Body_Shop_Repairs.pdf

ITB 0029-24

Body Shop Repairs

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

Body Shop Repairs, ITB 0029-24

TABLE OF CONTENTS

I. INTRODUCTION

II. SCOPE OF WORK

III. INSTRUCTIONS TO RESPONDENTS

IV. GENERAL CONDITIONS

V. INSURANCE

VI. LOCAL PREFERENCE

VII. MINORITY BUSINESS ENTERPRISE PROGRAM

VIII. DEFINITIONS

IX. VENDOR SUBMISSIONS

X. PRICING TABLE

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide Fleet Auto Body Repair.

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. Proposers are strongly encouraged to read the various vendor 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 an Offeror’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@cityftmyers.com

Phone: 239-321-7235

2. SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

A. The Respondent(s) shall hold a current license from the State of Florida as required for each discipline.

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org).

C. Respondent shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Council.

D. Neither Respondent 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.

E. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner’s request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions)

Following the opening, Respondents that do not meet the Minimum Qualification Requirements as set forth in this solicitation will not be considered further. The awardee will be required to maintain the Minimum Qualification Requirements during the term of the Contract and any contract renewals.

2.2. Accidnet Repairs

Scope of Services

It is the intent of the City of Fort Myers to secure the services of multiple licensed and insured contractors located within Lee County to provide collision and body repair services to miscellaneous damaged vehicles, and to establish an annual contract. Contractors outside the boundaries of Lee County Florida shall not be considered for this work.

The City of Fort Myers is requesting competitive proposals from contractors able to provide auto body repair services on a variety of vehicles that consists of light to medium duty trucks, compact cars, sedans, police vehicles. Most common vehicles are 2008 to 2023 Ford

F150/F250/F350, 2015 to 2023 Ford Explorers, and larger vehicles which may include but not be limited to 65’ in length and/or various body styles on large chassis.

Proposals/Estimates:

In instances where the vehicle is not operational and cannot be driven to the contractor’s location for proposals/estimates, the contractors will be required to respond to Fleet

Maintenance Facility located at 4200 Dr. Martin Luther King Jr. Blvd, Fort Myers, FL. on a date and time provided by the City Procurement Office, Fleet Superintendent, or designee.

Contractors who do not appear on the date and time provided will forfeit their ability to provide a proposal/estimate for that specific vehicle repair. Contractors will be notified electronically by email on file with the city.

In instances where the vehicle is still operational, a city employee will drive the vehicle to the various contractor locations for inspection.

Completed “Request for Quotes” shall be electronically submitted to the Procurement Services

Division no later than three days after vehicle inspections. Failure to submit and/or respond to the Request for Proposal within the allotted period will result in the contractor forfeiting the ability to be considered for that specific vehicle repair. City Purchasing Agent email address will be noted on the Request for Quote form.

The Contractor shall be responsible for the pick-up and delivery of vehicles on occasion and at other times the vehicles may be towed to the body shop service center by the City’s towing service. Pick up location will generally be located at 4200 Dr. Martin Luther King Jr. Blvd, Fort

Myers, FL. Pick up of vehicles shall be absorbed by the body shop service center and covered under their insurance protection.

Contractor’s employees shall be certified for Collision Repair and Refinishing through I-CAR

Collision Repair and Training and shall be certified as an Automotive Technician through the

National Institute for Automotive Service Excellence (ASE) and be current with the required

Continuing Education Units to maintain certifications.

All parts must be certified by the Certified Automotive Parts Association (CAPA). Aftermarket parts are acceptable if they are new. Any aftermarket body/structural parts must be CAPA

Certified and/or OEM. Used and/or recycled parts shall not be acceptable unless explicitly requested or approved by the Fleet Division of the City of Fort Myers.

Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, storage, equipment and machinery, tools, and incidentals necessary for completion of the work. The city cannot assume responsibility for lost or stolen items. No subcontracting is permitted without the expressed written approval of the City.

