26-0080LB_Landscaping_Services_at_FMY_Solicitation.pdf

PROCUREMENT OFFICE

11000 TERMINAL ACCESS ROAD

SUITE 8671

FORT MYERS, FL 33913

REQUEST FOR BIDS (RFB) 26-0080LB

for

LANDSCAPING SERVICES AT PAGE FIELD

RELEASED: July 1, 2026

DESIGNATED PROCUREMENT OFFICE CONTACT

Larene Brubaker, Sr. Procurement Agent

Telephone (239) 590-4614 ● Email: lebrubaker@flylcpa.com

Matthew Catoe, Procurement Manager Telephone (239) 590-4560 ● Email: mscatoe@flylcpa.com

NON-MANDATORY PRE-BID MEETING

Friday, July 10, 2026 at 9:00 a.m., local time

QUESTIONS/CLARIFICATION REQUEST DEADLINE

Friday, July 17, 2026 at 5:00 p.m., local time

BIDS DUE IN OPENGOV

Friday, July 31, 2026, before 2:00 p.m., local time

IMPORTANT

A prohibition against lobbying is in effect during the entire procurement process.

See Lee County Port Authority Procurement Manual, Section 4.4 and Part A.20 & B.02 for more information.

mailto:lebrubaker@flylcpa.com mailto:mscatoe@flylcpa.com

RFB 26-0080LB: LANDSCAPING SERVICES AT PAGE FIELD

NOTICE OF COMPETITIVE OPPORTUNITY

Lee County Port Authority (Authority) invites the submission of bids from interested and qualified individuals, corporations, partnerships and other legal entities authorized to do business in the state of Florida to compete to provide the items and/or perform the services specified in this Request for Bids (RFB). Solicitation documents are available at https://procurement.opengov.com/portal/flylcpa, powered by OpenGov.

NO LOBBYING

No prospective Bidder or representative of a Bidder will contact any Authority board member, Airports Special Management Committee (ASMC) member, or any Authority employee, either individually or collectively (other than the designated procurement office contact) using any form of communication (i.e:

text, call, email, zoom meeting, face to face meeting, etc. regarding this solicitation. This prohibition applies to any individual listed in the Bidder’s bid and any individual or agent representing the Bidder including any third party acting on Bidder’s behalf.

PRE-BID MEETING

A NON-MANDATORY PRE-BID MEETING and SITE VISIT has been scheduled for Friday, July

10, 2026 at 9:00 a.m., local time. This meeting will be conducted in person at Lee County Port Authority located at Page Field Base Operations, Pacific Seminar Room – 2nd Floor, 5200 Captain Channing Page Drive, Fort Myers, FL 33907. Potential Bidders are encouraged to attend the Pre-Bid Meeting. Attendees must have the ability to communicate with the Authority at this meeting and must provide a company and representative name for the attendance register and to also be able to ask questions or request clarifications.

The purpose of the Pre-Bid Meeting will be to discuss the requirements and objectives of this RFB and to hear any questions potential Bidders that may have questions about the RFB. At the Pre-Bid Meeting, the Authority may attempt to answer all questions received; however, no additions, deletions, or modifications to the requirements stated herein will be made unless and until the Procurement Office issues a written addendum to the RFB.

AMERICANS WITH DISABILITIES: Persons needing special accommodation to attend the pre-bid meeting should contact the Procurement Office at least five (5) days before the scheduled meeting.

DEADLINE FOR QUESTIONS AND CLARIFICATION REQUESTS

Inquiries or requests for clarifications of any information contained in the RFB must be received no later than Friday, July 17, 2026, by 5:00 p.m. local time. All inquiries, suggestions, or requests pertaining to this RFB must be submitted to the designated procurement contact on the cover page. This deadline has been established to maintain fair treatment for all potential Bidders, while ensuring an expeditious selection process.

PUBLIC OPENING OF BIDS

The Authority is accepting electronic bids in OpenGov until Friday, July 31, 2026 before 2:00 p.m.

Bids sent in any manner other than electronically to OpenGov will not be accepted. Hard copies, faxed bids, and electronically submitted bids sent directly to the Authority will not be accepted.

Bids must be in OpenGov prior to the deadline for submission. Bidders are responsible for taking all necessary steps to ensure that their bid is uploaded before the due date and time. The Authority is not responsible for technology and/or any other issues that cause the bid deadline to be missed. Bids will be opened publicly. The bid opening may be viewed remotely through Google Meet by accessing the following link:

meet.google.com/ocd-xhnq-svt or dial: (US) 475-222-3218 PIN: 229 191 238#

Rev: 3.24.2026 Page 2 of 61 https://procurement.opengov.com/portal/flylcpa http://meet.google.com/ocd-xhnq-svt

The Authority does not discriminate against individuals with disabilities. Any person needing special accommodations to attend a public meeting related to the RFB should contact the designated Procurement Agent for this solicitation at least 5 days before the meeting.

