Background_Screening_Services.pdf

25-045-RFP

Background Screening Services

The City of Fort Myers Procurement Services utilizes an electronic bidding system to streamline the solicitation process.

City of Fort Myers Procurement Services Website https://procurement.opengov.com/portal/cityftmyers

Background Screening Services, 25-045-RFP

TABLE OF CONTENTS

I. INTRODUCTION

II. PROJECT DETAILS / SCOPE OF WORK

III. EVALUATION CRITERIA

IV. INSTRUCTIONS TO CONSULTANT/CONTRACTORS

V. GENERAL CONDITIONS

VI. GENERAL CONDITIONS-PAYMENT

VII. INSURANCE

VIII. LOCAL PREFERENCE

IX. MINORITY BUSINESS ENTERPRISE PROGRAM

X. DEFINITIONS

XI. CONSULTANT/CONTRACTOR SUBMISSION QUESTIONNAIRE

XII. DRAFT CONTRACT (SERVICE, NON-CCNA)

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide Background Screening Services.

1.2. Background

The City of Fort Myers (the “City”), established in 1886, is located on the southern west coast of

Florida. It is the cultural and trade center for Lee County and the surrounding area. The City was built on the site of Fort Harvie and was named for Colonel Abraham Charles Myers, then

Chief Quartermaster of Florida. The City has approximately 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

The City is situated between Tampa and Miami along scenic U.S. Highway 41, also known as

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the 3rd fastest growing place by U.S News and World Report.

The City of Fort Myers is committed to providing exceptional municipal services to residents, businesses and visitors in a fiscally responsible manner while preserving the City’s rich history, diverse culture, and charming lifestyle.

1.3. OpenGov Portal

The City uses OPENGOV (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OPENGOV. Consultant/Contractors are strongly encouraged to read the various Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City shall not be responsible for a Consultant/Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott, Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@FortMyers.gov

Phone: 239-321-7235

Requesting Department:

Human Resources

1.5. Pre-Solicitation Conference

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from Procurement Services and a representative from the using department will be present to discuss the solicitation. The date, time, and location can be found in the timeline.

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic submissions. Consultant/Contractors shall create a

FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic response.

2.2. Minimum Qualifications of Respondents

1. The Consultant/Contractor(s) shall hold any necessary licenses authorizing them to do business in the State of Florida.

2. The Consultant/Contractor(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years.

3. Neither Consultant/Contractor nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City.

4. The Consultant/Contractor(s) are required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

• Judgments: Any current or pending court decisions against Consultant/Contractor.

• Pending Lawsuits: Any legal actions that are currently underway.

• Criminal Activities: Any criminal conduct, especially if it involves moral turpitude (actions that are morally reprehensible).

https://procurement.opengov.com/signup

Consultant/Contractor will be given a chance to explain or provide additional information regarding these issues if applicable. This allows them to clarify any concerns and provide context.

To demonstrate qualifications to perform the Work, each Consultant/Contractor must be prepared to submit written evidence, such as financial data, previous experience, present commitments, and other such data as requested. Each Solicitation must contain evidence of the

Consultant/Contractor’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The awardee will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

2.3. Scope of Work

Scope of Services

The selected vendor will provide comprehensive background screening services, including but not limited to:

• Criminal history checks (federal, state, and local)

• Employment verification

• Education verification

• Drug testing (as applicable)

• Professional license verification

• Credit checks (for designated positions)

System Integration Requirements

To ensure seamless operations within Oracle Cloud HCM, the proposed background screening solution must meet the following technical requirements:

• Certified, Prebuilt Oracle Cloud HCM Integration

• The vendor must provide an out-of-the-box, certified integration with Oracle Cloud HCM.

• The integration must be available via Oracle’s Cloud Marketplace and be recognized as a trusted partner.

• The solution should enable single sign-on (SSO) functionality for HR personnel accessing screening data directly within Oracle Cloud.

• Real-Time Data Synchronization

• The system must allow automated, bi-directional data transfer between Oracle Cloud

HCM and the background screening provider.

• Background check statuses must update in real-time within Oracle Cloud, with no need for manual intervention.

• Automated Background Screening Workflow

• The solution must be fully embedded into Oracle Recruiting Cloud (ORC) and support one-click initiation of background checks from within Oracle HCM.

• The system must allow HR teams to predefine adjudication criteria, automatically flagging reports that require review.

