FEMA_Grant_Management_Services_(Addendum_#1_Revision).pdf

0017-24 RFP

FEMA Grant Management Services

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

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

FEMA Grant Management Services, 0017-24 RFP

TABLE OF CONTENTS

I. Project Details II. Evaluation Criteria

III. Instructions to Respondents IV. General Conditions

V. Federal Contract Provisions VI. Insurance Requirements

VII. Vendor Submissions

1. Project Details

1.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic bid.

1.2. Minimum Qualifications of Respondents

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

Commission.

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).

1.3. Scope of Work

The City of Fort Myers is requesting Proposals to provide the City with services designed to advise and provide assistance, help, expedite the process, and receive and retain maximum

FEMA funds from incident date, during project closeout, and through the audit.

Goals

• Assurance that the public health and safety are well guarded.

• Assurance of full compliance with all Federal, State and Local Laws.

https://procurement.opengov.com/signup

• Assurance that the City will receive the maximum disaster reimbursement available funds entitled to by regulation.

• Development of mitigation measures to minimize the impact of future disasters and make the facilities disaster resistant.

• High quality service and value to the taxpayers of the City.

The Disaster Recovery Service provider will annually evaluate the current payroll tracking system (Kronos) and provide written recommendation (if any are needed) for document compliance of current Federal/State disaster reimbursement requirements, including reimbursement of volunteer hour credit.

The Disaster Recovery Service Provider will annually provide eight (8) hours of disaster reimbursement training to key individuals, determined by the City, responsible for aiding in the completion of FEMA Disaster Public Assistance Project.

Grant Management Tasks:

• Provide general grant management advice.

• Assist in the development of a disaster-recovery team.

• Assist in the development of a comprehensive recovery strategy.

• Provide advice to disaster-recovery team as appropriate and participate in meetings.

• Prepare draft correspondence to State and FEMA, as necessary.

• Assist in the development of mitigation proposals under Sections 404 and 406 of the Stafford Act.

• Help Coordinate Requests including but not limited to time extensions.

Eligibility Tasks:

• Review eligibility issues, and work with the City to develop justifications for presentation to FEMA and the State.

• Attend meetings with the City, State and FEMA as needed.

• Assist City departments/divisions with compiling and summarizing Category A and B costs and other documentation for presentation to FEMA and State.

• Assist the City to prepare Project Worksheets for small and large projects based upon information provided by the department/divisions.

• Assist the City departments/divisions with compiling costs and other documentation needed for presentation to FEMA and State for permanent work projects.

• Assist with compiling Force Account Labor data because of emergency activation.

• Provide oversight to departments having difficulty with their claims.

• Assist in determining, if any, eligible damages have not been quantified and presented to inspectors/Project Officers.

• Assist with site inspections and provide technical assistance as needed.

• Work with the City to resolve disputes that may arise.

• Address issues related to inter-agency funding conflicts.

• If the City disagrees with FEMA determinations, assist in strategizing, and writing appeals.

• When the City has completed all projects and drawn down reimbursement for all eligible costs, assist with finalizing preparations for State/FEMA final inspections and audits, and participate in exit conferences with State/FEMA.

Allowability Tasks:

• Assist City in developing an approach to filing and tracking costs.

• Review contracts and purchasing documentation.

• Review documentation prepared to date by departments.

• Assist in capturing and summarizing eligible costs for selected departments.

Engagement Management Tasks:

• Prepare program management plan.

• Prepare Flash Reports.

• Attend status meetings.

• Prepare invoices and supporting documentation.

2. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience of the Firm and

Qualifications of Assigned Personnel

A. Experience and capabilities to perform the scope of work

B. Required experience & capabilities in-house

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

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

E. Provide two examples of completed projects with similar scope and budget within the last 5 years. Preference will be given to working with public agencies.

Points Based 30 (30% of Total)

2. Approach to the Project

A. How your firm intends to approach the scope of services, including a comprehensive representation, demonstrating an understanding and a commitment of how your firm intends to fulfill the requirements of the scope of services.