The Contractor must be compliant with all Department of Environmental Protection (DEP) regulations in the operation of body work being performed on vehicles (i.e. paint booth for painting of vehicles).

Should the Bidder be awarded any portion of the bid and become unable to perform due to breakdown, equipment scheduling, lack of equipment or manpower, and/or time constraints, then the City has the right to go to an alternate contractor without penalty.

This solicitation will provide for fixed term pricing for standard body work and qualify not more than four contractors to competitively bid on specialized body work. The fixed term pricing shall be fixed for a specified period and increases over the contract period may be negotiated prior to the final award.

This means that the City reserves the right to contract with one primary contractor for work as specified on the proposal page and possibly a secondary contractor in the event the primary is busy and can’t perform the work in a timely manner. All other work may be bid out between those that are qualified and selected through this RFP process.

For specialized body work the qualified vendors shall provide complete and detailed written estimates to include but not be limited to itemized parts list and the length of labor per procedure. Once notified the contractor shall have 48 hours to turn in the estimate.

Pictures: Contractors shall provide a minimum of four before pictures and four after pictures of the vehicles to the Fleet Department prior to being paid for any services.

Unforeseen damage (supplements) may not exceed 10% of the original estimate. The Fleet

Department shall track supplements. Excessive numbers of supplements will potentially result in the contractor not obtaining additional work.

All supplements must be approved by the Fleet Department prior to any additional work being conducted. In the event the contractor proceeds without written approval the work will be done at no charge to the City of Fort Myers.

The City of Fort Myers reserves the right to verify any submitted information and/or seek additional information regarding proposer’s qualifications. The proposer agrees to provide such additional information relating to their qualifications as may be requested by the City, prior to award.

The Contractor shall guarantee workmanship, materials and/or equipment supplied as result of the contract for a period of one (1) year from the date of acceptance by the City.

It shall be the responsibility of the contractor to comply with OSHA, EPA, DOT and other applicable Federal and State of Florida laws, rules, regulations, or other requirements. This includes, but is not limited to, 29 CFR 1926 (Safety and Health Regulations for Construction) and 1910 (Safety and Health Regulations for General Industry). Contractors are required to have a written Health and Safety Program that is jobsite specific. The elements of this written program shall be in accordance with OSHA 1926 and 1910.

The Contractor must provide for a Health and Safety Plan for their employee’s facility.

The Contractor will post, where appropriate, all necessary job-site Health and Safety notices.

The City of Fort Myers reserves the right to conduct unannounced job-site inspections during the term of the contract. Minor safety violations may be addressed immediately with the contractor; however, and major safety violations will result in written notification to the

Contractor.

CONTROL OF FUGITIVE EMISSIONS: The Contractor shall take all reasonable precautions necessary to control fugitive emissions from the job site. Fugitive emissions include, but are not limited to nuisance dust, chemical odors/vapors/gases, hazardous materials such as lead or asbestos, and noise. Where the product(s) or material(s) to be used by the Contractor has a permissible exposure limit (PEL) established by OSHA the Contractor shall take all reasonable steps to maintain emissions of the product(s) or materials below the OSHA PEL. To verify that emissions are maintained below the OSHA PEL, the Contractor shall monitor, or shall contract to have monitored, work area exposure conditions. Monitoring shall occur, at a minimum, during the start of work and whenever there is a change in procedure, process, or chemical or material used. If it is deemed not practical to maintain exposures below the PEL, the Contractor shall restrict access to all areas where exposures exceed the PEL to authorized personnel only.

3. INSTRUCTIONS TO RESPONDENTS

REQUEST FOR INFORMATION

Procurement Services is the official source to obtain information relating to City of Fort Myers solicitations. It is incumbent on the Respondent to obtain solicitation and current award information prior to and after the scheduled opening date of a Solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date.