• The vendor must offer a fully customizable rules engine to align with City hiring policies.

• Compliance & Data Security

• The system must comply with FCRA, EEOC, GDPR, and state/local employment laws.

• The vendor must provide SOC 2-certified security controls for data protection.

• Data transfers between Oracle Cloud and the vendor’s system must be fully encrypted to ensure secure handling of sensitive candidate information.

Vendor Qualifications

The selected vendor must demonstrate:

• Proven experience in providing employment background screening services to municipalities or government entities.

• Certified Oracle Cloud HCM integration, as verified by Oracle Partner Network.

• Referenceable clients using Oracle Cloud HCM with direct integration.

• Demonstrated ability to support automated adjudication, real-time tracking, and secure data handling.

Proposal Submission Requirements

Interested vendors must submit proposals that include:

• Detailed documentation of their Oracle Cloud HCM integration, including system architecture and supported functionalities.

• Case studies or references from organizations currently using their Oracle Cloud integration.

• Implementation timeline and project support structure.

• Pricing structure, including licensing, per-screening fees, and any associated costs for configuration and implementation.

3. EVALUATION CRITERIA

1. Qualifications of Consultant/Contractor

To demonstrate qualifications to perform the Work, each Consultant/Contractor must be prepared to submit information pertaining to each criterion. Each Submittal must contain evidence of

Consultant/Contractor's qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

2. Responsiveness

The City will determine whether the Consultant/Contractor complies with the instructions for submissions including completeness which encompasses the inclusion of all required attachments. Late submissions will not be accepted. Failure to meet other requirements may result in rejection.

3. Responsibility

The City will determine whether the Consultant/Contractor is one with whom it can or should do business. Factors that the City may evaluate to determine “responsibility” include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, Consultant/Contractor's record of performance and integrity – e.g. has the Consultant/Contractor been delinquent or unfaithful to any contract with the City, whether the Consultant/Contractor is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A Consultant/Contractor must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The

City reserves the right to inspect and review Consultant/Contractor's facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Best and Final Offers

The City may request best & final offers and will determine the scope and subject of any best & final request. The Consultant/Contractor should not expect that the City will ask for best & finals. The Consultant/Contractor should submit their best offer based on the terms and conditions set forth in this Solicitation.

5. Selection Committee and Evaluation Process

5.1. Initial Review of Responses

Procurement Services will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria and review of the MBE and Local preference if applicable.

5.2. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of at least three (3) voting members will be established to review, discuss, and evaluate all responsive

Proposals submitted in response to this RFP/RSQ. The Committee may utilize City staff, other subject matter experts, and/or consultants as non-voting members to advise and assist the Committee in its review of the Proposals.

5.3. Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals based upon the information provided using the evaluation criteria set forth in this solicitation, and if the

Committee deems desirable in its discretion may elect to short list two or more

Consultant/Contractors . Upon short listing by the Committee, only those

Consultant/Contractors short listed shall remain eligible for further evaluation and consideration by the Committee.

5.4. Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible

Consultant/Contractors who submit Proposals determined to be acceptable of being selected for award. Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to short listed Consultant/Contractors.

Discussions may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Consultant/Contractor in connection with such interviews, presentations, or negotiations (i.e., travel, accommodations, etc.).

5.5. Optional Discussion

At the discretion and in the best interest of the City, the City or Committee may conduct discussions with Consultant/Contractors (or the short-listed Consultant/Contractors, as applicable) or seek revision of Proposals from Consultant/Contractors (or the short-listed

Consultant/Contractors, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Consultant/Contractor (or short-listed

Consultant/Contractors) will be accorded fair and equal treatment with respect to discussion and revision of the Proposals. Revisions may be permitted after submission of Proposals and prior to award of a Contract for the purpose of obtaining best and final offers.

5.6. Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for

Proposals without discussions or oral presentations. Therefore, each response to this

RFP/RSQ should contain the Consultant/Contractor's best terms and conditions for consideration.

5.7. Scoring for Final Ranking after Presentation/Discussion

The Committee will evaluate and rank the responsive short-listed Consultant/Contractors as set forth in the preceding section entitled “Preliminary Evaluation”. Rankings or scores assigned as part of the short-listing process shall not be binding on the Committee or its members as part of final evaluation. The Committee shall submit the proposed rank order

(ranking 1 through total number of presenters) to the Procurement Manager or designee after the conclusion of scheduled presentations. Upon approval of the ranking by the

Committee, a notice of intended action shall be posted. The notice of intended action may be obtained by the Consultant/Contractors as set forth in the section of this RFP titled

“Request for Proposals Information”.

