Christmas_Decorations.pdf

ITB 25-118

Christmas Decorations

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

Christmas Decorations, ITB 25-118

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. INSTRUCTIONS

4. SOLICITATION TERMS AND CONDITIONS

5. CONTRACT TERMS AND CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

10. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents for the following:

The procurement, installation, and removal of holiday decorations and lighting across multiple public locations throughout Fort Myers. The goal is to create a festive, consistent, and professional display that enhances the holiday atmosphere for residents and visitors.

The Contractor will be responsible for providing all decorations, materials, and lighting equipment, as well as performing all installation and removal work in compliance with safety regulations and City standards.

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 fastest growing place by U.S News and World Report (2024).

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. Advertisement

ITB 25-118 Christmas Decorations

The City of Fort Myers is seeking submittals for ITB 25-118 Christmas Decorations which will be uploaded electronically on or before Thursday, October 9, 2025 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit https://procurement.opengov.com/portal/cityftmyers

CITY OF FORT MYERS

Marty K. Lawing, City Manager Legal Ad: News-Press/OpenGov

Mary Hagemann, City Clerk RUN DATES: Thursday, September 18,

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:

Parks & Recreation

1.5. 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. Contractor is 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 Contractor’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.6. Pre-Submittal Meeting

The purpose of a Pre-Submittal Meeting is to review and discuss the solicitation and any addenda as published. A representative from Procurement Services and a representative from the requesting department will be present to discuss the solicitation. The date, time, and location can be found above.

1.7. Timeline

The Proposed timeline for this solicitation (which is subject to change) is:

Solicitation Release Date: September 18, 2025

Question Submission Deadline: October 3, 2025, 2:00pm

Submission Deadline: October 9, 2025, 2:00pm

Proposed City Council Approval Date: October 20, 2025

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

1. The Contractor shall hold any necessary license(s) authorizing them to do business in the

State of Florida.

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

3. Neither 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. Contractor is required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

4.1. Judgments: Any court decisions against them.

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

4.3. Criminal Activities: Any criminal conduct, especially if it involves moral turpitude

(actions that are morally reprehensible).

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 Contractor must be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the Respondent’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The Contractor 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.

2.2. Scope of Services

Contractor, hereby agrees to provide and perform the Scope of Services required and necessary to complete the work as set forth below:

Holiday Lighting and Decoration Installation Locations for multiple locations within the City of

Fort Myers for the City of Fort Myers Parks and Recreation Department.

Project Overview:

This project includes the procurement, installation, and removal of holiday decorations and lighting across multiple public locations throughout Fort Myers. The goal is to create a festive, consistent, and professional display that enhances the holiday atmosphere for residents and visitors.

The Supplier will be responsible for providing all decorations, materials, and lighting equipment, as well as performing all installation and takedown work in compliance with safety regulations and City standards.

Area 1 – Dr. Martin Luther King Jr. Blvd (Michigan Ave to Lee Street)

• Provide and install sixty-three (63) holiday pole decorations, one on each light pole along the designated corridor.

• Decorations must be LED-lit and may include holiday-themed motifs such as stockings, palm trees with presents, candles, and snowflakes.

• All decorations must be securely mounted and rated for outdoor use.

Area 2 – MLK Blvd (Evans Ave to Hendry Street)

• Provide and install garland trim with green LED lights and decorative bows on four (4) light poles along MLK between Evans Avenue and Hendry Street.

• Garland must be weather-resistant and designed for outdoor light pole wrapping.

Area 3 – Hendry Street

• Provide and install garland trim with green LED lights and decorative bows on fifty-nine

(59) light poles along Hendry Street.

Area 4 – Centennial Park

Provide and install:

• One (1) 30-foot Christmas tree, fully decorated with LED lights, ornaments, and a holiday topper

• One (1) decorative fence around the tree

• Wrap four (4) Canary Palm trees as follows:

o Shafts wrapped in warm white LED lights o Fronds lit with green LED lights o All materials must be commercial-grade, waterproof, and safely secured.