B. How your firm will balance staffing needs for this project.

C. Describe unique abilities, innovative approaches, and/or special considerations

Points Based 35 (35% of Total)

3. Financial Stability

A. Provide a narrative description and such other information, if any, as Proposer deems necessary to demonstrate Proposer’s financial strength and capacity to provide, implement, and maintain the proposed system for the term of the Contract. The City reserves the right to request such additional financial information regarding Proposers as it deems necessary or appropriate from

Proposers or from any other party having relevant information, including but not limited to utilizing Dun and Bradstreet or other financial reporting companies’ financial reports for evaluation purposes or to request credit references in its review process. (10)

B. State if there are any known financial issues that will prevent the Proposer from providing, implementing, and maintaining the proposed system for the term of the Contract. (5)

C. State if your firm is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the

Proposer under federal bankruptcy law or any state insolvency law.

Points Based 15 (15% of Total)

4. Cost

Submitted costs

Points Based 20 (20% of Total)

3. Instructions to Respondents

3.1. 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 the Procurement Services, City Hall 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, OpenGov. All addenda will be provided via OpenGov.

IR-1. Introduction

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

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.

IR-2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website at 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.

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

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

Documents.

2.02 City provides solicitation documents on the above terms, does so only for the purpose of obtaining submissions.

IR-3. Examination of Solicitation Documents

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

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

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

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

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

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

3.06 The Contract form that the City intends to use for the award is included with this solicitation 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 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.

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

IR-4. Interpretations and Addenda

4.01 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, question and answer tab. 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

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

IR-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.

The forms outlined in Attachment A must be completed and submitted with your submittal:

Failure to submit these forms may result in your submittal being deemed non-responsive, thus ineligible for award.

IR-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.

IR-7. Submittal Preparation

7.01 Preparation

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

7.02 Incurred Expenses

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

Respondents.

7.03 Proprietary Information

7.03.1 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 Proposers should be aware the Request for Proposals 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 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.

2. Each Proposer shall complete the “Confidential and/or Proprietary Information

Exemption Form”, included with this Request for Proposals as Attachment “E”, and submit the form with their Proposal.

3. In addition to the Proposal submitted pursuant to Section 9.13, a Proposer 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 identified on Attachment “E” as exempt from disclosure under an applicable law.

4. By submitting a proposal, a Proposer acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the Proposer 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 Proposer's designation of material as confidential or exempt from public disclosure. A

Proposer 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 Proposer’s designation of material as confidential or exempt from public disclosure.

7.03.5 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.

6. 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.

IR-8. Submission Requirements

Respondents are responsible for uploading submittals directly into OpenGov.

Submit statements through the OpenGov portal at:

https://procurement.openGov.com/portal/cityftmyers. Submittals shall be clearly marked with the Respondent’s name, solicitation number, address, email, and telephone number and the name of the Procurement representative. 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 in the timeline. The official time used to determine such a time will be the time clock on the OpenGov portal. The portal will not accept submittals after the date and time set for closing.

8.01 A single PDF formatted document, signed by an authorized representative, must be submitted via the OpenGov portal:

8.02 Title Page – Introduction - Provide the name of Respondent's firm, address, e-mail address, telephone number, name of contact person, date, and the subject: Solicitation Number and Title

8.03 Table of contents including page numbers, bookmarked by section.

8.04 Letter of Transmittal

A. Limit to two (2) pages.

B. Briefly state the Proposer's understanding of the services to be provided and make a positive commitment to perform the work.

C. Provide the names of anyone who is authorized to represent the Respondent, their titles, addresses, e-mail addresses and telephone numbers.

8.05 Mandatory Minimum Qualification Documentation

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

Documentation must be clear and specific.

8.06 Required Documents – (see Vendor Questionnaire)

8.07 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.

8.08 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.

8.09 Litigation History

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

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.

8.10 Bankruptcy

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

8.11 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 after 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 Proposers 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 Proposer 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.

8.12 Electronic Pricing Form Instructions

The City Procurement Division has implemented an e-procurement platform to streamline the solicitation process.

All responsive Respondents to this solicitation must submit electronic submittals/responses through OpenGov. Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for all solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

8.12.1 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. [ITB Only] Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non-responsive.

D. 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.

IR-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.

9.01 Instructions for submitting a response

A. Once you have logged into OpenGov, 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.

9.02 Proposal Binding

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

9.03 Late Submissions

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

IR-10. Conformance to Solicitation

10.01 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.

