Quote 26-105

Moving Public Records to New Warehouse

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

Moving Public Records to New Warehouse, Quote 26-105

TABLE OF CONTENTS

1. Introduction

2. Specifications / Scope of Work

3. General Conditions

4. Insurance Requirements

5. Pricing Proposal

6. Supplier Questionnaire

1. Introduction

1.1. Introduction

The City Clerk (hereinafter, the “Division or Department”) has issued this informal competition

Quote (hereinafter, “Q”) with the intent of obtaining quotes from interested suppliers in accordance with the terms, conditions and specifications stated or attached. The supplier, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.

Delivery of Quote

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

1. Instructions for submitting a response

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

Contractor(s) is solely responsible for ensuring that their submittals are complete, uploaded and submitted in the E-Procurement Portal by the due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence.

2. Late Submissions

Late Submissions will not be accepted. Contractor(s) shall assume full responsibility for timely upload of the Proposals.

1.2. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Contractors to provide moving services from Public Storage Units at 2235 Colonial Boulevard to new warehouse Michigan Ave.

1.3. Background

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

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

Chief Quartermaster of Florida. The City has approximately 1,000 employees serving a population of approximately 96,755 full time permanent residents with a population growth of

12% between 2020 and 2022. According to the Lee County Visitor & Convention Bureau, nearly 4.5 million people visit Fort Myers each year and spend over $4 billion dollars while in the area. Fort Myers has experienced unprecedented growth in its tax base, as the past (3), year over year percentage increases, were double digit. The City added a total of $5.0 billion to its tax base over the past five years, or 75.6%.

The City is situated between Tampa and Miami along scenic U.S. Highway 41, also known as

Tamiami Trail. Recent accolades for the City of Fort Myers include top ranking for best places to live, to retire, and to start a new business, safest cities in America, #4 college town in

Florida, and most recently the 3rd fastest growing place by U.S News and World Report.

The City of Fort Myers is committed to providing exceptional municipal services to residents, businesses and visitors in a fiscally responsible manner while preserving the City’s rich history, diverse culture, and charming lifestyle.

1.4. Quote Timeline

Below is the proposed quote schedule. Dates are subject to change.

Release Date: September 15, 2026

Pre-Submittal Meeting (Non-Mandatory): September 23, 2026, 10:00am

City of Fort Myers Warehouse

2801 Michigan Ave

Fort Myers, FL

And then

Public Storage Units

2235 Colonial Boulevard

For Myers, FL

Question Submission Deadline: September 28, 2026, 3:00pm

Submission Deadline: September 30, 2026, 2:00pm

All quotes shall be submitted online via the City of Fort Myers Procurement Services

Division Online Bidding System: City of Fort Myers Procurement Portal no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date.

1.5. Contact Information

Direct inquiries to the following:

Requesting Department:

City Clerk https://procurement.opengov.com/portal/cityftmyers https://procurement.opengov.com/portal/collier-county-fl

Cathy Scott

(239) 321-7235 cscott@fortmyers.gov

1.6. Minimum Qualifications

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

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

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

4. Contractor(s) are required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

• Judgments: Any current or pending 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).

Contractor(s) 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.

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

2. Specifications / Scope of Work

2.1. Scope of Work

1. Purpose

The City of Fort Myers is seeking a qualified Contractor to provide all labor, supervision, transportation, equipment, materials, and other resources necessary to relocate public records from the City’s existing storage location to its new records warehouse.

The move will consist of approximately 5,500 banker’s boxes and 700 large plan boxes currently stored at Public Storage, 2235 Colonial Boulevard, Fort Myers, Florida, to the City’s new records warehouse located at 2801 Michigan Avenue, Fort Myers, Florida.

The move is anticipated to occur in October, with the specific schedule to be coordinated with the City and the awarded Contractor.

2. Records to be Relocated

The Contractor shall transport approximately:

• 5,500 banker’s boxes, approximately 15" x 12" x 10".

• 700 large plan boxes, approximately 24" x 24" x 36".

• Banker’s boxes are estimated to weigh approximately 3–25 pounds each

• Large plan boxes are estimated to weigh approximately 30–70 pounds each

.** These weights are estimates only and are not guaranteed by the City.