TITLE VI

The Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§2000d to 2000d-4) and the Regulations, hereby notifies all Bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, will be afforded full and fair opportunity to submit bids in response to this solicitation and no businesses will be discriminated against on the grounds of race, color, national origin, (including limited English proficiency), creed, sex, (including sexual orientation and gender identity), age, or disability in consideration for an award.

End of Notice of Competitive Opportunity

Rev: 3.24.2026 Page 3 of 61

PART A

INSTRUCTIONS FOR BIDDERS

Lee County Port Authority (Authority) invites the submission of bids from interested and qualified individuals, corporations, partnerships, and other legal entities authorized to do business in the state of Florida with demonstrated expertise in providing the goods and/services as described in this Request for Bids (RFB). In order to receive consideration, Bidders must meet the minimum qualifications stated in Part B and comply with the Instructions for Bidders contained in Part A. The Authority specifically reserves the right to reject any or all bids, to waive technicalities, to make inquiries, and to request additional information from all Bidders, and to select the bid which is, in the Authority’s sole discretion, judged to be in the best interest of the Authority.

Throughout this RFB, where reference is made to “Provider”, it means the successful Bidder(s) entering into an agreement with the Authority as a result of this RFB.

A.01 ELECTRONIC SUBMISSION OF BIDS

The Authority is accepting electronic bids in its online marketplace known as OpenGov at https://procurement.opengov.com/portal/flylcpa. Submission of bids before the deadline is solely and strictly the responsibility of the Bidder. It is the sole responsibility of the Bidder to take all necessary steps to ensure its bid is received by the due date and time. The Authority Procurement Office will not be responsible for delays caused by technological issues that may occur or for any other reason. The Bidder is hereby directed to cause submission of its bid in the electronic marketplace before the bid opening time. Hard copy or bids sent electronically and directly to the Authority will not be accepted. Faxed bids will not be accepted.

Vendors participating in procurement opportunities with the Lee County Port Authority can access help through OpenGov Support for any platform-related questions. To find self-service resources, visit the Help Center by clicking the blue question mark icon in the bottom-left corner of the Port Authority's e-Procurement portal: https://procurement.opengov.com/portal/flylcpa. There, you'll find step-by-step articles to assist with logging in, submitting bids, uploading documents, and other technical tasks.

Vendor Instruction Guide:

https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

All electronic documents must be PDF/A compliant and ADA compliant. PDF/A compliant documents have embedded fonts and do not reference external files. If applicable, layers must not be preserved from CAD drawings. Scanned documents must be created as PDF/A compliant, made text searchable, and have a minimum resolution of 300 dpi.

Bidder acknowledges that entry of the username, password and entry of the user’s full name and email address serves as a unique electronic signature for the submission of a bid. Bidder further agrees that only individuals with signatory authority will submit a bid in OpenGov.

A.02 RECEIVING AND PUBLIC OPENING OF ELECTRONIC BIDS

Bids submitted in response to this RFB will be electronically unsealed and read publicly after the time specified for receipt of bids stated in this RFB. The Authority reserves the right to extend this date and time for opening at Authority's sole discretion, when deemed to be in the best interest of the Authority. Bidders, their authorized agents and other interested persons are invited to attend the opening of bids remotely through electronic means by using the link to Google Meet that is provided on the Notice of Competitive Opportunity page of this RFB.

A.03 QUESTION AND CLARIFICATION PERIOD

It is the responsibility of each Bidder, before submitting a bid, to (a) examine the RFB documents thoroughly; (b) if applicable, visit the project site(s) to become familiar with local conditions that may

Rev: 3.24.2026 Page 4 of 61 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed affect cost, progress, performance or the furnishing of the work; (c) consider all applicable local, federal and state codes, laws, and regulations that may affect the work; and, (d) study and carefully correlate Bidder’s observations with the RFB documents. Bidder is required to notify the Authority of any conflicts, errors, or discrepancies in the RFB documents before submitting a bid.

Each Bidder must examine all RFB solicitation documents and must judge for itself all matters relating to the adequacy and accuracy of such documents. Inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the RFB documents must be made in writing and submitted in OpenGov under the “Question & Answer” tab on or before the deadline for questions and clarification requests. All questions received and responses given will be provided in the form of a written addendum to this RFB. The Authority will not respond to inquiries received after the published deadline.

A.04 ACCESSING SOLICITATION DOCUMENTS AND ADDENDA

The Authority uses an electronic marketplace managed by a third party provider, OpenGov, to distribute solicitation documents including addenda and bid results. Interested parties may register to receive this information free of charge by registering at https://procurement.opengov.com/portal/flylcpa or through the electronic link available at the Authority website https://www.flylcpa.com/business/procurement-and-vendors/. Companies must register with OpenGov to participate in any Lee County Port Authority solicitation.