APPLICABLE LAW AND APPEALS

This Solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 38, Article III and Article IV of the City of Fort Myers’s Code of

Ordinances which may be accessed online at:

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38

FI_ARTIIIPU

or by contacting Procurement Services. Any appeal relating to this solicitation must be filed in accordance with the requirements of the City Code of Ordinances.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact Procurement Services, at 2200 Second Street, Fort Myers, FL 33901, cfmpurchasing@cityftmyers.com or 239 321-7232, no later than seven (7) days prior to the date on which the accommodation is requested.

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

OpenGov shall be the “Official Time” that shall be used in identifying the actual closing time. Submittals will not be accepted after the date and time specified. Electronic submissions are the responsibility of the Respondent.

The City will not be responsible for the distribution of addenda and/or other information regarding this request if the Respondent did not register in the City’s

Bid Portal, in OpenGov. All addenda will be provided via OpenGov.

3.1. Introduction

To be entitled for consideration, electronic submittals shall be submitted in accordance with the instructions of this solicitation within the time stated.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU mailto:cfmpurchasing@cityftmyers.com

The portal will keep all files locked until the Solicitation closes.

The City reserves the right to accept or reject any or all submittals and to waive minor irregularities and technicalities. The City’s decision in such matters is final.

3.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website https://www.cityftmyers.com/1171/Procurement-Services, follow the link to Active Solicitations to obtain solicitation information. Correct registration information is the responsibility of the supplier. The City will not be responsible for incorrect contact information.

A. Solicitation documents must be used in preparing submittals; the City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete

Solicitation Documents.

B. The City provides solicitation documents for the purpose of obtaining submissions.

3.3. Examination of Solicitation Documents

It is the responsibility of each Respondent, before submitting an offer to

A. Download solicitation documents from OpenGov. Documents from other sources are not guaranteed to be accurate.

B. Examine the Documents thoroughly; it is the respondents responsibility to understand the requirements and to request additional information (via questions in OpenGov) if needed.

C. Consider Federal, State, and Local Laws, ordinances, codes, and Regulations that may affect cost, progress, performance or furnishing of the Work.

D. Study and carefully correlate Respondent’s observations with the Documents, and

E. Notify City of all conflicts, errors, or discrepancies in the Documents.

F. The Contract form that the City intends to use for the award is included as an attachment with this solicitation for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard

Contract should be clearly indicated in the Vendor’s questionnaire and Respondent understands that such exceptions may affect the evaluation of the submittal.

Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

https://www.cityftmyers.com/1171/Procurement-Services

1. The City reserves the right to make minor modifications to this contract for specific solicitations, prior to execution of the contract.

3.4. Interpretations and Addenda

A. All questions about the meaning or intent of the solicitation document are to be submitted through the OpenGov Portal. Only questions received prior to the date and time specified in the timeline will be considered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Any addenda issued electronically during the time of solicitation shall be included in the solicitation, and each will be incorporated in the subsequent contract.

All answers to questions of substance will be publicly published. Revisions within the solicitation as well questions posed through the “Questions & Answer” feature are authoritative and shall be considered an addendum to the solicitation. All information in this Solicitation, including that provided through the 'Question and Answer' feature are incorporated into the Solicitation or any Contract resulting from this

Solicitation. Participants are required to review all addenda, revisions, and answers to questions published.

No oral interpretations will be made to Respondents as to the meaning of submittal documents. Requests for such interpretations are to be submitted through the OpenGov

Portal. Failure on the part of the Respondent to do so shall not relieve them of the obligation to execute such work in accordance with the latest interpretation by the

City. All interpretations made to the Respondent shall be made in the form of addenda to the submittal documents and posted to OpenGov. Respondents are strongly urged to attend the pre-submittal meeting.

B. Addenda may also be issued to modify the Solicitation Documents as required by the

City.

3.5. Omission from the Solicitation

The apparent silence of any addendum regarding any details or the omission from the

Solicitation of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of this Solicitation shall be made upon the basis of this Contract.

3.6. Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation a Respondent agrees to be bound by the City Procurement Ordinance and

Policy in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

3.7. Submittal Preparation

A. Preparation

Prepare your response in a clear and concise manner. Ensure that the content of your submittal is complete. Special attention should be given to the specific information, instructions and requirements of the Solicitation document to ensure responsiveness.

