Land_Development_Code_Update.pdf

RFP 26-107

Land Development Code Update

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

Land Development Code Update, RFP 26-107

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK (SPECIFICATIONS)

3. INSTRUCTIONS TO PROPOSERS

4. INSURANCE

5. SPECIAL CONDITIONS

6. GENERAL TERMS & CONDITIONS

7. SELECTION COMMITTEE AND EVALUATION PROCESS

8. EVALUATION CRITERIA

9. DEFINITIONS

10. SUBMITTAL QUESTIONNAIRE

1. INTRODUCTION

1.1. Summary

The City of Fort Myers, Florida (City) invites qualified multidisciplinary consulting firms or teams to submit proposals to comprehensively rewrite the City's Land Development Code (LDC). The resulting LDC must implement the City's recently updated Comprehensive Plan, reflect contemporary planning and development practices, comply with applicable law, improve predictability and ease of administration, and respond to the City's increasingly important need to facilitate context-sensitive redevelopment of existing developed sites.

The City seeks more than a technical reorganization or limited amendment of its existing regulations. The selected consultant will lead a policy-informed, legally sound, and implementation-oriented rewrite that produces a clear and usable code tailored to Fort Myers.

Redevelopment feasibility shall be a central organizing principle throughout the project.

1.2. Background

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

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

Chief Quartermaster of Florida. The City has approximately 1,100 employees serving a population of just over 101,000 full-time permanent residents. According to the Lee County

Visitor & Convention Bureau, nearly 3.3 million people visit Fort Myers each year and spend over 3.3 billion dollars while in the area.

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 recognition as one of

Florida’s most desirable coastal communities and one of the nation’s fastest-growing areas.

Most recently, WalletHub ranked Fort Myers the No. 2 best small city in America to start a business, reflecting the community’s strong entrepreneurial environment, access to investment capital, and continued business growth.

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.

Fort Myers is an established and growing city with a varied development pattern that includes a traditional downtown, historic neighborhoods, waterfront areas, commercial corridors, suburban development, older shopping centers, industrial and employment areas, multifamily communities, and vacant or underutilized parcels. A significant share of future growth and private investment is expected to occur through infill, adaptive reuse, rehabilitation, expansion, and redevelopment of properties that were developed under earlier standards.

The City's current LDC contains provisions that have been amended over time and may not consistently address the physical and economic realities of previously developed sites.

Requirements related to nonconformities, parking, landscaping, buffers, setbacks, access, stormwater, open space, site circulation, and other improvements may operate individually or cumulatively as barriers to reinvestment. The rewrite must identify these barriers, distinguish conditions that should be brought toward compliance from those that merit lawful continuation or alternative treatment, and provide objective and proportionate pathways for redevelopment.

1.3. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Denise Finn, Procurement Manager

2200 Second Street

Fort Myers, FL 33901

Email: dfinn@fortmyers.gov

Phone: (239) 321-7242

Requesting Department:

Community Development

1.4. Advertisement

RFP 26-107 Land Development Code Update

The City of Fort Myers is seeking submittals for RFP 26-107 Land Development Code

Update. Submittals must be received electronically on or before Friday, November 6, 2026 at 4:00 pm EST. Interested participants are encouraged to download the solicitation documents. For more details visit: https://procurement.opengov.com/portal/cityftmyers.

CITY OF FORT MYERS

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

Lilliana Baker, CMC, City Clerk RUN DATES: Thursday, October 1, 2026

1.5. Cone of Silence

From the date a competitive solicitation is advertised or otherwise publicly issued until the resulting contract is finally awarded and approved by the City, or the solicitation is canceled or all responses are rejected, respondents, including any person or entity acting on their behalf, shall not communicate with any City employee, elected official, or representative regarding the solicitation.

During this period, all solicitation-related communications must be submitted though OpenGov to the designated Procurement Representative or conducted only as specifically authorized in the solicitation documents.

Violation of these requirements may result in immediate disqualification, nullification of any award or contract, and suspension or permanent debarment from future City contracts. All alleged violations are subject to investigation by the City.

1.6. OpenGov Portal

The City of Fort Myers 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. Respondents are strongly encouraged to read the various Guides and Tutorials available in OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for submittal failures caused by the Respondent’s equipment or internet connectivity. In the event of a documented system-wide OpenGov outage, the City reserves the right to extend the deadline by addendum.