A.05 ADDENDA

Each Bidder is required, before submitting a bid, to be thoroughly familiar with each and every requirement contained within the solicitation documents, including any addenda. No additional allowances will be made because of lack of knowledge of the requirements contained herein.

All Bidders must carefully review the bid documents in their entirety to become familiar with what is required, including information on all bid forms.

Interpretations, corrections or changes made by the Authority to this RFB will be made by written addenda. The Authority will not be responsible for oral interpretations given by any Authority employee, representative, or others, and Bidders are not entitled to rely upon any such oral statements. The issuance of a written addendum issued by the Procurement Office is the only official method whereby an interpretation, clarification or additional information will be given.

It is the responsibility of the Bidder, prior to submitting a bid, to determine if addenda to the RFB were issued and, if issued, to acknowledge and incorporate the same into Bidder’s bid. All addenda will become part of the bid documents as if contained in the originally issued solicitation documents.

A.06 PRE-BID MEETING

If applicable, a pre-bid meeting will be held on the date and time specified on the Notice of Competitive Opportunity and/or the cover page of this RFB. The cover page will also note if the pre-bid meeting is Non-Mandatory or Mandatory and if a site visit is planned and if remote attendance is available. While attendance is not required at a pre-bid meeting that has been deemed non-mandatory; it is strongly advised and encouraged. Conversely, attendance is mandatory for pre-bid meetings that are indicated as mandatory on the cover page of this RFB. A Bidder’s failure to attend a mandatory pre-bid meeting will result in its bid being considered non-responsive.

The purpose of the pre-bid meeting is to discuss the requirements and objectives of this RFB, to hear any questions potential Bidders have about the RFB, and to answer any general questions about the Authority. At the pre-bid meeting the Authority may attempt to answer all questions received; however, reserving the right to answer any questions in writing in a subsequent addendum to the RFB. All prospective Bidders are encouraged to obtain and review the RFB documents prior to the pre-bid meeting in order to be prepared to discuss questions or concerns about the requirements of the Authority.

Rev: 3.24.2026 Page 5 of 61 https://www.flylcpa.com/business/procurement-and-vendors/

In order to conduct the pre-bid meeting as efficiently as possible, bidders are requested to forward questions to the Procurement Office contact indicated on the cover page of this RFB at least three

(3) business days prior to the scheduled pre-bid meeting to allow staff time to research the questions.

A.07 COST OF PREPARATION

The cost of preparing a bid in response to this RFB will be borne entirely by the Bidder.

A.08 WITHDRAWAL OR MODIFICATION OF BID

Bids may be withdrawn or revised by the Bidder for any reason prior to the date and time fixed for the public bid opening.

Bids opened by the Authority that are made pursuant to this RFB are considered a binding offer to provide the items and/or perform the services described herein. The submission of a bid is taken as prima facie evidence that the Bidder has fully familiarized itself with the contents of this RFB.

After bids are received but before an agreement is executed, a bid may be revised only if there is a mistake of material fact that is clearly evident or if the Bidder submits evidence which clearly and convincingly demonstrates that a mistake was made in the bid. Requests to withdraw must be in writing and approved by the Authority. Negligence on the part of the Bidder in preparing its bid confers no right of withdrawal or modification after the date and time fixed for the public opening.

A.09 NONDISCRIMINATION - TITLE VI ASSURANCE

The Authority, in accordance with the provisions of TItle VI of the Civil Rights Act of 1964 (78 Stat, 252m 42 USC ⸹2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to the RFB and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for award.

Further, pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964; the Restoration Act of 1987; and the Florida Civil Rights Act of 1992, as said regulations may be amended, the Provider must assure that “no person in the United States shall on the basis of race, color, national origin, sex, creed or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” and in the selection and retention of subcontractors and/or sub-consultants, including procurements of materials and leases of equipment. The Provider will not participate directly or indirectly in discrimination prohibited by federal or state law or applicable regulations, including but not limited to employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

A.10 GENERAL CIVIL RIGHTS

The successful Bidder agrees to comply with the nondiscrimination provisions stated above in A.09 as well as other pertinent statutes, regulations, executive orders and such rules as are promulgated to ensure that no person will, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision binds the successful Bidder and its subcontractors from the bid solicitation period through the completion of any resulting contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

A.11 CALCULATIONS, ERRORS, OMISSIONS

Bids are reviewed mathematically and, if necessary, corrected. In the event of multiplication/addition

Rev: 3.24.2026 Page 6 of 61 or extension error(s), the unit pricing will prevail. In case of a disparity between the grand total bid price expressed numerically and that expressed in written words, the grand total price expressed in words as shown on the Bidder’s submission will govern.