Responses that are incomplete or lack key information may be rejected. To help facilitate the review process, properly label each section or tab to correspond with your submittal information.

B. Incurred Expenses

The City is not responsible for any expenses which Respondents may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the

Respondents.

C. Proprietary Information

1. In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all

Respondents should be aware the Solicitation and the responses are in the public domain after the intent to award notification or thirty (30) days after solicitation closing. Respondents are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law; provided, however, that nothing shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and

City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient. Failure to provide

Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your response detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire response being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

2. In addition to the response submitted, a Respondent asserting any exemptions from public disclosure regarding any portions of its response shall also provide a redacted copy of its Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal identified on Attachment “E” as exempt from disclosure under an applicable law.

3. By submitting a response, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Respondent's designation of material as confidential or exempt from public disclosure. A Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the Respondent’s designation of material as confidential or exempt from public disclosure.

4. Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or

Florida public records laws, including but not limited to filing a declaratory action.

5. All submittals received from Respondents in response to this Solicitation will become the property of the City of Fort Myers and will not be returned.

3.8. Submission Requirements (ITB)

Respondents are responsible for uploading submittals directly into OpenGov.

Submit statements through the OpenGov portal at:

https://procurement.opengov.com/portal/cityftmyers. The representative who is authorized, to bind the Respondent to the submittal shall sign the qualification statement.

A submittal is timely only if received through the OpenGov portal no later than the precise date and time stated on the timeline. The official time used to determine such time, will be the time clock on the OpenGov portal. The portal will not accept submittals after the date and time set for closing.

A. Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in section titled "Mandatory Minimum Qualifications," have been met. Documentation must be clear and specific.

B. Required Documents – (see Vendor Submission section)

C. Respondents by corporation must be executed in the corporate name by the President or Vice-President (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

D. Respondents by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

E. Litigation History

The Respondent shall describe whether Respondent is involved in any litigation, currently or within the last seven (7) years. Respondent shall also describe whether they have any outstanding judgments pending against Respondent.

F. Bankruptcy

The Respondent shall provide information on any bankruptcy proceedings for the firm or the primaries in the last seven (7) years.

G. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Request for Proposals and the responses thereto are in the public domain and will be released upon notice of award or thirty (30) days from solicitation closing, whichever comes first. Respondents must specifically identify any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law; provided, however, that nothing herein shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient. Failure to provide

Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Each Respondent must complete the “Confidential and/or Proprietary Information

Section of the Questionnaire”, included with this solicitation.

In addition to the Proposal submitted a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal shall also provide a redacted copy of its Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal as exempt from disclosure under an applicable law.

By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Respondent's designation of material as confidential or exempt from public disclosure. A Respondent shall indemnify and hold harmless the City

(and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees

(including attorneys' fees), related to the Respondent’s designation of material as confidential or exempt from public disclosure.

Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or Florida public records laws, including but not limited to filing a declaratory action.

All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

H. Electronic Pricing Form Instructions

Procurement Services has implemented an electronic e-procurement platform to streamline the solicitation process.

All responsive Respondents to this solicitation must submit electronic submittals/responses through OpenGov. Paper responses will be deemed non-responsive.

1. PRICING INSTRUCTIONS (if applicable)

a. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

b. Unit prices for each item bid shall be shown (if applicable). A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail.

c. No additional charges, other than those listed on the price sheets, shall be made.

Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and travel charges.

3.9. Delivery of Submittal

Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

A. Instructions for submitting a response

1. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your submittal, along with all required attachments, and submit.

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-Procurement Portal by the due date and time. The

City shall not be responsible for any submission delays or failures caused by any occurrence.

B. Proposal Binding

All submissions submitted shall be binding for one hundred eighty (180) calendar days following opening.

C. Late Submissions

Late Submissions will not be accepted. Respondents shall assume full responsibility for timely upload of the Proposals.

