data provided by the API by requesting access through a web interface.

F. Operator(s) shall provide to the City a publicly accessible API that meets the requirements of the latest

GBFS version. If the Operator operates more than one type of vehicle, they must provide a separate

GBFS per vehicle type. Operator(s) shall also provide this to PSTA upon request by that agency.

5.11. Equity

A. Program should allow for easy check-out and return regardless of membership type (annual or casual) or the means by which the system is accessed (via credit card, web, app, on-site RFID or codes).

B. Program materials and directions should be clear to those who may not be familiar with the area or the

English language.

C. Accessibility to the Program should be fair and inclusive. A clearly delineated effort to maintain access across all socio-economic levels shall be established in keeping with the City’s Vision.

5.12. Reporting

A. Upon request by the City, Operator(s) shall provide monthly reports to the City that include the current status and progress in completing the work described in the Scope of Work and data collected as a result of Program operations over the prior month and cumulatively since the initiation of Program operations. The monthly reports and data are due in digital format no later than the 15th day of the following month.

The Program operations data to be submitted with the monthly reports includes but is not limited to the below items:

1. Operational - Summarized data in pdf format and complete raw data in useable Excel or CSV formats are required. Visualization tools and graphics are encouraged.

2. Outreach and education efforts

3. Customer satisfaction – Call center activity, response times, and issues reported

4. Reports of any significant maintenance issues

5. Crashes, theft, vandalism, or any other incidents

6. Other information that may be beneficial to demonstrating achievement of Program Goals

5.13. Payments to the City

A. The City and Operator(s) will agree upon a fee schedule for the Operator’s use of the City’s rights-of-way to facilitate the Program. Such fees are used to facilitate maintenance of the City’s rights-of-way and the equipment the City will provide that supports the program, such as flexible posts and pavement markings. Typically, the City invests any surplus revenues towards roadway improvements that support scooter and bicycle use. The amount will be billed monthly and based upon, at a minimum, the number of devices authorized. Offerors may propose a base fee per month per device plus a per trip fee calculated in arrears. Invoices should be payable to the City with payment due to the City within thirty (30) days of the date of the invoice.

B. Nuisance Scooters will result in damages to the City that are extremely difficult and impractical to determine and for which the City’s remedies at law will not be adequate. Accordingly, as a fair and reasonable estimate and liquidation of the City’s damages and not a penalty, for each nuisance e-scooter, Operator shall pay the City an amount equal to $50. Acceptance by the City of such liquidated damages shall not be deemed permission for the Operator to continue such violation, and shall not preclude the

City from seeking any other remedy (other than damages) for such violation including, without limitation, suspension, or termination of the agreement.

5.14. Goals

A. Motorized scooters readily available for trips within the service area, particularly those that are too long for walking and too short for driving.

B. Safe, affordable, and equitable mobility option supporting the City’s parking and transit systems.

C. Amenity that improves the quality of life for downtown and surrounding neighborhoods by stimulating economic development and encouraging healthy physical activity.

D. High rates of customer satisfaction for residents and visitors.

5.15. Definitions

A. Motorized scooter shall mean the motorized scooter device that is defined by F.S. 316.003 and City

Code. Also referred to as e-scooter, scooter, or micromobility device.

B. Parking Areas shall mean those areas, including ingress, egress and approaches thereof and thereto, designated as a micromobility parking area that includes motorized scooters. Also referred to as corrals or hubs.

C. Bike Lane shall be defined as a portion of the roadway that has been designated by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists.

D. Low speed street shall be defined as a street or roadway with a posted speed limit of thirty (30) miles per hour or less.

E. Shared Use Trail shall mean transportation infrastructure that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right of way or within an independent right of way. Shared use trails may be collectively used by pedestrians, skaters, persons using wheelchairs or other assistive devices, joggers, and other non-motorized users.

F. Laws shall be as defined in the Terms and Conditions attached hereto.

G. Nuisance Scooter shall mean a scooter that is improperly parked and remains uncorrected following notification to the Operator for an extended period such that it has a negative impact on the City and its resources. Circumstances surrounding the improper parking will dictate whether the improper parking rises to the level of being a Nuisance Scooter. Those circumstances and timeframes are as follows:

1. Parked outside of a Parking Area – 60 minutes.

2. Tipped over – 60 minutes.

3. Sidewalk Obstruction leaving clearance of less than 3 feet – 30 minutes.

4. Travel and bicycle lanes obstruction – 30 minutes.

5. Transit stops obstructions – 30 minutes.

6. Environmentally sensitive area– 60 minutes.

7. Unauthorized private property – 60 minutes.

8. Rebalancing off-hours – 2 hours.

9. Operational during off-hours – any time a trip is initiated during off-hours, and any trips not concluded within 15 minutes of the end of operational hours.

10. Other obstructions and nuisances – 2 hours.

11. Other unauthorized areas – 2 hours.

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 8:00 am on Friday, January 24, 2025. 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/120413 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/120413 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.

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 https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete https://procurement.opengov.com/portal/stpete/projects/120413

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…