Bidders must fill in all information requested on the bid forms. All blanks on the bid forms must be completed. Where submitted bids have erasures or corrections, such erasures or corrections must be initialed by the Bidder. Bids submitted on a form other than what is furnished herein, or submitted on the Authority’s bid form that is altered, may be considered irregular. Bidders must fully comply with all requirements of this RFB in its entirety. Bid Forms must be executed by an authorized signatory who has the legal authority to make the bid and bind the company.

A.12 JOINT VENTURES

Bidders intending to submit a bid as a joint venture with another entity are required to provide evidence acceptable to the Authority that the joint venture meets the statutory requirements applicable to corporations or other entities that are subject to the Florida Business Corporations Act, Chapter 607, Florida Statutes, the Florida Revised Limited Liability Company Act, Chapter 605, Florida Statutes, the Florida Partnership Laws at Chapter 620, Florida Statutes, or the Professional Services Corporation and Limited Liability Company Act at Chapter 621, Florida Statutes, as applicable, prior to the date and time set for the public opening.

A.13 DIRECT PURCHASE

If applicable, the Authority reserves the right to purchase directly various materials, supplies, and equipment that may be a part of any agreement resulting from this RFB.

A.14 TERMINATION FOR CONVENIENCE

The Authority may cancel any agreement resulting from this RFB (“Agreement”) at its discretion upon giving thirty (30) calendar days written notice to the successful Bidder. In addition, the Authority reserves the right during the term of the Agreement to terminate the agreement with any single successful Bidder and award the Agreement to the next ranking Bidder if deemed to be in the Authority’s best interest.

A.15 PUBLIC RECORDS AND DISCLOSURE

Bids and related information and materials received by the Authority are public records under Florida law, and will be subject to public inspection upon the issuance of the Authority’s notice of intended decision, or thirty (30) days after bid opening, whichever occurs first. However, certain exemptions to the public records laws are statutorily provided for in section 119.07, Florida Statutes.

If the Authority rejects all bids and concurrently notices its intent to reissue the solicitation, the rejected bids are exempt from public disclosure until the Authority provides notice of intended decision concerning the reissued solicitation or until the Authority withdraws the reissued solicitation. A bid is not exempt for longer than twelve months after the notice of rejection of all bids.

Pursuant to section 119.0701, Florida Statutes, to the extent a successful Bidder is performing services on behalf of the Authority, the successful Bidder must:

1) Keep and maintain public records required by the Authority to perform the service.

Information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statutes and the Authority’s public records policies. The Bidder agrees, prior to providing services, it will implement policies and procedures, which are subject to approval by Authority, to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and Authority policies including but not limited to section 119.0701, Florida Statutes;

2) Upon request from the Authority’s custodian of public records, provide the Authority with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119;

Rev: 3.24.2026 Page 7 of 61

3) Ensure that the public records which are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if the successful Bidder does not transfer the records to the Authority; and

4) Upon completion of the Agreement, transfer, at no cost to the Authority, all public records in its possession or keep and maintain public records required by the Authority to perform the service. If the successful Bidder transfers all public records to the Authority at the completion of the Agreement, the successful Bidder must destroy any duplicate records that are exempt from public disclosure requirements. If the successful Bidder keeps any public records, it must meet all requirements for maintaining and retaining public records. All records stored electronically must be provided to the Authority in a format that is compatible with the information technology systems of the Authority.

In accordance with sections 119.071(3) and 331.22, Florida Statutes, airport security plans or other records relating directly to the physical security or fire safety of a public facility or revealing security or fire safety systems are confidential and exempt from public disclosure. For example, photographs, maps, blueprints, drawings, and similar materials that depict critical airport operating facilities are exempt, as well as building plans, blueprints, schematic drawings, and diagrams depicting the internal layout and structural elements of a public building or structure, all of which are exempt from disclosure under the provisions cited in this paragraph.

Additionally, in accordance with section 119.0725(2), the following are exempt from public disclosure:

● Information relating to critical infrastructure, network schematics, hardware and software configurations, or encryption information or information that identified detection, investigation, or response practice for suspected or confirmed cybersecurity incidents, including suspected or confirmed breaches, if the disclosure of such information would facilitate unauthorized access to or unauthorized modification, disclosure or destruction of:

○ data or information, whether physical or virtual

○ information technology resources, which include the Authority’s existing or proposed information technology systems

○ any portion of a meeting that would reveal information related to critical infrastructure or technology systems or data in the aforementioned paragraph

To the extent the law applies to the services to be acquired through this RFB, Bidders agree to treat all such information as confidential and not to disclose it without prior written consent of the Authority.

A.16 TRADE SECRETS

As stated above, all documents, materials, and data submitted as a part of a response to this Request for Bids are governed by the disclosure, exemption and confidentiality provisions relating to public records as outlined in Chapter 119, Florida Statutes. Under Florida law, designation of an entire bid as “trade secret,” “proprietary” or “confidential” is not permitted and may result in a determination that the bid is nonresponsive and therefore the bid will not be evaluated or considered.