5.8. Tiebreaker

In the event of a tie, two or more Consultant/Contractors that have the same ranking, the following steps will be taken to determine the highest ranked Consultant/Contractors.

This method shall be used for all RFP’s and RSQ’s ties.

Step 1: Consultants/Contractors with an established drug-free workplace program, as defined by Florida Statute Section 287.087, shall be ranked higher.

Documentation verifying the drug-free workplace program must be provided to receive this preference.

Step 2: Consultants/Contractors qualifying as local, in accordance with the definition set forth in City of Fort Myers Ordinances Section 38-71 or its most recent revision, shall be ranked higher than non-local Consultants/Contractors. Proof of local status must be submitted with the proposal to receive this preference.

Step 3: The Consultant/Contractor with the highest number of 1st place rankings among evaluators shall be deemed the top-ranked Consultant/Contractor. If a tie persists, the Consultant/Contractor with the highest number of 2nd place rankings will be ranked higher. This method will continue progressively through 3rd, 4th, and subsequent rankings until the tie is resolved. If a tie remains after all rankings are considered, additional tie-breaking criteria will apply

Step 4: In the event a tie persists after Steps 1 through 3, preference shall be given to the Consultant/Contractor demonstrating the highest commitment to sustainability and environmental stewardship. Evaluation factors may include green certifications, use of eco-friendly materials, waste reduction strategies, carbon footprint minimization efforts, and participation in local sustainability initiatives. The

Consultant/Contractor with the most significant and verifiable sustainability contributions shall be deemed the first-ranked Consultant/Contractor.

Step 5: For FDOT Solicitations, steps 1 - 4 are replaced with the Procurement

Director/Manager or designee may appoint an additional Review Commitee member(s) to evaluate the proposals based upon the factors in the solicitation and scoring for each criteria. This may continue until a highest ranked

Consultant/Contractor is deemed the first ranked Consultant Contractor.

For Federally funded solicitations remove local preference.

For non-City funded procurements, the steps not permitted by law or process are hereby removed.

The highest ranked Consultant/Contractors upon completion of the needed steps shall receive the first opportunity to negotiate.

5.9. Authority to Award

Contracts shall be awarded in accordance with the provisions of the City’s Procurement

Ordinance and Policy upon approval of City Council.

5.10. Reserved Right

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all proposals, to readvertise this solicitation, postpone or cancel, at any time, this solicitation process, or to waive minor irregularities and informalities in this solicitation or in the proposals received as a result of this solicitation. The City does not guarantee the award of any Contract as a result of this solicitation process.

The City reserves the right to request that the Consultant/Contractor provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Consultant/Contractor as it deems appropriate, including but not be limited to, a background investigation conducted by the Fort Myers Police Department.

6. Contract Negotiations and Acceptance

Consultant/Contractor must be prepared for the City to accept the Submittal as presented. If

Consultant/Contractor fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the

City may reject the Submittal or revoke the award and may begin negotiations with the next highest Consultant/Contractor. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the

Consultant/Contractor and the City until the City executes a written contract or purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the

Consultant/Contractor and

Qualifications of Assigned Personnel

• Experience and capabilities to perform the scope of work;

• Required experience & capabilities in-house;

• Existing workload and ability to meet timeline(s) outlined in the project.

• Academic, training, and licensed credentials of employees assigned to the project.

• Provide 2 examples of completed projects with similar scope and budget within the last 5 years. Preference will be given the public agency work.

Points Based 40 (38.1% of Total)

2. Approach to the Project/Design

• Explain your approach to the scope of services, including a comprehensive representation, demonstrating an understanding and a commitment of how you intend to implement and fulfill the requirements of the scope of services.

• Explain how you will balance staffing needs for this project.

• Describe unique abilities, innovative approaches, and/or special considerations

Points Based 20 (19% of Total)

3. Financial Stability

• Provide a narrative description and such other information, if any, as Contractor/Consultant deems necessary to demonstrate financial strength and capacity to provide, implement, and maintain the proposed system for the term of the Contract. The City reserves the right to request such additional financial information regarding Consultant/Contractors as it deems necessary or appropriate from any other party having relevant information, including but not limited to utilizing Dun and Bradstreet or other financial reporting companies’ financial reports for evaluation purposes or to request credit references in its review process.