1.7. Timeline

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

Release Project Date: October 1, 2026

Pre-Proposal Meeting (Non-Mandatory): October 16, 2026, 3:00pm

Microsoft Teams meeting

Join:

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Meeting ID: 229 674 542 284 144

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Phone conference ID: 992 638 693#

Question Submission Deadline: October 23, 2026, 2:00pm

Submission Deadline: November 6, 2026, 4:00pm

Selection Committee: November 11, 2026, 10:00am

Presentations (if desired by the committee): November 16, 2026, 8:00am

1.8. Pre-Submittal Meeting

The purpose of a Pre-Submittal Meeting is to review and discuss the solicitation and any addenda as published. A representative from Procurement Services and a representative from https://procurement.opengov.com/portal/cityftmyers https://teams.microsoft.com/meet/229674542284144?p=3LIi95rVyM1bpwXDfK https://teams.microsoft.com/meet/229674542284144?p=3LIi95rVyM1bpwXDfK the requesting department will be present to discuss the solicitation. The date, time, and location as stated in the 'timeline'.

2. SCOPE OF WORK (SPECIFICATIONS)

2.1. Mandatory Minimum Qualifications

2.1.1. Each Submittal must contain evidence of the Respondent's qualifications to do business in the State of Florida.

2.1.2. Respondent shall have been in business under the current company/firm name for a minimum of five (5) consecutive years prior to the date of submittal. This requirement is reasonably related to ensuring Respondent stability and capacity. The Respondent acknowledges that experience obtained under a different legal entity, through merger, acquisition, or predecessor organization may be considered only if adequately documented and accepted by the City.

2.1.3. 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.

2.1.4. Respondent shall disclose, for the preceding five years, any material litigation, administrative proceeding, professional disciplinary action, criminal conviction, or final judgment involving the Consultant or proposed project principal that relates to fraud, professional negligence, public contracting, licensure, safety, or performance of comparable services.

Pending matters must be clearly identified as allegations and not final determinations.

• Judgments: Any court decisions against them.

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

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

Respondent shall 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 Respondent shall 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 requested. Each Solicitation shall contain evidence of the Respondent’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The Respondent shall maintain the Minimum Qualifications Requirements during the term of the

Contract and any contract renewals.

The City will evaluate such disclosures solely for purposes of determining responsibility and capacity to perform, in accordance with applicable law.

2.2. General Scope Requirements

Proposers may recommend refinements to the sequence or methodology, but each proposal must address every task, required topic, and deliverable in this Scope of Services. The selected consultant shall work under the direction of the City's designated project manager and coordinate with Community Development, Engineering, Public Works, Fire, Parks, Utilities, Legal, and other departments as appropriate.

Perform the work in accordance with applicable federal, state, and local law; the City's adopted

Comprehensive Plan; adopted City policies; and the approved project schedule and not-to-exceed contract amount.

Maintain regular communication with City staff, promptly raise issues that could affect policy, scope, cost, or schedule, and provide decision-ready information when City direction is required.

Use recognized planning, zoning, development-review, redevelopment, and code-drafting practices suitable for Fort Myers rather than applying model provisions without evaluating local conditions.

Provide accurate, internally consistent work products that are free of material drafting, citation, numbering, and cross-reference errors.

Provide all final deliverables in accessible digital formats, including editable native files and searchable PDF files. Provide hard copies only in the quantities and formats specifically requested by the City.

2.3. Scope of Services

Task 1 Project Initiation and Management

• Conduct a kickoff meeting to confirm project objectives, governance, roles, decision protocols, communications, schedule, review procedures, deliverable standards, and engagement strategy.

• Within two weeks after the kickoff meeting, submit a detailed project management plan that includes the work breakdown, task sequence, milestones, City review periods, meeting schedule, staffing assignments, quality-control procedures, dependencies, and deliverable schedule.

• Prepare and maintain a document request, issue log, decision log, risk register, and current project schedule.

• Identify early policy decisions, statutory constraints, related City initiatives, and dependencies that could affect the schedule, drafting approach, or code structure.

• Conduct biweekly project team meetings unless the City approves another frequency.