Approximately 40–50 boxes may be damaged or in a condition that could make transportation difficult. The City will be responsible for re-boxing records when necessary.

3. Existing Storage Location

The records are currently distributed among 23 storage units at Public Storage. The units consist of thirteen (13) 10' x 25' units and ten (10) 10' x 20' units. The storage units are located throughout the facility.

The Contractor shall be responsible for removing the boxes from the individual storage units, transporting them through the facility, loading them onto the Contractor’s vehicle(s), and securing them for transportation.

The approximate distance from where a truck may be positioned to the entrance of the Public

Storage building is 10 feet; however, the City cannot provide exact distances between the individual storage units and the loading area.

4. New Records Warehouse

The destination warehouse at 2801 Michigan Avenue is approximately 8,000 square feet, with the usable warehouse area available for delivery except for the office, bathroom, and upstairs areas.

The Contractor shall unload and place the records on the warehouse floor as directed by the

City. Boxes:

• Will not be required to be placed on shelving or racks.

• Will not be required to be separated into specific zones based on the originating storage unit unless otherwise directed by the City.

• Shall be stacked no more than three (3) boxes high

The approximate distance between the truck location and warehouse entrance is 12 feet. The facility has an existing ramp at the large overhead door, and a new ramp and stairs are anticipated along the right side of the building.

5. Contractor Responsibilities

The Contractor shall:

• Provide sufficient personnel to safely and efficiently complete the move.

• Provide all trucks, dollies, carts, pallet jacks, forklifts, lifting devices, or other equipment necessary to perform the work. The City will not provide moving or material-handling equipment at the warehouse.

• Load, secure, transport, unload, and place all boxes at the designated warehouse location.

• Exercise appropriate care when handling public records to prevent loss, damage, misplacement, or exposure during transportation.

• Protect the City's facilities and property from damage during loading and unloading.

• Coordinate the moving schedule and warehouse access with the City.

• Comply with all applicable safety requirements and laws while performing the work.

• Promptly notify the City of any damaged, missing, or compromised boxes identified during the move.

6. Scheduling and Coordination

Public Storage is accessible 24 hours per day. Hours of access to the new warehouse will be coordinated with the awarded Contractor because the facility is currently being remodeled.

The Contractor shall coordinate the final moving schedule with the City prior to beginning work.

Once established, the Contractor shall provide sufficient staffing, vehicles, and equipment to maintain the agreed-upon schedule.

7. Quote Requirements

The Contractor's quote shall include all costs necessary to complete the work described herein.

At a minimum, the quote shall identify the Contractor's:

• Total lump-sum price for the complete move.

• Availability and proposed start date.

• Estimated number of working days required to complete the move.

• Number and type of vehicles anticipated to be used.

• Proposed staffing and equipment necessary to perform the work.

• Any assumptions, limitations, or requirements that could affect the Contractor's price or performance.

• Any additional considerations associated with safely handling and transporting public records.

The quoted price shall include all labor, supervision, transportation, vehicles, equipment, fuel, materials, supplies, insurance, overhead, travel, and incidentals necessary to complete the work.

3. General Conditions

3.1. Award of Contract

1. Award

For the purposes of determining the winning quote, the City will select the responsive

Contractor with the lowest quote.

2. Purchase Order

The purchase order provided by the City, to the selected Contractor within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this quote and any addenda thereto, the Contractor's submittal, and established purchase order. If a contract is established, this will also become an official part of the contract. The contract shall be governed in all respects according to the laws of the State of Florida in Lee County, Florida.

All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of this quote regardless of whether these Documents are expressly referenced therein.

Before commencing work, the Contractor must receive a City PO/work order/or P-Card authorization. Shipments or work performed will be made as specified on the purchase order, conforming to the pricing form, specifications, and general conditions. No work may proceed unless authorized by the Contract Manager and the Contractor is in receipt of a Work Order and the associated PO.

3. Competitive Bid Threshold

In the event the lowest responsive and responsible quote exceeds the competitive bid threshold

(currently $100,000) all quotes will be discarded and new documents will be published following competitive bid requirements.