• Explain any financial issues that may prevent the

Consultant/Contractor from providing, implementing, and maintaining the proposed system for the term of the Contract.

Points Based 15 (14.3% of Total)

4. Price Proposal

This criteria will include, but will not be limited to, evaluation of the pricing information.

Points Based 25 (23.8% of Total)

5. Local Vendor Preference (if City funded only, procurement will score)

• Provide completed Local

Preference Company Affidavit

• Qualified business located in City of Fort Myers (5)

• Qualified business located in Lee

County (3)

Points Based 5 (4.8% of Total)

4. INSTRUCTIONS TO CONSULTANT/CONTRACTORS

PROCUREMENT INFORMATION

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Consultants/Contractors to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date.

Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

APPLICABLE LAW AND APPEALS

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

Any appeals related to this solicitation must comply with the requirements specified in the City’s

Code of Ordinances and procurement policies.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities requiring special accommodations to participate in this solicitation process should contact Procurement Services at least seven (7) days before the required accommodation.

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

SOLICITATION SUBMISSION GUIDELINES

A. Official Submission Portal:

All submissions must be made electronically through the City’s Bid Portal in OpenGov.

The portal will keep all files locked until the solicitation officially closes.

B. Official Time:

The time clock in OpenGov will serve as the “Official Time” for determining the actual closing time of the solicitation. Submissions received after the specified date and time will not be accepted.

C. Consultant/Contractor Responsibilities:

o Consultants/Contractors are solely responsible for ensuring timely electronic submissions.

o The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants/Contractors who fail to register in OpenGov.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

D. Addenda Distribution:

All addenda and updates will be made available exclusively via OpenGov.

Consultants/Contractors are advised to regularly check the portal for any updates related to this solicitation.

4.1. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will keep all files locked until the solicitation officially closes.

The City reserves the right to accept or reject any or all submissions and to waive minor irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

4.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the

Consultant/Contractor to ensure correct registration information is provided. The City is not liable for any issues arising from incorrect or incomplete contact information.

A. Use of Official Solicitation Documents:

All submittals must be prepared using the solicitation documents provided by the City.

The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

B. Purpose of Solicitation Documents:

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

C. Right to Cancel:

The City reserves the right to cancel any solicitation at any time without obligation.

4.3. Responsibilities of the Consultant/Contractor

Each Consultant/Contractor is responsible for the following actions before submitting an offer:

A. Download Official Solicitation Documents:

o Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

B. Thoroughly Review Documents:

o Examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

C. Consider Applicable Laws and Regulations:

https://www.cityftmyers.com/1171/Procurement-Services o Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.

D. Correlate Observations with Documents:

o Study and carefully align observations with the solicitation documents to ensure consistency.

E. Report Conflicts or Discrepancies:

o Notify the City of any conflicts, errors, or discrepancies in the solicitation documents by submitting a question through the E-Procurement Q&A module.

▪ Response Timeline: Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold.

▪ This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

F. Review the Draft Contract:

o The draft contract intended for award is included with this solicitation for reference.

▪ This draft contains standard legal language and is not typically modified, except for formatting and enumeration.

▪ Any exceptions to the standard contract should be submitted as a question in the

Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Consultant/Contractor's questionnaire.

▪ Note: Exceptions to the draft contract may impact the evaluation of the submittal.

G. City's Right to Modify Contract:

o The City reserves the right to make minor modifications to the draft contract for specific solicitations before execution. Any modifications or alterations will only be valid if mutually agreed to in writing by both parties.

4.4. Questions and Addenda Guidelines

A. Submission of Questions:

o All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal.

o Only questions received before the deadline specified in the solicitation timeline will be considered.

o Responses to questions will only be binding if provided in writing via addenda or the

"Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications will have no legal effect.

o Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

B. Response Timeframes:

o Answers to questions of substance will be publicly published in the OpenGov Portal.

o Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold.

o The two-day response window does not apply to project-specific questions that require input from project managers or Consultant/Contractors.