Area 5 – Clemente Park

Provide and install:

• One (1) 30-foot Christmas tree, fully decorated with LED lights, ornaments, and a holiday topper

• One (1) decorative fence around the tree

• Wrap the following palm trees with holiday lighting:

o 8 Royal Palms in front of the tree: shafts in warm white LED lights, fronds lit green o 4 Royal Palms adjacent to the art piece: shafts in warm white LED lights, fronds lit green o 5 Canary Palms along MLK: shafts in warm white LED lights, fronds lit green o 22 Royal Palms along Henderson Avenue: shafts in warm white LED lights, fronds lit green o 12 Royal Palms outside the Black History Museum: shafts in warm white LED lights, fronds lit green

• · Provide and install multi-colored LED fence lighting along:

o Henderson Avenue o MLK Blvd

General Requirements:

Contractor will supply all decorations, garlands, lights, fasteners, power cords, control timers, and other materials necessary for installation.

• All decorations and lighting must be suitable for long-term outdoor display and rated for weather resistance.

• Contractor is responsible for installation, maintenance, and removal of all decorations.

• Work must be performed in coordination with the City and completed by the designated deadline (Date to be determined)

• All installations must comply with relevant safety codes and not obstruct pedestrian or vehicular traffic.

• Power access coordination with the City may be required where applicable.

3. INSTRUCTIONS

Procurement Information

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Contractor 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 Laws 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

1. 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.

2. 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.

3. Responsibilities

3.1. Contractor is solely responsible for ensuring timely electronic submissions.

3.2. The City is not responsible for the distribution of addenda or other solicitation-related information to Contractor who fail to register in OpenGov.

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

4. Addenda Distribution

All addenda and updates will be made available exclusively via OpenGov. Contractor is advised to regularly check the portal for any updates related to this solicitation.

3.1. 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 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.

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

1. 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.

2. Purpose of Solicitation Documents

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

3. Right to Cancel

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

3.3. Responsibilities of the Contractor

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

1. Download Official Solicitation Documents

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

2. Thoroughly Review Documents

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

3. Consider Applicable Laws and Regulations

Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.

4. Correlate Observations with the Solicitation Documents https://www.cityftmyers.com/1171/Procurement-Services

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

5. Report Conflicts or Discrepancies

Notify the Procurement Services Department by email to procurementservices@fortmyers.gov and submit a question through the E-Procurement Q&A tab of any conflicts, errors, or discrepancies in the solicitation documents by submitting a question through the E-Procurement

Q&A module.

5.1. 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.

6. Review the Draft Contract

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

6.1. This draft contains standard legal language and may be modified.

6.2. 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 Submission Questionnaire.

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

7. City's Right to Modify Contract

The City reserves the right to make modifications to the draft contract for specific solicitations before execution.

3.4. Questions and Addenda Guidelines

1. Submission of Questions

All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal. Only questions received before the deadline specified in the solicitation timeline will be considered. 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. Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Authority of Addenda and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation. All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract. It is the responsibility of the Contractor to review all addenda, revisions, and published answers to questions. 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 Contractor of their obligations under the solicitation or the mailto:procurementservices@fortmyers.gov resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

3. Modification of Solicitation Documents

The City reserves the right to issue addenda to modify the solicitation documents as necessary. Contractor(s) are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

3.5. Interpretation of Solicitation and Addenda

The absence of details or the omission of specific descriptions within the Solicitation or any addenda shall be construed as an obligation to comply with the highest standards of recognized commercial practice. All interpretations, clarifications, or determinations arising from this

Solicitation shall be strictly governed by, and subject to, the terms and conditions set forth in this Contract, being the final executed Contract between the City and the successful

Respondent, inclusive of the Solicitation, all addenda, the Respondent’s accepted response, and any subsequent modifications or amendments.

3.6. Incorporation of Procurement Policy and Ordinance

The City’s Procurement Policy and Ordinance (38-61 thru 68) are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Contractor agrees to be bound by the City’s Procurement

Ordinance and Policy in all matters related to this solicitation and any subsequent contract.