3.2. Eligible Users

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

3.3. Indemnification

To the fullest extent permitted by law, the Supplier shall indemnify, defend, and hold harmless the City of Fort Myers, Florida (“City”), and its officers, agents, and employees, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of, relating to, or resulting from the negligent, reckless, or wrongful acts, errors, omissions, or misconduct of the Supplier, or anyone employed or utilized by the Supplier in the performance of this Agreement, provided that such claims, damages, losses, or expenses are attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property, including loss of use resulting therefrom.

The obligations of the Supplier under this section shall not extend to liability caused by the negligence, recklessness, or intentional wrongful misconduct of the City, its officers, agents, or employees, or third parties not under the direction or control of the Supplier.

Nothing contained herein shall be construed as a waiver of the City’s sovereign immunity or the limitations of liability set forth in Section 768.28, Florida Statutes, or other applicable law. This section shall not be construed to increase the limits of liability of the City beyond any statutory waiver of sovereign immunity.

The Supplier’s obligations under this section shall survive the expiration, completion, or termination of this Agreement.

3.4. Legal Requirements

1. Compliance with Laws and Regulations

The Contractor shall, at its sole cost and expense, comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules, regulations, orders, and requirements relating to the performance of the Work and this Agreement, including, but not limited to, those governing taxation, licensing, labor, employment, workers’ compensation, nondiscrimination, public safety, records retention, cybersecurity, and procurement. Without limiting the foregoing, the

Contractor acknowledges and agrees to comply with the following provisions, as applicable:

2. Background Screening

The Contractor shall comply with all applicable requirements of Chapter 435, Florida Statutes, relating to background screening. The NO VALUEshall ensure that all employees, agents, subcontractors, or representatives assigned to perform services under this Agreement complete the required Level 1 or Level 2 background screening, as applicable to the nature of the services provided.

3. Confidentiality of Estimates, Bid Analysis, and Monitoring Systems

Pursuant to section 337.168, Florida Statutes, any document or electronic file revealing the official cost estimate for a project is confidential and exempt from section 119.07(1), Florida

Statutes, until the contract for the project has been executed or the project is no longer under active consideration.

The City’s analysis and monitoring systems, including all related documentation, inputs, processes, programs, electronic data files, and outputs, are confidential and exempt from section 119.07(1), Florida Statutes, except for source documents otherwise subject to disclosure unless exempt by law.

4. Conflict of Interest

The award of this solicitation and any resulting Agreement is subject to section 112.313, Florida

Statutes. The Contractor shall disclose in writing the name of any officer, director, employee, or agent of the Supplier who is also an employee of the City. The Contractor shall also disclose the name of any City employee who owns, directly or indirectly, any interest in the Supplier or any affiliated entity participating in this Agreement.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2025/0337.168 https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2021/112.313

5. Cybersecurity

The Contractor shall comply with section 119.0725, Florida Statutes, and shall implement reasonable administrative, technical, and physical safeguards to protect confidential, exempt, and sensitive information from unauthorized access, disclosure, or use.

6. Employment Eligibility Verification (E-Verify)

Pursuant to section 448.095, Florida Statutes, the Contractor and all subcontractors shall register with and use the E-Verify system to verify the employment eligibility of all newly hired employees. The Contractor shall require each subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

The Contractor shall maintain copies of such affidavits for the duration of the Agreement.

Failure to comply with section 448.095, Florida Statutes, may result in termination of this

Agreement and any other remedies available by law.

7. Equal Employment Opportunity

The Contractor shall comply with all applicable equal employment opportunity laws and shall not discriminate in violation of section 287.134, Florida Statutes, or any other applicable federal, state, or local law.

8. Florida Public Records Law

The parties acknowledge that all records made or received in connection with this Agreement may be subject to Chapter 119, Florida Statutes, and other applicable public records laws.

To the extent the Contractor is deemed a “Contractor” under section 119.0701, Florida Statutes, the Supplier shall:

1. Keep and maintain public records required by the City to perform the services provided under this Agreement.

2. Upon request from the City’s custodian of public records, provide the City with a copy of requested public records or allow such records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided by law.

3. Ensure that public records that are exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law during the term of this

Agreement and following completion of the Agreement if the records are not transferred to the City.