C. Authority of Addenda and Revisions:

o Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation.

o All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract.

o It is the responsibility of the Consultant/Contractor to review all addenda, revisions, and published answers to questions.

o Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the

Consultant/Contractor from their obligations under the solicitation or resulting contract.

o No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

D. Modification of Solicitation Documents:

o The City reserves the right to issue addenda to modify the solicitation documents as necessary.

o Consultant/Contractors are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

4.5. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be interpreted as requiring adherence to the highest standards of best commercial practices. All interpretations and clarifications of this Solicitation shall be governed by the terms and conditions set forth in this Contract.

4.6. Incorporation of Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Consultants/Contractors agree to be bound by the City’s Procurement Ordinance and Policy in all matters related to this solicitation and any subsequent contract.

4.7. Submittal Preparation

1. Preparation of Response

Consultants/Contractors must prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

2. Incurred Expenses

The City of Fort Myers is not responsible for any expenses incurred by Consultants/Contractors in the preparation and submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3. Proprietary Information

1 Public Records Law

In accordance with Chapter 119, Florida Statutes (Public Records Law), and unless otherwise provided by applicable State or Federal Law, all solicitation documents and responses are considered public records, see F.S. 119.071(1)(b)2.

Consultants/Contractors must specifically identify any information in their proposals considered confidential or proprietary and provide the applicable legal exemption for nondisclosure. Generic designations such as “confidential” are insufficient.

Failure to provide Procurement Services with a detailed explanation, including statutory citations and references to specific sections of the response, may result in the entire response being disclosed in accordance with Chapter 119 of the Florida Statutes.

2 Redacted Copy Requirement

If a Consultant/Contractor asserts exemptions from public disclosure for any portion of its response, it must provide:

o A redacted copy of its proposal in an electronic format suitable for public disclosure.

o Only the portions exempt under applicable law should be redacted, with the exemption clearly identified.

3 City’s Judgment on Disclosure

The City reserves the right to exercise its own judgment regarding the disclosure of records. The City may take any actions it deems necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

4 Ownership of Submittals

All submittals received in response to this solicitation will become the property of the City of Fort Myers and will not be returned to the Consultant/Contractor.

4.8. Submission Guidelines (RFP and RSQ)

Consultants/Contractors are responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal

The authorized representative who binds the Consultant/Contractor to the submittal must sign the qualification statement. A submittal is considered timely only if received through the

OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be determined by the OpenGov portal's time clock. The portal will not accept submittals after the deadline.

Submission Requirements

A. Document Format:

o A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal.

B. Title Page – Introduction:

o Include the following:

▪ Name of the individual or firm

▪ Address

▪ Email address

▪ Telephone number

▪ Name of contact person

▪ Date

▪ Solicitation number and title

C. Table of Contents:

o Include page numbers and bookmark each section for easy navigation.

D. Letter of Transmittal:

o Limit: Two (2) pages.

o Content:

1. Briefly state the Consultant/Contractor’s understanding of the services to be provided.

2. Make a positive commitment to perform the work.

3. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

E. Mandatory Minimum Qualification Documentation:

o Provide documentation to verify compliance with the "Minimum Qualifications" section. Ensure all documentation is clear and specific.

F. Required Documents:

o Corporate Submissions:

▪ Must be signed in the corporate name by the President or Vice-President (or other authorized officer with evidence of signing authority).

▪ The corporate seal must be affixed and attested by the Secretary or Assistant

Secretary.

▪ Include the corporate address and state of incorporation.

o Partnership Submissions:

▪ Must be signed in the partnership name by a partner, with the title noted under the signature.

▪ Include the partnership’s official address.

G. Litigation History:

o Provide details of any current litigation or outstanding judgments involving the

Consultant/Contractor.

H. Electronic Pricing Form Instructions:

o The City uses OpenGov to streamline the solicitation process. Submittals must be made electronically; paper responses will be deemed non-responsive.

Pricing Instructions (if applicable)

1 Submission via OpenGov:

• Log into your OpenGov account, navigate to the relevant solicitation, click

“Draft Response,” complete the requested information, upload all required attachments, and submit.

2 Unit and Extended Prices:

• Enter unit prices for each item (if applicable). In case of discrepancies between unit and extended prices, unit prices will prevail.

3 Award Basis:

• The City generally awards bids based on a "lump sum" to the responsive and responsible Bidder submitting the lowest total bid. However, the City reserves the right to award based on a "per group" or "per item" basis. Clearly indicate items bid and items not bid on the provided pricing forms.