Except for material that is considered a “trade secret” as defined by Florida Statutes, all documents, materials and data submitted as part of a bid in response to this RFB become the property of the Authority.

The Authority does not believe that any of the information by this RFB constitutes a trade secret under Florida law. To the extent Bidder desires to maintain the confidentiality of any materials that it believes constitute trade secrets pursuant to Florida law, any trade secret material submitted as part of a bid must be segregated from the portions of the bid that are not declared as trade secrets. In

Rev: 3.24.2026 Page 8 of 61 addition the Bidder must cite, for each trade secret claimed, the Florida statute number that supports the designation of the information as a trade secret and include a brief explanation as to why the cited statute is applicable to the information claimed as trade secret. The Authority reserves the right to clarify the trade secret claim at any time. Additionally, Bidder must provide a copy of its bid that redacts all information designated as trade secret. In conjunction with any trade secret designation, Bidder acknowledges and agrees that:

1) Trade secret requests made after opening will not be considered;

2) By submitting a bid, all Bidders grant the Authority, its officials, employees, agents and representatives full rights to access, view, consider, and discuss the information designated as trade secret;

3) Any trade secrets provided by Bidder to the Authority are subject to the provisions of section 119.0715, Florida Statutes, and the Authority may disclose a trade secret to its officers or employees whose use of the trade secret is within the scope of his or her lawful duties and responsibilities; and

4) After notice from the Authority that it has received a public records request to inspect or copy all or any portion of Bidder’s bid, the Bidder, at its sole expense, will be responsible for defending its determination that the submitted material (or portions thereof) constitutes a trade secret under Florida law and is not subject to disclosure. Once the Authority notifies the Bidder that it has received a request to inspect or copy information that is designated a trade secret, the Bidder will take prompt action to respond to the request, but no later than ten (10) calendar days from the date of notification by the Authority, or Bidder will be deemed to have waived the trade secret designation of the materials.

Bidder agrees to indemnify and hold harmless the Authority and its officials, employees, agents and representatives from any losses, claims, actions, damages (including attorney’s fees and costs) and amounts arising or incurred by the Authority from or related to the designation of trade secrets by the Bidder, including but not limited to actions or claims arising from Authority’s nondisclosure of the trade secret materials.

A.17 TAX EXEMPT

The Authority is tax-exempt, subject to applicable provisions of Florida law regarding sales tax. The successful Bidder will be responsible for complying with the Florida sales and use tax laws as may apply. The amount(s) of compensation set forth in the Agreement resulting from this RFB, or in any change orders authorized pursuant to the Agreement, will be understood and agreed to include any and all Florida sales and use tax payment obligations required by Florida law of the successful Bidder and all subcontractors or materials suppliers engaged by the successful Bidder.

A.18 RESERVATION OF RIGHTS

The Authority reserves the right to reject any and/or all bids, accept or reject any alternates, waive irregularities and technicalities if it is in the best interest of the Authority, in the Authority’s sole judgment, and in conformance with applicable state and local laws or regulations.

The Authority further reserves the right to make inquiries, request clarification, require additional information and documentation from any Bidder, or cancel this solicitation and solicit for new bids at any time prior to the execution of the Agreement. If a single response is received by the deadline for receipt of bids, it may or may not be rejected by the Authority depending on available competition and current needs of the Authority. The Authority reserves the right to take such actions as it deems necessary and in its best interests.

Rev: 3.24.2026 Page 9 of 61

A.19 SCRUTINIZED COMPANIES UNDER SECTION 287.135, FLORIDA STATUTES

Notwithstanding any provision to the contrary, Authority will have the option to immediately terminate the Agreement, in its sole discretion, if Bidder is found to have submitted a false certification under section 287.135(5) Florida Statutes or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under section 215.473, Florida Statutes; or if Bidder is engaged in business operations in Cuba or Syria; or has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

The Bidder certifies through submission of the attached Bidder’s Scrutinized Companies Certification that it is not listed on any Scrutinized Companies Lists described above; is not engaged in business operations in Cuba or Syria; is not engaged in a boycott of Israel and is not barred from submitting a bid or bid under section 287.135, Florida Statutes.

A.20 NO LOBBYING

All Bidders are hereby placed on notice that Lee County Port Authority Board of Port Commissioners, members of the Airports Special Management Committee and all Authority employees are not to be lobbied, either individually or collectively, regarding this RFB. After the issuance of this RFB, no Bidder or prospective Bidder is allowed to contact or communicate with or discuss any matter relating in any way to this RFB with any Authority officers, agents, or employees except for the designated Procurement Office contact. This prohibition includes, but is not limited to, copying all such persons on written communications (including email correspondence), but does not apply to presentations made to Staff Evaluation Committees or at a Board of Port Commissioners meeting or Airports Special Management Committee meetings when the Board or Committee is considering approval of a proposed agreement or purchase order. This prohibition against lobbying ends upon final execution of the Agreement or purchase order or at the time the solicitation is canceled.