3.10. Conformance to Solicitation

A. All submittals shall meet and conform to all material, mandatory requirements set forth in this Solicitation, provided that nothing shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

If a Respondent desires to submit an Offer which, if selected by the City, would require the City to waive, alter or omit a material, mandatory requirement set forth in this

Solicitation, the Respondent must first submit a request to the City asking the City to amend the requirements of this Solicitation in the same manner provided for the submission of written questions by Respondents provided in the section of this

Solicitation entitled “Interpretations and Addenda.” If the City, in its discretion, agrees to amend, alter, or waive the requirement, the City shall issue notice to all prospective participants of the change in the form of a written addendum.

Any request to waive, alter, or amend a mandatory requirement of the Solicitation should be in the form of a written question that can be answered in an Addendum issued to all participants. Please note, the City is not asking the participant to send in their submittal prior to the submission date, but merely to request a waiver or amendment to a mandatory requirement necessary to allow submission of the intended

Proposal.

3.11. Modification and Withdrawal of Solicitations

A. Solicitations may be modified or withdrawn by through the Respondent’s account on

OpenGov any time prior to the opening of Solicitations.

B. If, within twenty-four hours after Solicitations are opened, any Respondent files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material and substantial mistake in the preparation of its Solicitation, that Respondent may withdraw its Solicitation and the Solicitation security will be returned. Thereafter, that Respondent will be disqualified from further submitting on the Work to be provided under the Contract Documents.

3.12. Closing Date & Time

It is the Respondent’s responsibility to ensure that submittals are electronically uploaded before the date and time described herein. Offers by telephone, email or hardcopy will NOT be accepted.

3.13. Irrevocable Offer

The submission of a response shall constitute an irrevocable offer to the City by the Respondent for a period of one hundred twenty (120) days from the date of opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the submittal, but City may in its sole discretion, release any Solicitation.

3.14. Evaluation of Submittals (ITB)

A. 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, proper question answer verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by Procurement Services staff.

B. Procurement staff will send an overview to the Department Representative for further analysis for scope requirements and price analysis.

C. Optional Discussion: At the discretion and in the best interest of the City, the City may conduct discussions with Respondents to clarify their response.

D. The Department Representative emails the Procurement Representative their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. Final approval is authorized by the City Council.

E. The City reserves the right to analyze the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each

Respondent prior to making an award.

F. City may conduct such research as City deems necessary to assist in the evaluation of any Solicitation and to establish the responsibility, qualifications and financial ability of

Respondents, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City’s satisfaction within the prescribed time.

3.15. Reserved Rights

A. The City has the right to request additional information, after the closing date, from the

Respondent including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to more fully 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 Respondent as it deems appropriate, including but not be limited to, a background investigation conducted by the Fort Myers Police Department.

B. City reserves the right to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any or all submittals or waive any informality or technicality in submittals received.

C. City reserves the right to reject any and all Solicitations, to waive any and all informalities and to negotiate contract terms with the Successful Respondent, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional responses. Also, City reserves the right to reject the submission of any Respondent if

City believes that it would not be in the best interest of the City to make an award to that Respondent, whether the Solicitation is not responsive, or the Respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City.

3.16. Protest Procedure

Any Respondent that has submitted a formal Offer to the City, and who is adversely affected by an intended decision with respect to the award of the formal Solicitation, shall file with the

City’s Procurement Manager a written notice of intent to file a protest no later than seventy-two

(72) hours (excluding Saturdays, Sundays, and City recognized Holidays) after posting of the

Solicitation tabulation, or if the Solicitation tabulation is not posted, not later than seventy-two

(72) hours (excluding Saturdays, Sundays and City recognized Holidays) after receipt of written notice from the City of the Intent to Award. The initial notice of intent to file a protest shall state the basis of the protest and clearly indicate its purpose is to serve as the initial notice of intent to file a Solicitation protest. Failure to clearly indicate its intent shall constitute a waiver of the right to seek any remedy provided under the Solicitation protest procedures.