3.7. Submittal Preparation

1. Preparation of Response

Contractor 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 is not responsible for any expenses incurred by Contractor in the preparation and submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3. Proprietary Information

3.1. 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.

https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF

3.2. Ownership of Submittals All submittals received in response to this solicitation will become the property of the City and will not be returned to the Contractor.

3.8. Submission Requirements for Invitation to Bids

1. Submission Requirements and Instructions

Contractor is responsible for uploading their submittals directly into the OpenGov portal. The representative authorized to bind the 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 stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. Submittals will not be accepted after the deadline.

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.

2. Instructions for Uploading Submissions

2.1. Submission Process Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response. Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

2.2. Responsibility for Timely Submission The Contractor is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement

Portal before the specified due date and time. The City is not responsible for any delays or failures in submission caused by any occurrence.

3. Mandatory Minimum Qualification Documentation

Contractor must provide clear and specific documentation to verify that all mandatory minimum qualifications, as outlined in the section titled "Mandatory Minimum Qualifications," have been met.

4. Required Documents

See the "Submission Questionnaire" section for a detailed list of required documents.

5. Corporate Submittals

5.1. Must be executed in the corporate name by the President, Vice-President, or another corporate officer with evidence of signing authority.

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

Secretary.

5.3. The corporate address and state of incorporation must be included below the signature.

6. Partnership Submittals

Must be executed in the partnership name and signed by a partner. The title of the signing partner must appear under the signature, and the official address of the partnership must be included below the signature.

7. Litigation History

The Contractor must disclose whether they are involved in any current litigation or have any outstanding judgments. Include relevant details in the submittal.

8. Proprietary Information

8.1. Public Records and Confidentiality

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and unless otherwise exempt by applicable law:

8.1.1. Solicitation documents and responses are public records and will be made available upon notice of award or 30 days after the solicitation closing date, whichever occurs first.

8.1.2. Contractor must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as "confidential" are not sufficient.

8.1.3. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

8.2. Redacted Copy Requirement

Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.

8.3. City’s Judgment on Disclosure

The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

8.4. Ownership of Submittals

All submittals received in response to this solicitation become the property of the City of

Fort Myers and will not be returned.

9. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov portal. Paper responses will be deemed non-responsive, except as provided under the Americans with Disabilities Act.

9.1. Pricing Instructions

9.1.1. Submission Process

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

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

9.1.2. Unit and Extended Prices

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

9.1.3. Inclusive Pricing

Prices quoted must include all associated costs such as shipping, delivery, unpacking, setup, installation, testing, cleanup, training, and travel. No additional charges beyond those listed on the price sheets will be accepted.

10. Binding Submissions

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

11. Late Submissions

Late submissions will not be accepted under any circumstances. Contractor assumes full responsibility for the timely upload of their responses.

3.9. 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 irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Contractor must first submit a written request to the

City to amend the Solicitation. Such requests must follow the process outlined in the

“Interpretations of Solicitation 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.

3.10. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by the Contractor through the OpenGov portal 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 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 Contractor may withdraw its Submission. In such cases:

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

2.2. The Contractor will thereafter be disqualified from further participation in the Work to be provided under the Contract.

3.11. Opening Submissions for Non-Construction

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.

3.12. Irrevocable Offer

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

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.

3.13. Evaluation and Award Process for Invitation to Bids

1. Initial Review of Submissions

Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include but is not limited to

1.1. Verification of answers to required questions.

1.2. Confirmation of professional licensing.

1.3. Evaluation of references.

1.4. Review of bonding documents, if required.

1.5. Assessment of other relevant criteria.

2. Departmental Analysis

Procurement staff will provide an overview of the submissions to the Department

Representative for further analysis. This analysis will focus on scope requirements and price evaluations.

3. Optional Discussions

At the City’s discretion and in its best interest, the City may engage in discussions with the

Contractor to clarify their submissions.

4. Recommendation and Notice of Intent to Award

The Department Representative will email their recommendation to the Procurement

Representative, which will serve as the basis for issuing a Notice of Intent to Award.