4. Upon completion of the Agreement, transfer, at no cost, all public records in possession of the NO VALUE to the City or, if authorized by the City to retain records, maintain such records in accordance with all applicable records retention requirements. All electronically stored records shall be provided in a format compatible with the City’s information technology systems.

https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://www.flsenate.gov/Laws/Statutes/2020/448.095 https://www.flsenate.gov/Laws/Statutes/2021/287.134 https://www.flsenate.gov/Laws/Statutes/2025/Chapter119

IF THE Contractor HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE Contractor’S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,

CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT:

City Clerk

2200 Second Street

Fort Myers, Florida 33901

Phone: (239) 321-7042Email: jgravitt@fortmyers.gov

9. Foreign Corporations

Pursuant to section 607.1501, Florida Statutes, a foreign corporation transacting business in

Florida shall obtain a certificate of authority from the Florida Department of State prior to entering into this Agreement unless otherwise exempt by law.

10. Human Trafficking

Pursuant to section 787.06(13), Florida Statutes, the Contractor shall provide an affidavit, signed under penalty of perjury by an authorized representative, certifying that the Contractor does not use coercion for labor or services.

11. Non-Collusion

The Contractor certifies that its response or submittal is genuine, submitted in good faith, and not the result of collusion or fraud. The Contractor further certifies that no undisclosed agreement or understanding exists with any other entity or person regarding pricing, terms, or conditions related to this solicitation or Agreement.

12. Public Bid Disclosure Act (Construction Contracts Only)

For construction-related procurements, the City shall comply with section 218.80, Florida

Statutes, by disclosing all known permit, inspection, licensing, impact, and similar fees required to be paid by the Contractor in connection with the project.

13. Public Entity Crimes

Pursuant to section 287.133, Florida Statutes, Contractor understands a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

14. Prohibition Against Consideration of Social, Political, or Ideological Interests https://www.flsenate.gov/Laws/Statutes/2021/0607.1501 https://www.flsenate.gov/laws/statutes/2013/787.06 https://www.flsenate.gov/laws/statutes/2020/218.80 https://www.flsenate.gov/laws/statutes/2020/218.80 https://www.flsenate.gov/Laws/Statutes/2018/287.133

Pursuant to section 287.05701, Florida Statutes, the City shall not request documentation of or consider a Contractor’s social, political, or ideological interests when determining whether the

Contractor is a responsible vendor, nor shall the City provide preference based upon such interests.

15. Records Retention and Audit Rights

The Contractor shall maintain all books, records, documents, and other evidence relating to the performance of this Agreement for a minimum period of five (5) years following final payment, or for such longer period as required by law. The City, or its authorized representatives, shall have the right to audit and inspect such records upon reasonable notice.

If any litigation, claim, audit, negotiation, or other action involving the records is initiated before expiration of the retention period, the records shall be retained until completion and resolution of all issues arising therefrom.

16. Scrutinized Companies

Pursuant to section 287.135, Florida Statutes, Contractor certifies at the time it submits a bid or proposal for a contract or before the Contractor enters into or renews a contract with the City for goods or services of any amount, the Contractor must certify that it is not participating in a boycott of Israel. Any contract for goods or services, regardless of amount, entered into or renewed on or after July 1, 2025, may be terminated at the option of the City if the Contractor is found to have been placed on the Scrutinized Companies or Other Entities that Boycott Israel

List or is engaged in a boycott of Israel.

17. Duty to Notify of Conflicts or Inconsistencies

If the Contractor becomes aware of any conflict, discrepancy, error, or inconsistency in the

Contract Documents or applicable legal requirements, the Contractor shall promptly notify the

City in writing.

3.5. Payment

All invoices and payments shall be governed by Sect. 218.74(2) Florida State Statutes, the

Florida Prompt Payment Act.

The successful Contractor(s) shall be paid in accordance with Florida Statutes, upon submission of invoices.

1. Discount

Contractor(s) may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.

