Investment_Banking_Bond_Underwriter_Services_(Addendum_#4_Revision).pdf

RFP 26-010

Investment Banking/Bond Underwriter 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

Investment Banking/Bond Underwriter Services, RFP 26-010

TABLE OF CONTENTS

1. INTRODUCTION

2. PROJECT DETAILS / SCOPE OF WORK

3. EVALUATION PHASES

4. INSTRUCTIONS

5. SPECIAL CONDITIONS (solicitation specific items)

6. SOLICITATION TERMS AND CONDITIONS

7. CONTRACT TERMS AND CONDITIONS

8. INSURANCE

9. DEFINITIONS

10. SUBMISSION QUESTIONNAIRE

11. DRAFT CONTRACT

1. INTRODUCTION

1.1. Summary

Summary

The City of Fort Myers (“City”) is soliciting proposals from qualified firms (“Proposers”) interested in providing investment services for municipal bond issues related to the City’s funding of capital needs and/or refinancing of its existing debt. Based upon the proposals received, the City will establish a pool of underwriters to provide services relating to the financing, refinancing, or restructuring of the City’s debt during the term of the engagement. The City aims for the pool to be made up of a diverse group of qualified firms with a variety of strengths and proven ability to meet the City’s specific financing needs.

Background

The City of Fort Myers (“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 1,027 employees serving a population of 102,060 per the 2025 population estimate 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. The City added a total of $6.0 billion to its tax base over the past five years, or 76.9%.

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.

1.2. Advertisement

RFP 26-010 Investment Banking/Bond Underwriter Services

The City of Fort Myers is seeking submittals for RFP 26-010 Investment Banking/Bond Underwriter

Services. Submissions must be received electronically on or before Tuesday, January 13, 2026 at

2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit

CITY OF FORT MYERS

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

Mary Hagemann, City Clerk RUN DATES: Friday, December 5, 2025

1.3. 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:

Financial Services

1.4. OpenGov Portal

The City uses OpenGov (https://procurement.opengov.com/portal/cityftmyers) to administer the competitive solicitation process, including but not limited to soliciting responses, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from OpenGov. Consultant 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 Consultant’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

1.5. Timeline

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

Solicitation Release Date: December 5, 2025

Question Submission Deadline: December 19, 2025, 2:00pm

Submission Deadline: January 13, 2026, 2:00pm

City Hall

2200 Second Street

Finance West Conference Room

Selection Committee: January 23, 2026, 10:00am

Proposed City Council Approval Date: February 2, 2026

2. PROJECT DETAILS / SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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

State of Florida.

1. Proposers will comply with the SEC, FINRA, MSRB, Florida Statutes, the City’s Debt

Policy and any other applicable regulations or policies and procedures established by the

City.

2. Proposers must have demonstrated knowledge of the municipal capital markets and experience in structuring, marketing, and executing negotiated bond issues for local governments nationally and in Florida.

3. Proposers are required to disclose conflicts of interest to the City as part of its proposal, if applicable, and throughout the term of the engagement as they arise.

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

3. Neither Consultant 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. Consultant 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).

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

To demonstrate qualifications to perform the Work, each Consultant 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 Consultant’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The Consultant will be required to maintain the Minimum Qualifications Requirements during the term of the Contract and any contract renewals.

2.2. Scope of Services

The City of Fort Myers (“City”) is soliciting proposals from qualified firms (“Proposers”) interested in providing investment services for municipal bond issues related to the City’s funding of capital needs and/or refinancing of its existing debt. Based upon the proposals received, the City will establish a pool of underwriters to provide services relating to the financing, refinancing, or restructuring of the City’s debt during the term of the engagement. The City aims for the pool to be made up of a diverse group of qualified firms with a variety of strengths and proven ability to meet the City’s specific financing needs.

The City anticipates selecting an underwriter(s) from the established pool for each transaction based on the Proposer’s service to and coverage of the City, including suggestions of new ideas, strategies, or techniques; performance on prior City transactions; specific experience related to the transaction being contemplated; and/or other demonstrated services and commitment to the City. The City strives to maintain ongoing communication and relationships with its investment banking pool. The City reserves the right to determine the number of underwriters and to select the underwriter(s) for each specific transaction at its sole discretion and is not obligated to retain any specific firm for any financing. Existence of the underwriting pool shall not prohibit the City from using a competitive sale process, bank loans, or other financing vehicles in instances where the City deems the use of these or alternative financing structures to be in the City’s best interest.