Note: A Notice of Intent to Award does not constitute a contract. Final approval and authorization rest with the City Council.

5. Evaluation of Contractor's Capabilities

The City reserves the right to evaluate the following aspects of each Contractor prior to making an award:

5.1. Financial capability,

5.2. Reputation and integrity,

5.3. Skill and business experience,

5.4. Quality of performance on similar projects.

6. Additional Research

The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of 1) Contractor, 2)

Proposed Subcontractor and Supplier, 3) Other relevant persons or organizations.

This evaluation will ensure all parties are able to perform the work outlined in the Contract

Documents to the City’s satisfaction within the prescribed timeline.

3.14. Reserved Rights

1. Request for Additional Information

The City reserves the right to request additional information from the Contractor after the closing date. This may include but is not limited to

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

1.2. 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 Contractor, which may include background checks performed by the

Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to

3.1. Reject any and all Submissions;

3.2. Waive any and all informalities;

3.3. Negotiate contract terms with the Successful Contractor;

3.4. Disregard nonconforming, non-responsive, unbalanced, or conditional submittals;

3.5. Reject any submittal if it is determined that awarding to the Contractor is not in the

City’s best interest, including cases where a) The Solicitation is not responsive; b)

The Contractor is unqualified or has questionable financial ability; c) The Contractor fails to meet any other relevant standards or criteria established by the City.

3.15. 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.

3.16. Award of Contract for Invitation to Bids

1.Formal Award

1.1. General Provisions. Contracts will be awarded in accordance with the City’s

Procurement Code, Section 38-61 of the City of Fort Myers Code of Ordinances.

1.2. Invitations to Bid. The contract will be awarded to the responsive and responsible Contractor with the lowest overall cost, including any alternates, if applicable, following final approval by the City Council.

2. Purchase Order

The Purchase Order (PO) issued by the City to the selected Contractor within the time specified for acceptance may establish a binding contract without further action by either party, if a formal award is not made. The contract will include this Solicitation, any addenda, the

Contractor’s submittal, and the established Purchase Order. The Contract shall be governed by and construed in accordance with the laws of the State of Florida. 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.

3. Multiple Awards https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF

The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Contractor. In cases of multiple awards, the City will apportion work among the selected Contractor as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Contractor or class of Contractor.

3.17. Form of Contract

The City’s intended format for the awarded Contract is incorporated into this solicitation. However, any exceptions to the terms of this standard Contract must be clearly indicated in the Contractor’s submittal. The Contractor acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments

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

2. 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.

3.18. Execution of Contract for a Formal Award

The successful Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and receipt of the Contract from the City of Fort Myers Procurement Services, sign and enter into a Contract with the City. Simultaneously, the Contractor must provide:

1) Any required bonds;

2) Indemnities; and

3) 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.

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

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

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

2. Giving preference to a 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.

3.20. Identification of Variances

The 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 Contractor’s questionnaire. If no variances are identified in the submittal, the

City will assume that:

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

2. The Contractor agrees to all required terms and conditions outlined in the attached Draft

Contract.

Failure to disclose variances may result in the Contractor being held to full compliance of the

Solicitation requirements.

3.21. Cone of Silence

A Contractor 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 (excluding Saturdays, Sundays, and City recognized holidays) following the City’s posting of the notice of intended award.

Exceptions

1. Written communications directed to the Procurement Officer.

2. As explicitly provided in the Solicitation documents.

Violation

Failure to adhere to this provision may result in the rejection of the Contractor’s response in accordance with Section 287.057(25), Florida Statutes.

4. SOLICITATION TERMS AND CONDITIONS

4.1. Additional Services

Should the City request the Contractor to provide and perform services which are not set forth in 'Project Details', the Contractor agrees to provide and perform such Additional Services as may be agreed to in writing by both parties.

Additional Services shall be administered and executed as "Change Orders" to the purchase order. The Contractor shall not provide or perform, nor shall the City incur or accept any obligation to compensate the Contractor for any Additional Services, unless a Change Order or revised purchase order is received by the Contractor.