All Bidders and their subcontractors and any agents must submit individual affidavits with their bids in substantially the form attached, stating that they have not engaged in lobbying activities or prohibited contacts. Joint ventures must file a separate affidavit for each joint venture partner.

ANY BIDDER OR INDIVIDUAL CONTACTING INDIVIDUALS MENTIONED HEREIN IN

VIOLATION OF THIS PROHIBITION WILL BE AUTOMATICALLY DISQUALIFIED FROM

FURTHER CONSIDERATION.

A.21 LOCAL VENDOR PREFERENCE

It is the intent of the Board of Port Commissioners to establish an optional preference for local firms when facts and circumstances warrant that the Authority may grant such a preference. It is not the intent of the Board of Port Commissioners to prohibit, exclude, or discourage persons, firms, businesses, or corporations that are non-local from providing goods and services to the Authority as part of this bid process. All potential respondents, Authority staff, and the Airports Special Management Committee should be advised that the Board of Port Commissioners encourages award of contracts to local vendors, firms, consultants, contractors, and successful Bidders when possible to foster the economic growth of the local community.

In an effort to achieve the goals outlined above, the Board of Port Commissioners may give preference to local contractors and vendors that submit pricing within three percent (3%) of the lowest responsive, responsible competitive bid or quote total price (base bid plus Authority selected alternates) in accordance with Lee County Ordinance No. 00-10, as amended by Lee County Ordinance Nos. 08-26 and 17-16.

A.22 RIGHT TO PROTEST

Any Bidder affected adversely by an intended decision to award any bid may file a written notice of intent to file a protest with the Procurement Office, but not later than forty-eight (48) hours

Rev: 3.24.2026 Page 10 of 61

(excluding Saturdays, Sundays, and legal holidays) after receipt of the notice of the intended decision with respect to a bid award.

Details regarding the bid protest policy are contained within the Lee County Port Authority Procurement Manual, which is available at www.flylcpa.com. Failure to follow the protest procedure requirements within the timeframe established by Lee County Port Authority constitutes a waiver of any protest and resulting claims.

A.23 FINANCIAL RESPONSIBILITY

During the bid evaluation process, Bidders may, upon request by the Authority, be required to demonstrate financial responsibility by furnishing audited financial statements for at least the past two fiscal years. Such statements must be prepared in accordance with generally acceptable accounting practices and include an independent Certified Public Accountant (CPA) statement and must be provided to the Authority within ten (10) calendar days of the Authority’s request.

A.24 UTILIZATION OF AGREEMENT BY OTHER GOVERNMENTAL ENTITIES

If mutually agreeable to the successful Bidder, other governmental entities may utilize, i.e., piggyback, an agreement entered into pursuant to this RFB, subject to the rules and regulations of that governmental entity. The Authority accepts no responsibility for other agreements entered into utilizing this method.

A.25 COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS

In agreements financed in whole or in part by Federal or State grant funds, all requirements set forth in the grant documents or in the law, rules, and regulations governing the grant, including federal or state cost principles, must be satisfied. To the extent that they differ from those of the Authority, the cost principles of the grantor will be used.

A.26 ESTIMATED QUANTITIES

If provided, estimated quantities indicated on the bid form are for bidding purposes only. The amount of actual purchase of the item(s), or the service(s) to be performed, described in this Request for Bids is neither guaranteed nor implied. Payment to the successful Bidder will be made only for the actual quantities of work performed or materials furnished.

A.27 NON-EXCLUSIVITY OF AGREEMENT

The successful Bidder understands and agrees that any resulting contractual relationship is nonexclusive and the Authority reserves the right to seek similar or identical services elsewhere if deemed in the best interest of the Authority.

A.28 UNBALANCED BIDS

The Authority recognizes that large and/or complex projects will often result in a variety of methods, sources, and prices used by Bidders in preparing its bids. However, where in the opinion of the Authority such variation does not appear to be justified, given bid requirements and industry and market conditions, the bid will be presumed to be unbalanced. Examples of unbalanced bids include:

a. Bids showing omissions, alterations of form, additions not specified, or required conditional or unauthorized alternate bids.

b. Bids quoting prices that substantially deviate, either higher or lower, from those included in the bids of competing Bidders for the same line item unit costs.

c. Bids where the unit costs offered are in excess of or below reasonable cost analysis values.