Information regarding the City can be found at the links below:

• Annual Comprehensive Financial Reports - https://fortmyers.gov/1530/Annual-

Comprehensive-Financial-Report

• Bondholder Reports - https://fortmyers.gov/1529/Bondholders-Report

• Budgets - https://fortmyers.gov/1499/Budget

• Capital Improvement Program - https://fortmyers.gov/2067/Capital-Improvement-Program

The Consultant will assist the City in the structuring, marketing, and negotiated sale of bonds to meet the financing requirements of each specific issuance. Services expected of the Consultants will include, but not be limited to, the following:

1. Assist in the development, planning, and structuring of the City’s issuance of bonds, including making recommendations on the bond structure, redemption provisions, timing of the sale, overall sales approach, and other important aspects of the transaction.

2. Assist in the review of legal documents, including the Preliminary Official Statement, Official Statement, Continuing Disclosure Agreement, Bond Purchase Agreement, and other necessary legal documents to result in a successful financing that is in the best interests of the City.

3. Assist in analyzing and communicating the security and credit structure for the bonds, including credit enhancement and credit ratings.

4. Develop a recommended marketing plan for each financing that addresses current market conditions, investor preferences, and structuring options to access a broad https://fortmyers.gov/1530/Annual-Comprehensive-Financial-Report https://fortmyers.gov/1530/Annual-Comprehensive-Financial-Report https://fortmyers.gov/1529/Bondholders-Report https://fortmyers.gov/1499/Budget https://fortmyers.gov/2067/Capital-Improvement-Program investor base and achieve favorable bond pricing and terms.

5. Underwrite the financing based upon terms and conditions agreed to by both the City and the underwriting syndicate in the Bond Purchase Agreement.

6. Participate in meetings and conference calls as requested, including working group calls and presentations to the City.

7. Assist with the closing of the bonds, including the review of all closing documents and providing a post-financing report to the City which highlights the results and key characteristics of the financing.

The underwriters for each financing are expected to work closely with City staff, its Municipal

Advisor, its Bond Counsel, and its Disclosure Counsel. Negotiations with the Municipal Advisor and the City’s designee relative to the terms of the sale of debt will result in the submission of a Bond

Purchase Agreement for consideration by the City. The City reserves the right to terminate the engagement of the underwriters at any time prior to acceptance of a Bond Purchase Agreement without liability to the City.

Joint proposals will not be accepted.

3. EVALUATION PHASES

3.1. Qualifications of the Consultant

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

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

3.2. Responsiveness

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

3.3. Responsibility

The City will determine whether the Consultant is one with whom it can or should do business.

Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance, references (including those found outside the submittals), compliance with applicable laws, Consultant's record of performance and integrity – e.g. has the Consultant been delinquent or unfaithful to any contract with the City, whether the Consultant is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. Consultant must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect and review the Consultant's facilities, equipment, and personnel and those of any identified Subcontractor/Subconsultants. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

3.4. Technical/Qualification Submittal

Each proposal must be organized with section tabs for ease of review in the same order as described in the criteria.

The City will determine how well submissions meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project.

3.5. Selection Committee and Evaluation Process

3.5.1. Procurement Services

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

Procurement staff will review of all responsive submissions and forward it with the responsive submissions to the Selection Committee for further analysis. This analysis may include evaluation of scope requirements and price, if applicable as stated in this solicitation.

3.5.2. Selection Committee

A Selection Committee (hereinafter referred to as “the Committee”) consisting of a minimum of three (3) members will be established to review, discuss, and evaluate all responsive submissions. The Committee may utilize additional City staff, consultants and experts as either voting or non-voting members to advise and assist the Committee in review of the submissions.

The Committee, appointed in accordance with the City’s policies and procedures, will individually review and evaluate all eligible submissions based on the factors set forth in the Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero (0) points to the maximum points allowed for each rating criteria. This will be completed before the selection committee meeting. The Committee will rank the short-listed Consultant based on the Evaluation Criteria outlined in the section titled Evaluation

Criteria for Short-Listing.