4 Additional Charges:

• Prices quoted must include all costs related to verification/coordination of the order, shipping, delivery, unpacking, setup, installation, operation, testing, cleanup, training, and travel. No additional charges will be accepted beyond those listed on the price sheets.

4.9. Submittal Requirements

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, all proposals for this solicitation must be submitted electronically.

Paper responses will be deemed non-responsive.

1. Instructions for Uploading Submissions

1 Submission Process:

o Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response.

o Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

2 Responsibility for Timely Submission:

o Consultants/Contractors are solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the specified due date and time.

o The City is not responsible for any delays or failures in submission caused by any occurrence.

2. Binding Submissions

All submissions shall remain binding for a period of one hundred eighty (180) calendar days following the opening date.

3. Late Submissions

Late submissions will not be accepted under any circumstances. Consultants/Contractors assume full responsibility for the timely upload of their responses.

4.10. Conformance to Solicitation

1. Compliance with Mandatory Requirements

All submissions must conform to the material and mandatory requirements outlined in this

Solicitation. However, the City reserves the right to waive minor irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Consultant/Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant/Contractor must first submit a written request to the City to amend the Solicitation. Such requests must follow the process outlined in the “Interpretations and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

4.11. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by Consultants/Contractors through their account on OpenGov at any time before the opening of the Solicitations.

2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submissions are opened, a Consultant/Contractor files a duly signed written notice with the City and promptly demonstrates to the City’s reasonable satisfaction that a material and substantial mistake occurred in the preparation of its

Submission, the Consultant/Contractor may withdraw its Submission.

In such cases:

• The Submission security, if applicable, will be returned.

• The Consultant/Contractor will thereafter be disqualified from further participation in the

Work to be provided under the Contract.

4.12. Submission Responsibility

It is the sole responsibility of the Consultant/Contractor to ensure that submissions are electronically uploaded through the designated portal before the specified date and time.

Submissions by telephone, email, or hard copy will not be accepted under any circumstances.

4.13. Opening Submissions

Construction-Related Submittals:

Construction-related submittals will be publicly opened and announced by Procurement Services on the due date and time specified in the Solicitation. During the opening, the

Consultant/Contractor’s name and verification of bond submittal, if applicable, will be announced aloud.

1. Instructions to Join the Solicitation Opening Virtual Meeting:

1 Select a Method to Join:

o Choose the preferred method provided in the Solicitation document.

2 Join the Virtual Meeting:

o Use the link or access details provided in the Introduction Section to join the virtual Proposal Opening session.

Note:

• Sessions will be recorded.

• To ensure a smooth process, participants are asked to turn off their cameras and mute their microphones before joining the meeting.

2. Opportunity to Speak:

• Attendees will be given an opportunity to speak during the meeting.

• When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

Non-Construction-Related Submittals:

Non-construction-related submittals will be opened privately. Results will be posted in accordance with Florida Statute 119.07(1) and Article I, Section 24(a) of the Florida

State Constitution.

4.14. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant/Contractor agrees that their submission constitutes an irrevocable offer to the City of Fort Myers. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The

Consultant/Contractor agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission.

The City, at its sole discretion, reserves the right to release any submission from this commitment during the validity period.

4.15. Reserved Rights

A. Request for Additional Information:

The City reserves the right to request additional information from

Consultants/Contractors after the closing date. This may include, but is not limited to:

o Information necessary to evaluate, clarify, or substantiate any aspect of the submittal.

o Evidence of financial resources and the ability to provide and maintain the required system and/or services.

Additionally, the City may conduct investigations into the qualifications of any

Consultant/Contractor, which may include background checks performed by the Fort

Myers Police Department.

B. Flexible Award Options:

The City reserves the right to:

o Make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

o Reject any or all submittals or waive informalities or technicalities in the submittals received.

C. Rejection of Submittals:

The City reserves the right to:

o Reject any and all Solicitations.

o Waive any and all informalities.

o Negotiate contract terms with the Successful Consultant/Contractor.

o Disregard nonconforming, non-responsive, unbalanced, or conditional submittals.

o Reject any submittal if it is determined that awarding to the Consultant/Contractor is not in the City’s best interest, including cases where:

▪ The Solicitation is not responsive.

▪ The Consultant/Contractor is unqualified or has questionable financial ability.

▪ The Consultant/Contractor fails to meet any other relevant standards or criteria established by the City.

4.16. Protest Procedure

The City’s protest policy and procedure are outlined in the City of Fort Myers Procurement

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

For details, refer to Page 20, Item F of the policy document.