IR-11. Modification and Withdrawal of Solicitations

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

OpenGov any time prior to the opening of Solicitations.

11.02 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 submission of the Work to be provided under the Contract Documents.

IR-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.

IR-13. Opening Solicitations

Submittals will be publicly opened and announced by Procurement Services on the due date and time as specified herein. The Respondent’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

o Instructions to join the solicitation opening virtual meeting:

1. Select a method to join

2. Join the virtual meeting.

3. See Introduction Section for the Location and/or link to the virtual Proposal

Opening.

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

o Provide live public comment

An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed. When called, unmute your device and state your name and address for the record.

13.03 In accordance with Florida Statues, Section 119(1)(b)2: Sealed Solicitations, submittals, or replies received by an agency pursuant to a competitive solicitation are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the Solicitations, submittals, or final replies, whichever is earlier.

IR-14. 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.

IR-15. Evaluation of Submittals

If this solicitation is an ITB 15.02 - 15.05 apply

15.01 Initial Review of Responses: Procurement Services will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by the Procurement

Representative

15.02 Procurement staff will send an overview to the Department Representative for further analysis of scope requirements and price analysis if price is a factor.

15.03 Optional Discussion: At the discretion and in the best interest of the City, the City or

Committee may conduct discussions with Respondents (or the short-listed Respondents, as applicable) or seek revision of Submittals from Respondents (or the short-listed Respondents, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such

Respondents (or short-listed Respondents) will be accorded fair and equal treatment with respect to discussion and revision of the Submittals. Revisions may be permitted after submission and prior to award of a Contract for the purpose of obtaining best and final offers.

15.05 The Department Representative emails the Procurement Representative with their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. The City Council authorizes final approval.

15.06 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.

15.07 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.

If this solicitation is an RFP/RSQ 15.08-15.10 apply

15.08 Respondents will be evaluated by a selection committee of individuals appointed pursuant to the City’s policies and procedures (“Committee”). The Committee will review and evaluate the submittals. Following evaluation, the Committee will rank the short-listed Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Short-listing.

15.09 After this evaluation process, at the discretion of the Committee, Respondents may be asked to make presentations/interview before the Committee. Further written documentation may be required prior to the presentation, or as a result of the presentation. Failure to promptly supply information in connection with such inquiry, including but not limited to information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for determination of non-responsiveness with respect to the proposal. During the presentation, the Respondent shall demonstrate its understanding of the project’s scope of work and shall discuss its approach to successfully completing the project.

15.10 Following the presentation/interviews, the Committee will rank the short-listed

Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Final

Ranking, and submit this information to Procurement Services in the form of a recommendation who will seek approval by the City Council of the ranking. Following and subject to City Council’s decision, the Department Director or designee will enter into negotiations with the top-ranked

Respondent with the intention of entering into a contract. If negotiations with the top-ranked

Respondent are unsuccessful, then negotiations with this Respondent will be terminated and negotiations will begin with the next successively ranked Respondent until a successful contract is negotiated or the solicitation is terminated. Once a contract is negotiated, the Mayor and City

Manager will execute the contract, or if required, seek approval from the City Council to enter into the contract prior to execution.

IR-16. Reserved Rights

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

Respondents including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Respondent as it deems appropriate, including but not limited to, a background investigation.

16.02 The 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.

16.03 The 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. The City also reserves the right to reject the submission of any Respondent if it is in the best interest of the City, 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.

IR-17. 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 Manager with a recommendation for resolution of the protest.

If the City Manager 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 City

Manager at their 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

City Manager'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”

IR-18. Award of Contract

18.01 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 in all respects according to the laws of the

State of Florida in Lee County, Florida.

18.02 Formal Award

18.02.1 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.

18.02.2 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.

18.03 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.

18.04. Term

The City intends to negotiate a contract for an initial term with the option to renew it 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.

18.05 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.

18.06 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.

18.07 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.

IR-19. 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 Proposer 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.

IR-20. Execution of Contract

Unless such time is extended by the City, the successful Proposer 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.

IR-21. Price Escalation

21.01 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.

21.02 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.

21.03 The City reserves the right to…