4.2. Antitrust

By entering a contract, the Contractor conveys, sells, assigns and transfers to the City of all rights, titles and interest it may now have or hereafter acquire under the antitrust laws of the

United States and the State of Florida that relate to the particular goods or services purchased or acquired by the City under said contract.

4.3. Assignment, Transfer and Subcontracts

The Contractor shall not assign or transfer any of its rights, benefits, or obligations, except for transfers that result from:

1. the merger or consolidation of the Contractor with a third party; or

2. the disestablishment of the Contractor's professional practice and the establishment of the successor Contractor. Nor shall the Contractor subcontract any of its service obligations hereunder to third parties without prior written approval of the City. The Contractor shall have the right, subject to the City’s prior written approval, to employ other persons and/or firms to serve as Subcontractor/Subconsultants to Contractor in connection with the Contractor performing services and work pursuant to the requirements of this Agreement. The Contractor must notify the Procurement Services Department of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, provide a new E-Verify Memorandum of Understanding, and provide written notification of such change on official company letterhead.

4.4. Background Screenings

Per Florida Statute Chapter 435, requires background screening for individuals who work or volunteer in positions of trust with vulnerable populations, including children, the elderly, and individuals with disabilities. The law primarily applies to certain types of employment, volunteer positions, and licensure processes. Specific groups required to undergo screening under this statute include Employees of Certain Health Care and Social Services Agencies, Volunteers

Working with Vulnerable Populations, Employees and Contractors for Public and Private Schools, Personnel in Residential Care Facilities, Other Positions Identified by Specific Statutes.

1. Background Screening Notice https://www.flsenate.gov/Laws/Statutes/2021/Chapter435

As part of the application process for Christmas Decorations ITB 25-118, candidates are required to undergo background screening in compliance with Florida Statute Chapter 435. This statute mandates Level 1 or Level 2 background checks, depending on the nature of the position, to ensure the safety and well-being of vulnerable populations, including children, the elderly, and individuals with disabilities.

2. Requirements

2.1. Level 1 background screening includes employment history checks and a statewide criminal background check through the Florida Department of Law Enforcement (FDLE);

2.2. Level 2 background screening involves a national fingerprint-based criminal history check through the Federal Bureau of Investigation (FBI), along with checks of sexual offender and predator databases.

3. Disqualifying Offenses

Certain criminal convictions may disqualify you from employment in this position. These include, but are not limited to violent crimes, sexual offenses, drug-related felonies.

4. Exemption Process

If you have a prior conviction that would normally disqualify you from this position, you may be eligible to apply for an exemption from disqualification under certain conditions, demonstrating rehabilitation and good conduct.

5. Re-screening

Periodic re-screening may be required during your employment to ensure ongoing compliance with the requirements of Florida Statute Chapter 435.

4.5. Business Relationship and Disclosure

The Contractor must comply with Florida Statute 112.313.

4.6. Current Capacity

The Contractor must certify that they have the financial capacity to complete the project by including the City's "Current Capacity Certification" form found in the Submission

Questionnaire.

4.7. Cybersecurity

Contractor must be aware of Florida Statute 119.0725.

4.8. Delivery

Material, equipment, and services shall be provided only by authorized Purchase Orders issued by Procurement Services. Failure of the Contractor to provide commodities/services as specified or to promptly replace damaged or defective products shall render Contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2022/0119.0725

Delivery shall be F.O.B. Final Destination, to a location within the City as designated on the

Purchase Order.

4.9. Discontinued Items

The City must give written approval of any replacements provided for discontinued items.

4.10. Drug-Free Workplace

Whenever two or more bids, proposals, or replies are equal with respect to price, quality, and service, the City will give preference in the award process to the business that certifies it has implemented a drug-free workplace program consistent with the provisions of Florida Statute

Section 287.087, unless otherwise stated in the solicitation.

4.11. Eligible Users / Piggyback Option

1. Departments All departments of the City are eligible to use this contract.

2. Other Government Agencies At the option of the awarded Contractor, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this Proposal.