Contractor(s) is requested to offer price discount for prompt invoice payment. It is the policy of the City to make payments of invoices in time to earn any offered discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later.

https://www.flsenate.gov/Laws/Statutes/2023/0287.05701 https://www.flsenate.gov/Laws/Statutes/2025/287.135

2. Invoicing

All invoices, in order to be classified as a proper invoice, shall be delivered via e-mail to

APInvoices@fortmyers.gov and addressed to Accounts Payable, Finance Department, City of

Fort Myers, 2200 Second Street, Fort Myers, Florida, 33901.

For purposes of billing submission and payment procedures, a "proper invoice" by a

Contractor(s) or other invoicing party shall conform to the following process:

1. A description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them);

2. The amount due, applicable discount(s), and the terms thereof;

3. The full name of the Contractor(s) or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;

4. The Purchase Order or Contract number as supplied by the City;

5. An identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided; and

6. In order to be considered as a proper invoice, it must be based on (1) a proper delivery, (2) installation, or (3) provision of the goods and/or services acceptance by the

City; and the Contractor(s) or other party who is supplying the goods and/or services has otherwise complied with all of the Contract's terms and conditions and is not in default of any of them.

3. Payment Dispute Resolution

In the event a dispute occurs between a Contractor(s) ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement Services and the invoicing party shall meet to consider the disputed issues.

The Contractor shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Director of Finance shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision.

If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued.

4. Payment If Agreement is Terminated

In the event of termination of this Agreement, the City shall compensate the Contractor(s) for:

(1) all services performed prior to the effective date of termination; (2) reimbursable expenses mailto:APInvoices@cityftmyers.com then due; and (3) reasonable expenses incurred by the Contractor prior to the termination of services by submitting required documentation to the City.

3.6. Pricing Proposal

1. Must complete this section in its entirety.

2. Additional charges. All additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. must be included in your quote. City will not be responsible for any type of miscellaneous surcharges or fees. The Contractor(s) may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written City approval.

3. Goods Orders. The Contractor(s) will adhere to the following:

3.1 Delivered costs will be included in your unit price, unless otherwise indicated.

3.2 Minimum order quantities are not allowed for this solicitation.

3.3 Unit pricing will be inclusive of inside delivery.

4. F.O.B. Destination. Offered prices for all items will be F.O.B. Destination and include all shipping charges to all City locations. Title to/or risk of loss or damage to all items will be the responsibility of the Contractor until acceptance by City. If the goods supplied to City are defective or do not conform to specifications, City reserves the right to cancel the order upon written notice to the Contractor. Returns will be at the Contractor's expense.

5. Price Reductions. If, from the date of award, the Contractor either proposes the same products and/or services at a lower price than offered to City or reduces the price of the proposed goods and services, the lowest of these reduced prices will be extended to City.

6. Additions. New products and related services may be added to a Contract resulting from this solicitation at any time during that Contract term to the extent that those products and related services are within the scope of this Solicitation. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.

7. Deletions. Products and related services may be deleted from a contract if an item is no longer available.

3.7. Request for Information

The City Clerk department is the official source to obtain information relating to this Quote. It is incumbent on the Contractor to obtain solicitation and current award information prior to and after the scheduled opening date. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled due date.

3.8. Return of Products/Equipment

All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City. The City may return, for full credit, any unused items received which fail to meet the City’s performance standards. Replacement items meeting

Specifications must be submitted within a reasonable time after rejection of the non-conforming items. Unless a different time period is specified, the Contractor(s) is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date.

All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the Contractor(s) and include reference to an applicable Contractor(s) Invoice or

Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Contractor(s) Invoice or Packing List.

3.9. Tax Exempt

The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City’s tax-exempt number is

85-8012621569C-3. No purchase made by any entity is qualified to be exempt other than those made directly by the City.

The City’s sales tax exemption does not apply to goods and services purchased separately by a

Contractor in connection with its fulfillment of its Contract obligations. The Contractor shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work.

3.10. Term

The purchase order term, if an award is made, is intended to be for a one-time purchase.

Prices shall remain firm for the term of the resultant purchase order.

NO EXCEPTIONS TO THE CITY’S PURCHASE ORDER TERMS AND CONDITIONS NOR A VENDOR

PROVIDED CONTRACT WILL BE ACCEPTED.

Surcharges will not be accepted in conjunction with this purchase order, and such charges should be incorporated into the pricing structure.