Provide a concise written progress update for each meeting identifying completed work, upcoming activities, required City decisions, schedule status, and current issues or risks.

• Submit a formal monthly status report summarizing progress by task, budget status, schedule status, outstanding information, decisions needed, and corrective action for any variance.

Task 2 Existing Conditions and Code Assessment

• Review the complete LDC, zoning districts, use regulations, development standards, subdivision regulations, administrative procedures, definitions, enforcement provisions, appendices, and cross-referenced regulations.

• Evaluate consistency with the Comprehensive Plan, zoning maps, applicable law, adopted plans, current City procedures, and recognized practices suitable for Fort Myers.

• Review relevant model codes and comparable municipal codes only to the extent they provide useful options for local policy choices and code organization.

• Interview City staff and frequent code users to identify ambiguity, conflicts, gaps, obsolete provisions, discretionary standards, recurring interpretations, unnecessary review steps, and regulations that are difficult to administer or enforce.

• Analyze application and variance patterns, common waiver or deviation requests, appeals, code interpretations, and representative project histories to the extent records are available.

• Prepare an Existing Conditions and Code Assessment that identifies findings, priority issues, policy decisions, legal or administrative concerns, and recommended drafting direction. Present the assessment to City staff for review before proceeding with major code drafting

Task 3 Redevelopment and Nonconformity Assessment

• Conduct a dedicated assessment of regulatory barriers affecting existing developed sites, infill parcels, adaptive reuse, building rehabilitation, expansions, changes of use, mixed-use conversion, and phased redevelopment.

• Separately evaluate nonconforming uses, structures, lots, buildings, parking areas, landscaping, buffers, signs, access points, circulation systems, site lighting, drainage and stormwater facilities, loading areas, open space, and other site improvements.

• Identify code provisions that trigger full-site compliance and evaluate whether the triggers are clear, proportionate, economically realistic, and related to the scale and impacts of the proposed work.

• Recommend objective thresholds and procedures for ordinary maintenance, repair, alteration, expansion, intensification, change of use, discontinuance, vacancy, casualty, demolition, reconstruction, relocation, and redevelopment.

• Evaluate phased compliance, proportional improvement, alternative compliance, administrative adjustments, redevelopment plans, waivers, and other tools that can address constrained sites without creating ad hoc or inequitable outcomes.

• Address compatibility, buffering, multimodal access, infrastructure, resilience, public safety, and neighborhood protection so that redevelopment flexibility is paired with clear performance expectations.

• Identify issues requiring special treatment for lawful nonconforming uses, vested development rights, approved planned developments, development agreements, concurrency approvals, or pending applications.

• Prepare recommendations that explain the policy choice, administrative approach, anticipated effect, and any transition provisions needed for each major issue.

Task 4 Community and Stakeholder Engagement

• Prepare an engagement plan designed to obtain useful policy and operational input at key decision points. The plan shall identify stakeholder groups, engagement methods, timing, responsibilities, documentation, and how input will inform the work.

• Facilitate interviews, focus groups, workshops, public meetings, surveys, and presentations with elected and appointed officials, residents, neighborhood and civic organizations, the development and design community, property owners, business interests, housing organizations, institutional stakeholders, City staff, and other affected parties.

• Include focused engagement with owners and practitioners experienced in redeveloping older or constrained sites.

• Document stakeholder input, distinguish recurring themes from individual comments, and identify whether and how the input is reflected in policy recommendations and code drafts.

• Include in the proposal the number and type of engagement activities included in the base fee, the proposed format for each activity, and unit pricing for additional meetings or presentations requested by the City.

Task 5 Code Framework and Policy Direction

• Recommend an overall code organization, article and section structure, regulatory approach, and drafting conventions before preparing the complete draft.

• Identify policy alternatives requiring City direction and present the practical, legal, administrative, and redevelopment implications of each reasonable option.

• Prepare a crosswalk showing how major existing provisions will be retained, revised, relocated, consolidated, or removed and identifying major new provisions.

• Confirm the approved framework and policy direction with the City's project manager before completing the integrated draft.