For the purposes of computation, the initial notice of intent to file a protest shall be received by the Procurement Manager not later than four O’clock (4:00) P.M. on the third working day following the day of receipt of Notice of Intended Decision or the date of posting of Solicitation tabulation.

Any Respondent that has submitted a Solicitation to the City who is affected adversely by the intended decision with respect to Solicitation award, shall file a formal, written protest within five (5) calendar days after the date of filing of the initial notice of intent to file a protest. Upon filing of the Formal Written Protest, the Respondent shall post a bond, payable to the City in an amount equal to five percent (5%) of the total Solicitation or Ten Thousand Dollars ($10,000.00), whichever is less. Said bond shall be designated and held for the payment of any costs that may be levied against the protesting party by the City, as the result of a frivolous Protest. Said security shall be in the form of a cashier’s check on a national or state bank, money order, or a protest bond executed by the Respondent and a qualified Surety authorized to do business in the State of Florida, and acceptable to the City.

Failure to submit a cashier’s check on a national or state bank, money order or bond simultaneously with the Formal Written Protest shall invalidate the protest, at which time the

City may continue its procurement process as if the original “Notice of Intent to File a Protest” had never been filed.

The formal written protest shall contain the following:

A. City Solicitation number and title.

B. The name and address of the affected party, and the title or position of the person submitting the Solicitation protest.

C. A concise statement of the facts alleged and of the rules, regulations, statutes and constitutional provisions entitling the affected party of relief.

D. A statement indicating the relief to which the affected party deems themselves entitled.

E. Such other information as the affected party deems to be material to the issue.

F. A statement of disputed issues of material fact; and

G. Bond as required by this document.

Upon receipt of Notice of Protest, timely filed, the Procurement Manager shall hold the

Solicitation process or award of contract until the protest is resolved pursuant to fundamental principles of due process, except and unless the Dispute Committee makes a written determination that the award of a contract without delay is necessary to protect substantial interests in the City.

The Dispute Committee, shall, through the Procurement Manager meet with the protesting party within ten (10) working days (excluding Saturdays, Sundays and City recognized Holidays) of receipt of the formal written protest. The purpose of the meeting of the Dispute Committee, the Solicitation protestor and other affected parties is to provide an opportunity: (1) to review the basis of the Solicitation protest; (2) to evaluate the facts and merits of the Solicitation protest; (3) if possible, to reach a resolution of the Solicitation protest that is acceptable to the affected parties; and (4) if possible, to satisfy the Solicitation protestor to the extent that the

Solicitation protest might be withdrawn.

If, and in the event, the dispute cannot be resolved by mutual Contract, and there are disputed issues of material facts, the Dispute Committee shall refer the Solicitation and protest to the

City Council Members with a recommendation for resolution of the protest.

If the Council decision upholds the recommendation by the Dispute Committee regarding the award, and further finds that the Protest was either frivolous and/or lacked merit, the Council at its discretion, may assess costs, charges, or damages associated with any delay of the award, or any costs incurred with regard to the Protest. These costs, charges or damages may be deducted from the security (bond, cashier’s check on a national or state bank, money order) provided by the protestor. Any costs, charges or damages assessed by the City, in excess of the security, shall be paid by the protestor within thirty (30) calendar days of the Council’s final determination concerning the award.

“FAILURE TO FOLLOW THE PROTEST PROCEDURES REQUIREMENTS WITHIN THE TIME

FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE CITY, SHALL CONSTITUTE A WAIVER

OF YOUR PROTEST AND ANY RESULTING CLAIMS”

3.17. Award of Contract

A. Purchase Order

The purchase order provided by the City, to the selected Respondent within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this Solicitation and any addenda thereto, the

Respondent’s submittal, and established purchase order. If a contract is established, this will also become an official part of the contract. The contract shall be governed by

Lee County, Florida and interpreted, construed, and given effect in all respects according to the laws of the State of Florida.

B. Formal Award

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

Procurement Code, Chapter 23, Article 3 of the City of Fort Myers’s Code of

Ordinances.