If the Authority determines that a bid is presumed unbalanced, it will request the opportunity to and reserves the right to, review all source quotes, bids, price lists, letters of intent, etc., that the Bidder obtained and upon which the Bidder relied to develop its bid. The Authority reserves the right to

Rev: 3.24.2026 Page 11 of 61 http://www.flylcpa.com reject as non-responsive any presumptively unbalanced bid(s) where the Bidder is unable to demonstrate the validity and/or necessity of the unbalanced unit costs.

A.29 FRONTLOADING BID PRICING PROHIBITED

If applicable, prices offered for performance and/or acquisition activities which occur early in the project schedule, such as mobilization; clearing and grubbing; or maintenance of traffic; that are substantially higher than pricing of competitive Bidders within the same portion of the project schedule, will be presumed to be front loaded. Front loaded bids could reasonably appear to be an attempt to obtain unjustified early payments creating a risk of insufficient incentive for the Bidder to complete the work or otherwise creating an appearance of an undercapitalized Bidder.

In the event the Authority presumes a bid to be front loaded, it will request the opportunity to, and reserves the right to, review all source quotes, bids, price lists, letters of intent, etc., which the Bidder obtained and upon which the Bidder relied upon to develop the pricing or acquisition timing for these bid items. The Authority reserves the right to reject as nonresponsive any presumptively front loaded bids where the Bidder is unable to demonstrate the validity and/or necessity of the front loaded costs.

A.30 PUBLIC ENTITY CRIMES

In accordance with section 287.133, Florida Statutes, a person, affiliate, or corporation who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity on a contract; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for category two for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

To ensure compliance with the foregoing, Bidders must certify by submission of the enclosed public entity crimes certification, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any state or federal entity, department or agency.

A.31 BID EVALUATION

Upon evaluation of all bids received, a notice of intent to award may be made to the lowest, responsive, and responsible Bidder whose bid(s) serves the best interests of the Authority, in the Authority's sole judgment and discretion.

No award will be made until the Authority has concluded such investigations, as it deems necessary, to establish the responsibility, qualifications and financial ability of any Bidder to provide the required goods and services in accordance with any agreement resulting from this RFB and to the satisfaction of the Authority and within the time prescribed. The Authority may reject any bid if the evidence submitted by the Bidder, or an investigation of the qualifications and/or experience of the Bidder, fails to satisfy the Authority that such Bidder is sufficiently qualified or experienced to provide the goods or services required, or to carry out the obligations as required in this Request for Bids. The Authority, at its sole discretion, may request clarification or additional information to determine a Bidder’s responsibility or responsiveness.

The recommendation for award of the Agreement will be forwarded to the Airports Special Management Committee for review, and then to the Authority Board of Port Commissioners for decision.

A.32 EXECUTION OF AGREEMENT

The successful Bidder will be required to execute and return a service provider or other suitable

Rev: 3.24.2026 Page 12 of 61

Agreement in substantially the attached form, unless amended during the bid process, within ten

(10) calendar days from issuance of the notice of intent to award the bid. Failure of the successful Bidder to execute the Agreement within ten (10) calendar days from the date the notice of intent to award is announced will constitute legal grounds for cancellation of the award and forfeiture of the bid bond.

Successful Bidder acknowledges that electronic signatures are true and valid signatures for all purposes related to the Agreement and the successful Bidder agrees to be bound to the same extent as that of an original signature. Any electronic signature must be of sufficient quality to be legible electronically or when printed as a hardcopy. The Authority will determine legibility and acceptability for public record purposes.

Upon receipt of the Agreement properly executed by the successful Bidder, the Authority will submit the Agreement for review and approval of the Board of Port Commissioners; complete the execution of the awarded Agreement in accordance with local laws or ordinances, and return one fully executed original Agreement, along with the bid bond, if applicable, to the successful Bidder.

Delivery of the fully executed Agreement to the successful Bidder constitutes the Authority’s approval to be bound by the successful Bidder's bid and the terms and conditions of the Agreement.

Until approval and final execution of the Agreement, the Authority reserves the right to reject any or all bids, to waive technicalities and to advertise for new bids, or to proceed to do the work otherwise, in the Authority’s sole judgment and discretion.

A.33 ASSIGNMENT OF AGREEMENT

The Provider may not assign any agreement resulting from this RFB without the prior written approval of the Authority.

A.34 PAYMENT

Payment will be made in accordance with the awarded bid pricing for the goods and/or services completed and accepted by the Authority and upon receipt of the successful Bidder's invoice. All invoices must include purchase order number or Agreement number, as applicable, and must be submitted to Lee County Clerk of Court Finance Department, PO Box 2463, Fort Myers, Florida, 33902.

A.35 E-VERIFY

In accordance with section 448.095(2), Florida Statutes, the successful Bidder must register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

Furthermore, the successful Bidder’s Agreement with the Authority cannot be renewed unless at the time of renewal, the successful Bidder certifies to the Authority that it has registered with and uses the E-Verify system.