Task 6 Comprehensive LDC Drafting

• Prepare a complete, integrated rewrite of the LDC, including administration and procedures; zoning districts; use classification and standards; dimensional and form standards; planned development provisions; subdivision and platting; site development;

parking and loading; access and circulation; landscaping, buffering, and tree protection;

signs; lighting; environmental and resilience provisions; infrastructure and public facility standards; nonconformities; enforcement; definitions; and other subjects currently or appropriately regulated in the LDC.

• Ensure that procedures identify decision-makers, review criteria, notice requirements, required findings, appeal processes, and decision timelines where applicable.

• Ensure consistent terminology, definitions, measurements, references, numbering, and relationships among articles, tables, graphics, and external regulations.

• Prepare tables, charts, illustrations, and graphics where they materially improve understanding, including district standards, allowed uses, setbacks, parking, lot and building measurements, streetscape relationships, and common redevelopment conditions.

• Organize the code so that residents, applicants, decision-makers, and staff can locate and understand applicable requirements without unnecessary duplication or cross-referencing.

• Submit an editable preliminary draft suitable for coordinated staff, legal, stakeholder, and public review.

Task 7 Review Comment Resolution and Revision

• Present the preliminary draft to City staff and stakeholders and explain major policy, structural, procedural, and redevelopment changes.

• Maintain a consolidated comment-response matrix identifying the source of each comment, the issue raised, the consultant's proposed disposition, the resulting revision, and any item requiring City direction.

• Revise the draft through the review cycles established in the approved project management plan. Do not treat conflicting comments as drafting instructions; identify the conflict and obtain City direction.

• Conduct quality-control reviews after each major revision to verify internal consistency, accurate cross-references, defined terms, numbering, tables, graphics, and consistency with approved policy direction.

• Prepare a final draft for City review and authorization to proceed to adoption.

Task 8 Representative Parcel and Scenario Testing

• In collaboration with the City, select a representative set of developed sites and redevelopment scenarios. The sample shall include multiple property types and development eras and shall not be limited to active applicants.

• At a minimum, include an older commercial corridor property, a shopping center or large commercial site, a downtown or mixed-use infill site, an older multifamily property, an industrial or employment site, a small constrained lot, and a property adjacent to an established residential neighborhood.

• Test the existing and proposed codes against each scenario and identify the required approvals, nonconformities, compliance obligations, relief mechanisms, timing, and likely redevelopment feasibility under each regulatory approach.

• Use the test results to revise standards and demonstrate that the draft advances the

City's goals without creating unintended loopholes or disproportionate burdens.

• Deliver a concise Parcel Testing Report containing parcel or scenario diagrams, assumptions, findings, comparisons, and recommended code corrections. Complete testing early enough for the results to inform the final draft.

Task 9 Adoption and Implementation

• Prepare adoption-ready code documents, ordinances or other adoption materials requested by the City, supporting memoranda, presentation materials, and a summary of major changes.

Attend and present at the number of public workshops, advisory board meetings, and

City Council hearings identified in the consultant's proposal and accepted by the City.

Provide unit pricing for additional meetings.

• Support City responses to public comments and prepare final revisions through adoption.

Prepare implementation materials for City staff and code users, including user guides, process checklists, decision aids, and other resources needed to understand and administer the rewritten LDC.

• Provide training for City staff on the organization, administration, interpretation, implementation, and enforcement of the rewritten LDC. The proposal shall identify the number, duration, audience, delivery format, and materials included for each training session.

• Provide editable copies of training and implementation materials so the City can maintain them after project completion.

• Provide reasonable implementation support during the period stated in the proposal, including responses to City questions and correction of consultant drafting errors identified after adoption.

2.4. Required Redevelopment and Nonconformity Topics

The following subjects are mandatory and shall be addressed throughout the assessment, policy, drafting, testing, review, and implementation tasks rather than treated as a single isolated chapter.

Classification Establish clear distinctions among nonconforming uses, structures, lots, buildings, site features, signs, and development patterns, including situations in which only part of a site is nonconforming.

Compliance triggers Develop objective thresholds tied to the nature, cost, floor area, intensity, or impact of proposed work, with rules that avoid unintended cumulative or all-or-nothing outcomes.

Proportionality Establish standards for requiring improvements reasonably related and proportionate to the scale and impact of redevelopment, including prioritization of life safety, accessibility, multimodal connectivity, drainage, buffering, and other public benefits.