2. For Invitations to Bid, if none of the above apply, A contract will be awarded to the responsive and responsible Respondent with the lowest overall cost, including any alternates, if applicable.

C. Multiple Awards.

The City reserves the right, in its sole discretion, after evaluation of all responsive submittals, to award the work described herein to more than one responsive and responsible Respondent. In such cases where an award is made to more than one responsive and responsible Respondent, the City shall apportion the work among the various providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers.

D. Term

The City intends to negotiate a contract for an initial term with the option to renew upon mutual consent of both parties. The length of the contract will be contingent upon the

Respondent’s submittal and financial investment and shall be negotiated between the

City and the successful Respondent.

E. Indemnification

The Respondent shall indemnify, hold harmless, and defend the City, and their respective City Council, Mayor, City Manager, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at any time by made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Respondent, or anyone performing any act required of the Respondent in connection with performance of any contract awarded pursuant to this Solicitation.

The Respondent shall indemnify and hold harmless, and defend the City, and their respective City Council, Mayor, City Manager, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys' fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Respondent during or after completion of the Work. These obligations shall survive acceptance of any goods, services, and/or performance and payment therefore by the City.

F. Hold Harmless Contract

The Respondent shall Hold Harmless the City, its directors, employees and assigns, from any and all claims, suits, actions, damages, liability and expenses in connection with loss of life, bodily or personal injury or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of, or occurring in connection with the performance of this contract. The Respondent’s obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion of omission from any policy of insurance.

G. Employment Eligibility: E-Verify System:

This Contract is subject to the terms, conditions, provisions and requirements of Section

448.095 of the Florida Statutes which is incorporated herein by this reference. Pursuant to Section 448.095 of the Florida Statutes, 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 and shall continue to do so at all times during the term of the Contract. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. A copy of the

Contractor’s E-Verify MOU must be on file with the City before any work commences.

3.18. Form of Contract

The Contract form that the City intends to use for the award is included with this Solicitation

Document as Exhibit “A” for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard Contract should be clearly indicated and Respondent understands that such exceptions may affect the evaluation of the Proposal submittal. Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

The City reserves the right to change/alter verbiage in the contract after responses are received and prior to execution based on the individual nature of each solicitation.

3.19. Execution of Contract

Unless such time is extended by the City, the successful Respondent shall, within fifteen (15) calendar days after Notice of Award is issued by the City of Fort Myers, Procurement Services, sign and enter into a Contract with the City, and simultaneously provide any required bonds, indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award.

3.20. Price Escalation

A. All prices offered herein shall be Respondent against any increase for three (3) years from the effective date of the contract. Prior to commencement of subsequent renewal terms, the City will entertain a request for escalation in accordance with the current

Consumer Price Index at the time of the request or up to a maximum 3% increase on the current pricing, whichever is lower.

B. For purposes of this section, "Consumer Price Index" shall mean the Consumer Price

Index-All Urban Consumers United States Average-All Items (CPI-U), as published by the

United States, Department of Labor, Bureau of Labor Statistics.

C. The City reserves the right to accept or reject the request for a price increase within thirty (30) days. If the price increase is approved, the price will remain Respondent for the renewal period for which it was requested.

D. Any price decrease realized by the Supplier during the contract period due to market change shall be passed on to City.

3.21. Prohibition against consideration of social, political or ideological interests in government contracting

An awarding body may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor." Additionally, an awarding body may not give preference to a vendor based on the vendor's social, political, or ideological interests. Per F.S. Chapter 287.05701: Prohibition against considering social, political, or ideological interests in government contracting.

A. As used in this section, the term "awarding body" means:

1. For state contracts, an agency, or the department.

2. For local government contracts, the governing body of a county, a municipality, a special district, or any other political subdivision of the state.

B. An awarding body may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

1. An awarding body may not give preference to a vendor based on the vendor's social, political, or ideological interests.

C. Beginning July 1, 2023, any solicitation for the…