As applicable, if the successful Bidder enters into an agreement with a subcontractor, the subcontractor must provide the successful Bidder with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien and successful Bidder must maintain a copy of such affidavit for the duration of the agreement. If the successful Bidder develops a good faith belief that any subcontractor with which is it contracting has knowingly violated section 448.09(1), Florida Statutes (making it unlawful for any person knowingly to employ, hire, recruit, or refer, with for herself or himself, or on behalf of another for private or public employment with the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States), the successful Bidder must terminate the contract with the subcontractor. Failure to do so will result in termination of the agreement by the Authority.

If the Authority develops a good faith belief that the successful Bidder has knowingly violated

Rev: 3.24.2026 Page 13 of 61 sections 448.09(1) or 448.095(2), Florida Statutes (making it unlawful for any person knowingly to employ, hire, recruit, or refer, with for herself or himself, or on behalf of another for private or public employment with the state, an alien who is not duly authorized work by the immigration laws or the Attorney General of the United States) the Authority will terminate this Agreement. Pursuant to section 448.095(2)(c)(3), Florida Statutes, termination of the Agreement by the Authority under the above circumstances is not a breach of contract and may not be considered as such.

A.36 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS

In accordance with section 287.05701, Florida Statutes, the Authority will not request documentation of, or consider, a Bidder’s social, political, or ideological interest when determining if the Bidder is a responsible Bidder. Further, the Authority will not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

A.37 BREACH OF SECURITY

“Breach of security” or “breach” means unauthorized access of data in electronic form. Examples include but are not limited to: (i) the unauthorized acquisition, disclosure, modification, or use of unencrypted personal data, or encrypted personal data where the encryption key has also been compromised; and (ii) a likely risk of identity theft or fraud against the data subject. A good faith but unauthorized or unintentional acquisition, disclosure, modification or use of personal data by an employee or contractor of the recordkeeper or a party who has signed a confidentiality agreement with the recordkeeper does not constitute a Security Breach if the personal data is not subject to further unauthorized acquisition, disclosure, loss, modification, or use.

Breach of Security Notification Requirements:

In the event that Vendor discovers or is notified of a breach, potential breach of security, or security incident at Vendor's facility or of Vendor's systems, Vendor shall:

1. Notify Authority of the incident as soon as practicable but no later than twelve (12) hours after Vendor discovers or is notified of a breach, potential breach of security, or security incident at Vendor's facility or of Vendor's systems.

2. Whether or not such breach has compromised any of the Authority's data.

3. Provide Authority with the name and contact information of who shall serve as Authority’s primary security contact to assist Authority twenty-four (24) hours per day, seven (7) days per week in resolving obligations associated with a security breach.

4. Immediately following Vendor’s notification, the parties shall coordinate with each other to investigate this incident. Vendor agrees to fully cooperate with the Authority in the Authority‘s handling of the matter, including, without limitation, (1) assisting with any investigation (2) facilitating interviews with Vendor’s employees and other involved in the matter, and (3) making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards or as other required by the Authority.

5. Vendor shall at its own expense take reasonable steps to immediately contain and remedy this incident and prevent any further breach, including, but not limited to taking any and all action necessary to comply with applicable privacy rights, laws, regulations, and standards.

6. Vendor shall reimburse the Authority for all actual costs incurred by the Authority in responding to and mitigating damages caused by this incident, including all costs of notice and/or remediation.

7. Vendor agrees to maintain and preserve all documents, records, and other data related to the incident(s).

Rev: 3.24.2026 Page 14 of 61

8. Vendor agrees to fully cooperate at its own expense with the Authority in any litigation, investigation, or other action deemed necessary by the Authority to protect its rights relating to the use, disclosure, protection, and maintenance of Personal Information.

9. Vendor shall promptly use its best efforts to prevent a recurrence of any such incident.

END OF PART A

Rev: 3.24.2026 Page 15 of 61

PART B

SPECIAL INSTRUCTIONS AND REQUIREMENTS

Bidders must carefully review the Request For Bids documents in their entirety to become familiar with what is required and what is to be submitted in the Bidder’s bid. Bidders must complete all bid forms.

B.01 MINIMUM QUALIFICATIONS

To qualify for consideration, Bidders are required to meet the following minimum qualifications:

1) Bidders contracting in a corporate capacity must be registered with the Florida Department of State Division of Corporations as a Florida corporation or other Florida recognized and approved legal business entity in good standing and authorized to conduct business in the State of Florida.

a) F.S. § 607.1501. The Bidder must provide documentation of registration status or legal justification of statutory exemption; however, the Authority reserves the right to verify registration or exemption status.

2) Bidder must have actively maintained that business license for a minimum of three (3) years preceding the date set for the public opening.

a) Bidders must provide…