Change and expansion Establish rules for changes of use, tenant changes, expansions, intensification, adaptive reuse, and mixed-use conversion, including how parking and site standards are recalculated.

Continuation and discontinuance Clarify continuation, ordinary maintenance, repair, vacancy, abandonment, and discontinuance rules, including the evidence and time periods used to determine status.

Casualty and reconstruction Address casualty, demolition, reconstruction, and relocation, including the extent to which a nonconforming condition may be restored and the standards that apply.

Site improvements Address partial-site nonconformities involving access, circulation, parking, loading, landscaping, buffering, trees, signs, lighting, drainage, stormwater, open space, and similar improvements.

Relief and alternative compliance Define the circumstances, criteria, authority, and procedures for phased compliance, alternative compliance, administrative adjustments, waivers, and redevelopment plans.

Transition and protected rights Address lawful nonconforming uses, vested rights, approved planned developments, development agreements, concurrency approvals, pending applications, and the transition from the existing LDC to the rewritten LDC.

2.5. Deliverables and Schedule

The consultant shall incorporate the following milestones into the detailed project management plan.

City review periods, public hearing dates, and delays in receiving City direction may require written schedule adjustments approved by the City's project manager.

Deliverable or Milestone Required Timing

Project management plan and initial project controls Within two weeks after the kickoff meeting

Engagement plan Within 30 calendar days after the kickoff meeting

Existing Conditions and Code Assessment As established in the approved project management plan and before major code drafting

Code framework policy alternatives and crosswalk Before submission of the complete preliminary draft

Preliminary rewritten LDC Within six months after the project start date unless the City approves a revised milestone

Parcel Testing Report Before the final draft and early enough to inform revisions

Final draft LDC and comment-response matrix Within nine months after the project start date unless the City approves a revised milestone

Adoption-ready documents implementation resources and training materials Within one year after the project start date subject to the City's adoption schedule

Final editable and searchable project files At project completion and after final adoption revisions

2.6. Proposal Requirements Related to the Scope

1. Describe the proposed methodology and explain any recommended refinement to the task sequence without omitting a required task, topic, or deliverable.

2. Provide a detailed schedule showing tasks, milestones, deliverables, engagement activities, City review periods, adoption activities, and the critical path.

3. Identify the project manager, lead code drafter, redevelopment and nonconformity specialist, engagement lead, legal or statutory support, graphics or document-production support, and other key personnel. State each person's role and estimated level of effort.

4. State the number and type of meetings, workshops, interviews, focus groups, presentations, hearings, and training sessions included in the base fee and provide unit pricing for additional services.

5. Identify all assumptions regarding City-furnished data, GIS or parcel information, application records, meeting facilities, public notices, printing, translation, accessibility accommodations, and other City support.

6. Describe the quality-control process for legal consistency, internal cross-references, numbering, definitions, tables, graphics, and document production.

7. Identify the implementation-support period included after adoption and the process for correcting consultant drafting errors discovered during that period.

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

Procurement Services is the official source for obtaining information regarding City solicitations.

It is the responsibility of Respondent 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.

3.2. Introduction

To be considered, electronic submittals must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will automatically lock at the submittal deadline.

3.3. 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

3.4. 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, Respondent agrees to be bound by the City’s Procurement

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

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

Solicitations may be accessed in the City's Portal of OpenGov and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the Respondent to ensure correct registration information is provided. The City will not be held liable for any issues arising from incorrect or incomplete contact information. All submittals must be prepared using the solicitation documents provided in this solicitation. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents. Solicitation documents, including all attachments, specifications, and exhibits are https://fortmyers.gov/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF https://www.fortmyers.gov/1515/Procurement-Ordinances https://www.cityftmyers.com/1171/Procurement-Services provided solely to facilitate the preparation and submittal of responses. The City reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Respondent

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

3.6.1. Respondent shall obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

3.6.2. Respondent will examine all solicitation documents to fully understand the requirements.

If additional clarification is needed, submit questions through the OpenGov Q&A module.

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

3.6.4. Respondent will 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.

Respondent is advised to regularly check the portal for any updates related to this solicitation.

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

3.6.6. Respondent will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. Respondent will 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.

3.6.8. The Agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Material exceptions must be submitted before the question deadline. The City may reject exceptions first raised in a submittal but retains discretion to consider them during negotiations when doing so does not compromise competition or the integrity of the solicitation.