3.5.3. Selection Committee Meeting

The Procurement representative will schedule a public meeting for the Committee to discuss their initial evaluation and rank the responsive Consultant's deemed acceptable to be selected; the committee members may change or update their scores any time before the scores are read aloud. The evaluation scores will be submitted via OpenGov to the

Procurement representative. The Committee will then determine if they would like

Presentations/Interviews with any of the Consultants and how many they would like to invite.

3.5.4. Presentations/Interviews

The Committee reserves the right to request Presentations/Interviews with any or all responsive and responsible Consultants whose submissions are deemed to be acceptable for award. Presentations/Interviews may be limited at the discretion of the Committee to short-listed Consultants. Presentations may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements.

The City will not be liable for any costs incurred by the Consultant in connection with such

Presentations (i.e., travel, accommodations, etc.).

Presentations will be conducted in a public meeting. Each Consultant will be asked to excuse themselves during other presentations. During the presentation, Consultants must clearly demonstrate their understanding of the project scope, discuss their approach to successfully completing the project, and respond to questions from the Committee.

Upon completion of the presentations/interviews, the Committee shall an open discussion, and the public will have an opportunity to speak (3 minute maximum) before the

Committee submits presentation scoring through OpenGov. The Procurement Manager or designee will read the ranking of the Consultants from the Committee scoring.

If the Committee elects to conduct Presentations/Interviews, the Criteria for Phase 2 will be developed by the selection committee at the end of Phase 1. All scores from Phase 1 will be cleared and only scores in Phase 2 will be considered for award.

3.5.5. Final Ranking

After the presentation/interviews, the Committee will rank the short-listed Consultants using the criteria outlined in the Evaluation Criteria for Final Ranking section. The rankings will then be submitted to the City Council for approval.

5.5.1. Upon City Council approval, the Department Director or designee, in conjunction with the Procurement representative, will initiate negotiations with the top-ranked Consultant(s) with the intention of entering into a contract(s).

5.5.3. This process will continue until a successful contract(s) is negotiated.

5.5.4. Once a contract(s) is finalized, it will be executed by the Mayor and City

Manager.

3.5.6. Flexible Award Options

The Committee may evaluate and award a Contract based on responses to this

Solicitation without presentations. Therefore, each submission should contain the

Consultants best terms and conditions for consideration.

The City may also make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more Consultants.

3.5.7. Tiebreaker

In the event of a tie, two or more Consultants that have the same ranking, the following steps will be taken to determine the highest ranked Consultant. This method shall be used for all RFP’s and RSQ’s ties.

3.5.7.1. Step 1: Consultants with an established drug-free workplace program, as defined by Florida Statute Section 287.087, shall be ranked higher. Documentation verifying the drug-free workplace program must be provided to receive this preference.

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

3.5.7.3. Step 3: The Consultant with the highest number of 1st place rankings among evaluators shall be deemed the top-ranked Consultant. If a tie persists, the

Consultant with the highest number of 2nd place rankings will be ranked higher.

This method will continue progressively through 3rd, 4th, and subsequent rankings until the tie is resolved. If a tie remains after all rankings are considered, additional tie-breaking criteria will apply.

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

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

3.5.7.5. Step 5: For FDOT Solicitations, steps 1 - 4 are replaced with; the

Procurement Director/Manager or designee may appoint an additional Selection

Committee member to evaluate the proposals based upon the factors in the solicitation and scoring for each criterion. This may continue until one Consultant is deemed the highest ranked.

For Federally funded solicitations remove local preference.

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

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

3.5.8. Reserved Right to Reject Solicitations

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

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

Consultant prior to making an award.

The City reserves the right to request that the Consultant provide additional information as it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as the ability to provide and maintain the system and/or services. Failure to promptly supply requested information, such as records of past performance, financial stability, or the ability to meet project schedules, may result in a determination of non-responsiveness.

3.5.9. Authority to Award

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

Ordinance and Policy upon approval of City Council.