All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the CITY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the CITY nonetheless remain with SUPPLIER.

3.11. Right to Terminate

If through any cause, the Contractor(s) selected shall fail to fulfill the obligations agreed to in a timely and efficient manner, the City of Fort Myers may, at its discretion, terminate the agreement for services at anytime by giving ten (10) days written notice with cause; or thirty

(30) day written notice without cause.

• In the event there is any work or services in progress, but not completed as of the date of termination, then said contract may be extended upon written approval by the City until said work or services are completed and accepted. The firm would then be entitled to just and equitable compensation for the work satisfactorily completed.

4. Insurance Requirements

4.1. Indemnification

To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the City and the State of Florida, Department of Transportation, including the City’s and Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Contractor. The foregoing indemnification shall not constitute a waiver of the Department's or City's sovereign immunity beyond the limits set forth in Florida

Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by

Contractor to indemnify City for the negligent acts or omissions of City, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by

Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.

4.2. Insurance Coverages Required

Insurance will be provided by the Contractor. If required, the awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.

4.3. Comprehensive Auto Liability

If Supplier will be driving a vehicle on City Property either to perform work or the delivery of items the following is required:

This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than:

1. Minimum limits of $1,000,000 combined single limit liability.

2. Coverage shall include owned vehicles, hired, leased, non-owned vehicles, employee non-ownership.

3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

4. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the City with thirty (30) days prior written notice of cancellation and/or restriction.

4.4. Workers Compensation and Employer’s Liability

This insurance shall protect the Contractor(s) against all claims under applicable state workmen’s compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen’s compensation law. This policy shall include an “all states” or “other states” endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes.

Proof of workers’ compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than:

1. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.

2. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the CITY with thirty (30) days prior written notice of cancellation and/or restriction

4.5. Insurance Certificates Required

1. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor(s) and their Subcontractor/Subconsultant(s) initiation of performance, the Contractor and its Subcontractor/Subconsultant(s) shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the

“occurrence” type. Certificates of insurance for a Contractor and

Subcontractor/Subconsultant(s)-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement Services at the address set forth for delivery of the Solicitation.

2. All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the City and licensed in the State of Florida.

3. Each Certificate of Insurance submitted to the City shall be an original and shall be executed by an authorized representative of the insurance company affording coverage.

4. Each Certificate of Insurance shall specifically include all of the following:

4.1. The name and type of policy and coverages provided; and

4.2. The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and

4.3. The date of expiration of coverage; and

4.4. The designation of the City of Fort Myers, both as an additional insured to the GL &

AL on a primary and non-contributory basis, and as a certificate holder. (This requirement is exempted for Professional Liability Insurance and for Workers'

Compensation Insurance); and

4.5. A specific reference to this Agreement and the Project to which it pertains. (This requirement may be exempted for Professional Liability Insurance); or In the event the

Contractor has, or expects to enter into an agreement for Professional Services other than those provided for in this Agreement; the Contractor may elect to submit a

Certificate of Insurance containing the following statement:

"This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for the City of Fort Myers pursuant to one or more written Professional Services AGREEMENTS, or written Supplemental Agreements or

Change Orders thereto, and the limit(s) of liability shown shall not be intended or construed as applying to only one project."

Upon receipt and approval of such a Certificate of Insurance, a separate Certificate of

Insurance will not be required for each separate agreement.

4.6. An identifying statement indicating the identification of any services or work that is included in, or required under, the Scope Of Professional Services set forth in Exhibit “A” that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the Contractor(s) insurance policy(s). A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required. In the absence of any such statements of deductible amount(s), or coverage statement of exclusions or exemptions, the CITY will proceed with the understanding, stipulation, and condition that there are no deductible amount(s), or exclusions or exemptions to the insurance coverage(s) provided.

4.7. Name of the Project and/or Project Number should be clearly indicated.

4.8. Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by, and on behalf of, the insurance company affording the insurance coverage(s) indicated on each Certificate of Insurance.

4.9. If the initial or any subsequently issued Certificate of Insurance expires prior to completion of the work or termination of this Agreement, it is the Contractor(s) responsibility to furnish the City a renewal or replacement Certificate(s) of Insurance, including all endorsements, not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the City with such renewal certificate(s) shall be considered justification for the City to terminate this Agreement.