4.17. Award of Contract

A. Purchase Order:

The Purchase Order (PO) issued by the City to the selected Consultant/Contractor within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party.

o The contract will include this Solicitation, any addenda, the Consultant/Contractor’s submittal, and the established Purchase Order.

o If a separate contract is negotiated, it will also become an official part of the agreement.

o This Contract shall be governed by and construed in accordance with the laws of the

State of Florida.

o Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

B. Formal Award:1 General Provisions:

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 23, Article 3 of the City of Fort Myers Code of Ordinances.2 Invitations to Bid (ITB):

o The contract will be awarded to the responsive and responsible

Consultant/Contractor with the lowest overall cost, including any alternates, if applicable, following final approval by the City Council.

• 3 Request for Proposals (RFP) or Request for Statements of Qualification

(RSQ):

o The contract will be awarded to the highest-ranked Consultant/Contractor based on evaluation criteria and presentation/interview results.

o The award is contingent upon successful contract negotiation and final approval by the City Council.

C. Multiple Awards:

https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF o The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Consultant/Contractor.

o In cases of multiple awards, the City will apportion work among the selected

Consultant/Contractors as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Consultant/Contractor or class of

Consultant/Contractors.

D. Term:

o The City intends to negotiate a contract with an initial term and options for renewal upon mutual consent of both parties.

o The length of the contract will depend on the Consultant/Contractor’s submittal, financial investment, and negotiations with the City.

E. E-Verify:

This Contract is subject to the provisions of Section 448.095, Florida Statutes, which is incorporated herein by reference.

o The Consultant/Contractor represents and warrants that it has registered with and uses the E-Verify System to verify the work authorization status of all newly hired employees.

o The Consultant/Contractor must ensure any subcontractors provide an affidavit stating that they also use the E-Verify System and do not employ unauthorized aliens.

o The Consultant/Contractor and all subcontractors shall remain compliant with this requirement throughout the term of the Contract.

4.18. Form of Contract

The City’s intended format for the awarded Contract is included as an attachment for reference.

This draft Contract contains standard legal language and is not routinely modified. However:

• Any exceptions to the terms of this standard Contract must be clearly indicated in the

Consultant/Contractor’s submittal.

• The Consultant/Contractor acknowledges that exceptions may affect the evaluation of their submittal.

A. Formatting Adjustments:

The final executed Contract may differ in pagination or numbering from the draft provided.

B. City’s Right to Modify Contract Language:

The City reserves the right to revise or alter the language of the draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

4.19. Execution of Contract

The successful Consultant/Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and reciept of the Contract from the City of Fort Myers

Procurement Services, sign and enter into a Contract with the City. Simultaneously, the

Consultant/Contractor must provide:

• Any required bonds,

• Indemnities, and

• Updated insurance certificates as specified in the Solicitation.

Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

4.20. Prohibition Against Considering Social, Political, or Ideological Interests

In accordance with Florida Statute Chapter 287.05701, an awarding body is prohibited from:

A. Requesting documentation of or considering a Consultant/Contractor’s social, political, or ideological interests when determining whether the Consultant/Contractor is responsible.

B. Giving preference to a Consultant/Contractor based on their social, political, or ideological interests.

This ensures that all evaluations and awards are conducted solely on the basis of objective criteria and the best interests of the City.

4.21. Identification of Variances

The Consultant/Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor.

• Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant/Contractor’s questionnaire.

• If no variances are identified in the submittal, the City will assume that:

A. The materials, equipment, or services offered fully comply with the Solicitation specifications.

B. The Consultant/Contractor agrees to all terms and conditions outlined in the attached Draft Contract.

Failure to disclose variances may result in the Consultant/Contractor being held to the full compliance of the Solicitation requirements.

4.22. Cone of Silence

Consultants/Contractors submitting a response to this Solicitation, or individuals acting on their behalf, are prohibited from contacting any employee, elected or appointed official or officer of the City concerning any aspect of this Solicitation from the time of its release until the end of the 72-hour period following the City’s posting of the notice of intended award.

Exceptions:

• Written communications directed to the Procurement Officer.

• As explicitly provided in the Solicitation documents.

This prohibition excludes Saturdays, Sundays, and state holidays.

Violation:

Failure to adhere to this provision may result in the rejection of the Consultant/Contractor’s response in accordance with…