If the question deadline has passed, exceptions should be clearly noted in the Submittal

Questionnaire. Exceptions to the Agreement may impact the evaluation of the submittal.

3.6.9. The City reserves the right to make modifications to the Agreement for specific projects before execution.

3.7. Cone of Silence

Respondents responding to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the City posting the notice of intended award, excluding Saturdays, Sundays, and City recognized holidays, any employee or elected official of the city concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a response.

3.8. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. Judgment on Disclosure

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

Federal or Florida public records laws.

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.

3.8.3. Instructions for Uploading Submittals

3.8.3.1. Submittal 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 submittal along with all required attachments, and submit your response.

Respondent shall ensure that all electronic deliverables provided under this Agreement, including but not limited to reports, PDFs, presentations, forms, data visualizations, dashboards, online tools, and other digital or web-based content, comply with the Web

Content Accessibility Guidelines (WCAG) 2.1 Level AA. Deliverables must be provided in accessible formats compatible with commonly used assistive technologies. Respondent shall promptly remediate any accessibility deficiencies identified by the City at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

The Respondent 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 Respondent’s questionnaire. If no variances are identified in the submittal, the City will assume that: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) TheRespondent agrees to all terms and conditions outlined in the attached Agreement. Failure to disclose variances may result in the Respondent being held to full compliance of the Solicitation requirements.

3.8.3.2. Responsibility for Timely Submittal

The Respondent is solely responsible for ensuring their submittals are complete, uploaded, and submitted via the OpenGov Portal before the specified due date and time.

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

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

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

Respondent shall 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.

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

3.8.3.3. Proprietary Information

Respondent must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption. Generic notations such as

"confidential" are not sufficient. Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation. The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

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

Myers and will not be returned.

3.8.4. Submittal 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 "Submittal

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.

Letter of Transmittal Two (2) page limit. Content: Briefly state the Respondent'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.

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

Evaluation Criteria Place responses to the evaluation criteria in the order it is stated under the "Evaluation Criteria" section.

Required Documents

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

Vice-President (or other authorized officer with evidence of signing authority).

Include the corporate address and state of incorporation.

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

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

3.9. Questions and Addenda

3.9.1. Submittal of Questions

All questions regarding the meaning or intent of the solicitation documents shall be submitted through the OpenGov portal. Only questions received before the deadline specified in the solicitation timeline shall be considered.

3.9.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered part of the solicitation. All information provided in this solicitation, including addenda and responses to questions, will be incorporated into the solicitation and any resulting Agreement. It is the responsibility of the Respondent to review all addenda, revisions, and published responses 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 Respondent of their obligations under the solicitation or the resulting Agreement. No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov. The City is not responsible for the distribution of addenda or other solicitation-related information to Respondents who fails to register in OpenGov.

3.9.3. Modification of Solicitation Documents

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

Respondents are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

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 Agreement.

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

A Request for Proposal may be modified or withdrawn by the Respondent through the OpenGov portal at any time before the closing time noted in the Solicitation.

3.10.2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submittals are opened, a Respondent files a duly signed written notice to the Procurement Representative and demonstrating to the Procurement

Director's reasonable satisfaction that a material and substantial mistake occurred in the preparation of its Submittal, the Respondent may withdraw its Submittal. In such cases:

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

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

3.11. Opening Submittals for Non-Construction

Requests for Proposals will be opened in accordance with applicable City procedures. Submittals are exempt from public disclosure to the extent and for the period provided in section

119.071(1)(b), Florida Statutes.

3.12. Reserved Rights

3.12.1. Request for Additional Information

The City reserves the right to request additional information from the Respondent 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

Respondent, which may include background checks.

3.12.2. 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.

3.12.3. Rejection of Submittals

The City reserves the right to:

• Reject any and all Submittals.

• Waive any and all informalities.

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

• Reject any submittal if it is determined that awarding to the Respondent is not in the City’s best interest, including cases where

• The Solicitation is not responsive.

• The Respondent is unqualified or has questionable financial ability.

• TheRespondent fails to meet any other relevant standards or criteria established by the

City.