3.6. Contract Negotiations and Acceptance

Upon City Council approval, the Department Director or designee will initiate negotiations with the top-ranked Consultant with the intention of entering a contract. Consultant must be prepared for the City to accept the Submittal as presented. If Consultant fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest Consultant. Final contract terms must be approved or signed by the appropriately authorized City Official.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience of Firm

The qualifications and experience of the

Proposer, including history, size, underwriting experience, resources, etc.

that will support the City. The Proposer’s understanding of the scope of services and its ability to provide these services.

Points Based 20 (20% of Total)

2. Qualifications and Experience of Key

Personnel – 20 points

The relevant experience, resources, and qualifications of the day-to-day investment banking contact, primary underwriter, and key individuals assigned to perform and/or oversee the work for the City.

Points Based 20 (20% of Total)

3. Marketing and Distribution

Capabilities/Capital Commitment

The firm’s marketing strategy and distribution capabilities, including Florida presence. The firm’s ability and willingness to commit capital to support the City’s bond issues.

Points Based 25 (25% of Total)

4. Demonstrated Knowledge and

Resources

The firm’s demonstrated knowledge base of Florida local government financings and issues impacting Florida local governments, particularly the City. Ability and resources available to stay up to date on the municipal capital markets and relevant news and developments. Ability to provide qualified in-house technical and analytical support services to the City’s bond issues. Prior service or commitment to the

City.

Points Based 35 (35% of Total)

4. INSTRUCTIONS

4.1. Procurement Information

Procurement Services is the official source for obtaining information regarding City's solicitations. It is the responsibility of Consultant 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.

4.2. 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

4.3. 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.

4.4. Solicitation Documents

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

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

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

4.5. Responsibilities of the Proposer

Each Consultant 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. Following the Project/Solicitation

Consultants who intend to submit a bid/proposal are encouraged to "follow" the project. By doing so, you will be notified by email of communications relating to the project.

4. Review Addenda & Notices

It is the responsibility of the Consultant to review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See

"Questions and Addenda Guidelines".

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

5. 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.

6. Correlate Observations with the Solicitation Documents

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

7. 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.

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.

8. Review the Draft Contract

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

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

mailto:procurementservices@fortmyers.gov

• 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.

9. City's Right to Modify Contract

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

4.6. 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 Consultant 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 Consultant of their obligations under the solicitation or the resulting contract. No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via

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

3. Modification of Solicitation Documents

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

4.7. Interpretation of Solicitation and Addenda

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

4.8. Incorporation of Procurement Policy and Ordinance

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.

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, Consultant agrees to be bound by the City’s Procurement

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

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

Code of Ordinances and procurement policies.

4.9. Submittal Preparation

1. Preparation of Response

Consultant 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 Consultant in the preparation and submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3. Proprietary Information

• 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.

• 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 Consultant.

4.10. Submission Guidelines for RFP/RSQ's

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.

Consultant is responsible for uploading their submittals directly into the OpenGov Submission

Portal. The authorized representative who binds the Consultant to the submittal must sign the qualification statement. A submittal is considered timely only if received through the OpenGov portal by the precise date and time specified in the solicitation timeline. The official time will be 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 determined by the OpenGov portal's time clock. The portal will not accept submittals 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.

1. Instructions for Uploading Submissions

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.

Responsibility for Timely Submission The Consultant 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.

2. Submission Requirements

Document Format A single PDF document, signed by an authorized representative, must be submitted via the OpenGov portal under the Proposal question of the "Submission

Questionnaire".

Title Page – Introduction Include the following: Name of the individual or firm, Address, Email address, Telephone number, Name of contact person, Date, Solicitation number and title.

Table of Contents Include page numbers and bookmark each section for easy navigation.

Transmittal Letter Two (2) page limit. Content: Briefly state the Consultant's understanding of the services to be provided. Make a positive commitment to perform the work. Provide the names, titles, addresses, and telephone numbers of authorized representatives and be signed by an authorized representative.

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

Proposal Content Place responses to the evaluation criteria in the order it is stated under the "Proposal Contents" section.

Required Documents

Corporate Submissions Must be signed in the corporate name by the President or

Vice-President (or other authorized officer with evidence of signing authority). The corporate seal must be affixed and attested by the Secretary or Assistant

Secretary. Include the corporate address and state of incorporation.