5. It is vitally important that all insurance coverage(s) required under this Agreement be in effect throughout the entire period of this Agreement. If any of the insurance coverage(s) required by this Agreement should reach the date of expiration indicated on the Certificate(s) of

Insurance on record with the City, without the City having received satisfactory evidence in the form of a Certified Binder or a Certificate of Insurance, that the required insurance coverage(s) has either been renewed or replaced, then the Contractor, unless notified in writing by the City to continue, shall therefore automatically and without further notice from the City, stop performing all previously authorized services and work until such date as the City shall receive and approve satisfactory documentation that the expired insurance coverage(s) has been renewed or replaced. During any time period that the Contractor shall fail to comply with the insurance requirements set forth in the Agreement, the City shall not be required to make, nor shall it make payment on any invoices submitted by the Contractor. Payment for any such invoices shall be made promptly by the City after the City receives and approves the renewal or replacement Certificates of Insurance. During any time period that the Contractor(s) services or work is suspended, as provided above, for failure to comply with the insurance requirements set forth in the Agreement, the Contractor shall not be entitled, as a result of such suspension, to any additional compensation or time to provide and perform the required services or work.

4.6. Insurance Terms & Conditions

1. The Contractor shall obtain and maintain such insurance as will protect the City from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his or her employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this

Agreement, whether such services, work and operations be by the Contractor, its employees, or by any Subcontractor/Subconsultant(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

2. Subcontractor/Subconsultant(s). Unless expressly specified otherwise in this solicitation, a

Contractor and its Subcontractor/Subconsultant(s) of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that Subcontractor/Subconsultant(s) maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Contractor and its Subcontractor/Subconsultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its

Subcontractor/Subconsultant(s) under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor(s) policies to the contrary.

3. The Contractor shall obtain, have, and maintain during the entire period of this Agreement, all such insurance policies as are set forth and required herein.

4. The insurance coverage to be obtained by the Contractor, as set forth in Agreement for: (1)

Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile Liability;

and (4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change

Order(s), or Supplemental Agreement(s). If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Contractor, then the Contractorshall be required and expected to acquire such additional insurance, and the compensation established for the

Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Contractor to obtain such additional insurance coverage.

5. The purchasing of any insurance on the behalf of the CITY shall not waive any defense under

Sovereign Immunity.

6. Additional Insureds. All insurance coverages furnished under a contract except Workers’

Compensation, Employers’ Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its Subcontractor/Subconsultant(s). The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

If this solicitation is funded in whole or in part by the Florida Department of Transportation, they will be included as an additional insured on all insurance certificates.

7. Waiver of Subrogation. The Contractor and its Subcontractor/Subconsultant(s) shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other

Contractor and Subcontractor/Subconsultant(s).

5. Pricing Proposal

Unit prices stated here will be locked in for the duration of the agreement unless stipulated elsewhere in this quote. Offered prices for all items will be F.O.B. Destination and include all shipping charges to all City locations. Title to/or risk of loss or damage to all items will be the responsibility of the successful Contractor until acceptance by City.

No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding.

MOVING AND SHELVING BY CONTRACTOR

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Move public records from the storage units located at 2235

Colonial Boulevard, Fort Myers, Florida, to the new records warehouse located at 2801

Michigan Avenue, Fort Myers, Florida. Pricing shall include all labor, equipment, transportation, and services necessary to move and place the boxes onto the designated shelving at the new warehouse.

1 LS

TOTAL

MOVING ONLY; NO SHELVING

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Move public records from the storage units located at 2235

Colonial Boulevard, Fort Myers, Florida, to the new records warehouse located at 2801

Michigan Avenue, Fort Myers, Florida. Pricing shall include all labor, equipment, transportation, and services necessary to complete the move. Placement of boxes onto shelving is not included under this option.

MOVING AND SHELVING WITH CITY EMPLOYEES ASSISTANCE

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Move public records from the storage units located at 2235

Colonial Boulevard, Fort Myers, Florida, to the new records warehouse located at 2801

Michigan Avenue, Fort Myers, Florida.