3.13. Irrevocable Offer

The Statement of Qualifications shall remain valid for 180 calendar days. Submission does not create a contract or obligate the City to accept any proposed term.

3.14. Award of Contract

3.14.1. Formal Award

The City intends to negotiate a Service Agreement with the highest-ranked responsive and responsible Respondent. If negotiations are unsuccessful, the City shall formally terminate negotiations and proceed sequentially with the next-ranked Consultant.

The Agreement shall include the established Professional Services Agreement and incorporate by reference this Solicitation, any addenda, and the Respondent’s submittal. 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.

3.14.2. Multiple Awards

The City reserves the right to award one or multiple agreements if determined to be in the best interest of the City.

3.14.3. Purchase Order

A Purchase Order (PO) will be issued by the City to the selected Respondent within the time specified for acceptance.

3.15. Form of Agreement

The City’s intention is to use the attached Agreement (Draft). Any requested revisions to the

Agreement must be submitted using the question and answer tab in OpenGov and resolved prior to solicitation closing. Any revisions to the Agreement will be shared via an addendum.

The City reserves the right to revise or alter the language of the Draft Agreement after responses are received and prior to execution to address the specific requirements or circumstances of the project.

3.16. Execution of Agreement

Following successful negotiations, the Respondent shall execute the Services Agreement. Upon approval by the City Council, the Respondent must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement. Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked Respondent. Electronic signatures are accepted under the Florida Uniform

Electronic Transaction Act (F.S. 668.50).

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Post Award Debriefing Process

A Respondent may submit a written request for a debriefing to the designated procurement representative no later than thirty (30) calendar days following Council approval of the contract award. Upon receipt of the request, the procurement representative will schedule the debriefing with the Respondent, which may be conducted in person, virtually, or by telephone.

The debriefing will include, at a minimum, the following:

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

• A discussion of the significant strengths, weaknesses, or deficiencies identified in the

Respondent’s submittal in relation to the solicitation requirements. The Respondent’s submittal will not be compared to any other proposal.

• Upon request, an explanation of the scores assigned for each evaluation criterion, including cost, if applicable.

• If applicable, a summary of the basis for the award recommendation or selection decision.

• Responses to relevant questions from the proposer concerning the evaluation process and results.

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

4. INSURANCE

Insurance requirements applicable to this Solicitation are set forth herein and

Agreement/Contract attached to this Solicitation. Respondents are responsible for reviewing the insurance requirements in their entirety and shall be capable of providing the required insurance coverage upon award.

Certificates of Insurance (COIs) and any required endorsements must be provided prior to

Agreement/Contract execution, unless otherwise specified, and shall remain in effect for the full term of the Agreement, including any renewals, extensions, or amendments.

Information regarding the City's minimum insurance requirements, including required coverage descriptions and limits, is available click here. For convenience, the City's Insurance

Requirements Table is also attached to the solicitation.

The insurance coverages applicable and required for this Solicitation are identified below.

4.1. Required Standard Insurance Coverages

These coverages are required for all goods and services provided to the City:

Commercial General Liability. Occurrence-based policy covering bodily injury, property damage, personal & advertising injury, premises/operations, completed operations, independent contractors and subcontractors.

Comprehensive Auto Liability. Occurrence-based coverage protecting against all claims for bodily injury and property damage arising from motor vehicle use.

Worker's Compensation and Employer's Liability. Statutory workers’ compensation for all employees, including an “all states”/“other states” endorsement.

4.2. Professional Liability

The Service Provider shall keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy.

https://docaccess.com/docviewer.html?url=https%3A%2F%2Ffortmyers.gov%2FDocumentCenter%2FView%2F26275%2FINSURANCE-REQUIREMENTS&url_hash=ed94e4e27436e2a1979ddcbb7a5bb82d&domain=fortmyers.gov&found_on=https%3A%2F%2Ffortmyers.gov%2F1882%2FGeneral-Terms-Conditions

5. SPECIAL CONDITIONS

5.1. Local Preference

The City of Fort Myers has a local vendor preference policy (Ordinance 38-71 thru 76) applies to this solicitation. Please click on the ordinance number to review the policy.

5.2. Minority Business Enterprise Program

All forms MUST accompany each set of Solicitation forms. Minority Business Enterprise (MBE)

(Ordinance No 38-122 thru 128): The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services.