Partnership Submissions Must be signed in the partnership name by a partner, with the title noted under the signature. Include the partnership's official address.

Litigation History Provide details of any current litigation or outstanding judgments involving the Consultant in the respective question under the Submission Questionnaire.

Electronic Pricing Form Instructions, if applicable. The City uses OpenGov to streamline the solicitation process. Submittals must be made electronically; paper responses will be deemed non-responsive. This will not apply to Request for Statement of

Qualifications.

Submission via OpenGov Log into your OpenGov account, navigate to the relevant solicitation, click “Draft Response,” complete the requested information, upload all required attachments, and submit.

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

Award Basis The City generally awards bids based on a "lump sum" to the responsive and responsible Bidder submitting the lowest total bid. However, the

City reserves the right to award based on a "per group" or "per item" basis. Clearly indicate items bid and items not bid on the provided pricing forms.

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

Client References Provide three (3) Florida public client references for who your firm provided similar services within the past three (3) years. For each reference, include the contact person's name, entity, title, address, phone number, email address, and a brief description of the transaction and/or services provided to the client.

3. Binding Submissions

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

4. Late Submissions

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

4.11. 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 Consultant wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant 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.

4.12. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by the Consultant 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 Consultant files a duly signed written notice with the City and promptly demonstrates to the City's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submission, the Consultant may withdraw its Submission. In such cases:

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

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

4.13. 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.

4.14. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant 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

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

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

4.15. Reserved Rights

1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City may conduct investigations into the qualifications of any Consultant, which may include background checks performed by the Fort Myers Police Department.

2. Flexible Award Options

The City reserves the right to

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

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

3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submissions;

• Waive any and all informalities;

• Negotiate contract terms with the Successful Consultant;

• Disregard nonconforming, non-responsive, unbalanced, or conditional submittals;

• Reject any submittal if it is determined that awarding to the Consultant is not in the

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

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

4.16. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

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

4.17. Award of Contract for RFP/RSQ's

1. Formal Award

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 38, Article 3 of the City of Fort Myers Code of Ordinances. The contract will be awarded to the highest-ranked Consultant based on evaluation criteria and presentation results. The award is contingent upon successful contract negotiation and final approval by the City Council.

2. Purchase Order

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

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

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

4.18. 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 Consultant’s submittal. The Consultant 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.

4.19. Execution of Contract from a Formal Award

The successful Consultant 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 Consultant must provide:

• Any required bonds;

• Indemnities; and

• Updated insurance certificates as specified in the Solicitation.

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

4.20. Debriefing of Proposers

No later than thirty (30) days after City Council approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

• Key requirements of the solicitation.

• The overall ranking of all proposals.

• The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

• If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

• If applicable, a summary of the rationale for award.

• Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

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

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

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

• Giving preference to a Consultant based on their social, political, or ideological interests.

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

4.22. Identification of Variances

The Consultant must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant’s questionnaire. If no variances are identified in the submittal, the

City will assume that:

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

• The Consultant agrees to all terms and conditions outlined in the attached Draft

Contract.

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

Solicitation requirements.

4.23. 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 legal holidays) following the City’s posting of the notice of intended award.

Exceptions

• Written communications directed to the Procurement Officer.

• As explicitly provided in the Solicitation documents.

Violation

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

5. SPECIAL CONDITIONS (solicitation specific items)

5.1. Legal & Conflict Disclosure

• Describe any regulatory censure, litigation, or disciplinary actions involving your firm or its employees within the past three (3) years, including those of the SEC, FINRA, MSRB, etc.

• Describe any potential conflicts of interest your firm may have in the management of this account, including finder's fee, fee splitting, or other contractual arrangements of the firm that could present real or perceived conflicts of interest. Include any activities of affiliates or the parent organization, brokerage activities, or investment activities.

5.2. Firm Background & Experience

a. Describe your firm’s history size, principal/ Florida office location(s) and ownership structure. Identify and explain any significant changes in organizational structure, ownership, or management both firm-wide and within Fixed Income/ Public Finance during the past five…