4.12. Equivalent or Substitute Items

The materials and equipment described in the Solicitation Documents establish a standard of required function, dimension, appearance, and quality to be met by a proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Contractor and has been received by the City at least fifteen days prior to the date for receipt of the submittal. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes to other materials, equipment or work that use of the substitute would require, shall be included. The Contractor shall bear the burden of proof regarding the merit of the proposed substitution. Such approval will be issued by Addendum to all prospective Contractors. Contractors shall not rely upon approvals made in any other manner.

4.13. Failure to Enforce

Failure by the City at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms.

4.14. Florida Civil Rights Act (FCRA)

The Contractor shall comply with provisions of Florida Statutes Chapter 760 the Florida Civil

Rights Act (FCRA), that protects individuals from discrimination in employment, housing, and public accommodations based on characteristics such as race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

4.15. Force Majeure

Neither party shall be held liable for any damages or delays in performance caused by events beyond their reasonable control. Such events include, but are not limited to, acts of God, strikes, lockouts, wars, acts of terrorism, riots, actions or orders of governmental authorities, extraordinary weather conditions, natural disasters, pandemics, or other unforeseen events that could not have been reasonably anticipated or prevented by either party. Each party agrees to notify the other promptly of any such event that may cause a delay in performance.

4.16. Foreign Corporation

In accordance with F.S. 607.1501, and provided an exemption is not available, a foreign corporation may not transact business in Florida until it obtains a certificate of authority from the Florida Department of State. Foreign corporations may submit responses prior to obtaining a certificate of authority from the Florida Department of State. A foreign corporation must be in compliance with F.S. 607.1501, prior to entering into a Contract with the City.

4.17. Holidays, City Recognized

City recognized holidays include New Year's Day, Martin Luther King's Day, President's Day, Memorial Day, Juneteenth, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, the day after

Thanksgiving, and Christmas Day.

4.18. Human Trafficking

Effective July 1, 2024, pursuant to §787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Prior to contract execution, extension or renewal, the nongovernmental entity shall complete and submit the form under the attachment section.

4.19. Immigration Laws

The City will not intentionally award City Contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the Employment Provisions contained in 8

U.S.C. Section 1324 a(e) Section 274a(e) of the Immigration and Nationality Act (“INA”).

The City may not consider employment by any Contractor of unauthorized aliens a violation of

Section 274a(e) of INA. Such violation by the recipient of the employment provisions contained in

Section 274a(e) of the INA shall be grounds for unilateral cancellation of the contract by the City.

Contractor attests that they are fully compliant with all applicable Immigration Laws (specifically to the 1986 Immigration Act and Subsequent Amendments).

https://www.flsenate.gov/Laws/Statutes/2021/Chapter760/PART_I

4.20. Independent Proposal Affirmation

By submitting a Response, a Contractor warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

4.21. Laws - Federal, State, and Local

Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, administrative rules, regulations and requirements applicable to the

Project, including but not limited to those dealing with taxation, workers’ compensation, equal employment and safety.

If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the City in writing.

4.22. Liability for Errors

The City has made considerable efforts to ensure accurate representation of the information in this Solicitation, the information contained is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City nor is it necessarily comprehensive. Nothing in the Solicitation is intended to relieve the Contractor from forming their own opinions and conclusions with respect to this request.

4.23. Non-Collusion

The Contractor certifies, swears, and attests that it is fully informed regarding the preparation and contents of the attached Solicitation and all relevant circumstances concerning the provision of goods or services to the City. The Contractor further certifies that the offer or submittal is genuine, not collusive, and not submitted in bad faith; that all information contained therein is true, accurate, and complete to the best of its knowledge and belief; and that the individual executing the submittal is duly authorized to do so on behalf of the company.

The Contractor affirms that it is ready, willing, and able to perform all contractual obligations if awarded a contract. The Contractor further certifies that this submittal is made without any prior understanding, agreement, connection, discussion, or collusion with any other person, company, or entity submitting a response for the same goods or services and that no officer, employee, or agent of the City or any competing company has any undisclosed financial interest in the submittal.