Operator_for_the_McCollum_Hall_Music_&_Performing_Arts_Center_(Addendum_#3_Revision).pdf

RFP 26-099

Operator for the McCollum Hall Music & Performing Arts Center

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

Operator for the McCollum Hall Music & Performing Arts Center, RFP 26-099

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. Advertisement

RFP 26-099 Operator for the McCollum Hall Music & Performing Arts Center

The Fort Myers Community Redevelopment Agency is seeking submittals for RFP 26-099 Operator for the McCollum Hall Music & Performing Arts Center. Submittals must be received electronically on or before Tuesday, October 6, 2026 at 2:00 pm. Interested participants are encouraged to download the solicitation documents. For more details visit:

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

CITY OF FORT MYERS

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

Mary Hagemann, City Clerk RUN DATES: Friday, September 11, 2026

1.2. 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 Redevelopment Agency

1.3. 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 CRA, 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 or CRA employee, elected official, or representative regarding the solicitation.

During this period, all solicitation-related communications must be submitted in writing 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 CRA contracts. All alleged violations are subject to investigation by the CRA.

1.4. OpenGov Portal

The Fort Myers Community Redevelopment Agency 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 CRA 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 CRA reserves the right to extend the deadline by addendum.

1.5. Timeline

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

Release Project Date: September 11, 2026

Pre-Proposal Meeting (Non-Mandatory): September 22, 2026, 2:00pm

Microsoft Teams meeting

Join:

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Meeting ID: 235 874 731 656 905

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Phone conference ID: 351 874 477#

Question Submission Deadline: September 29, 2026, 4:00pm

Submission Deadline: October 6, 2026, 2:00pm

Selection Committee: October 12, 2026, 10:00am

Presentations (if desired by the committee): October 21, 2026, 10:00am https://teams.microsoft.com/meet/235874731656905?p=r4NuCOpiJr5p6BJY9w https://teams.microsoft.com/meet/235874731656905?p=r4NuCOpiJr5p6BJY9w

1.6. Pre-Submittal Meeting

The purpose of a Pre-Submittal Meeting is to review and discuss the solicitation and any addenda as published. A representative from Procurement Services and a representative from the requesting department will be present to discuss the solicitation. The date, time, and location 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 Contractor's qualifications to do business in the State of Florida.

2.1.2. Contractor 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 Contractor stability and capacity. The Contractor 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 CRA.

2.1.3. Neither Contractor nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the CRA, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the CRA.

2.1.4. Contractor 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).

Contractor 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 Contractor shall be prepared to submit within five (5) days of CRA’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 Contractor’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

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

Contract and any contract renewals.

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

2.2. Scope

The CRA is seeking qualified firms to Operate McCollum Hall as a destination for live music, performing arts, cultural programming, community events, education, heritage tourism, local artist development, and public access.

2.3. Purpose

The Fort Myers Community Redevelopment Agency seeks proposals from qualified organizations, firms, nonprofit entities, cultural operators, or operator teams to manage, program, activate, and operate the McCollum Hall Music & Performing Arts Center as a community-centered, historically respectful, financially sustainable, and year-round cultural destination.The selected Operator shall be responsible for developing and implementing a comprehensive operating model that restores McCollum Hall as a destination for live music, performing arts, cultural programming, community events, education, heritage tourism, local artist development, and public access.This Scope of Work is informed by the attached evaluation criteria, which emphasize community engagement within the MLK

Redevelopment Area, accessible and inclusive music and arts programming, cultural and historical activation, flexible multi-use operations, partnerships, heritage tourism, local artist development, sustainable operations, and year-round activation.

2.4. Project Background

McCollum Hall is a historic cultural asset located within the MLK Redevelopment Area. The facility is being restored and redeveloped for public use as a music, performing arts, cultural, community, and heritage destination.

The CRA’s intent is to select an Operator capable of honoring the building’s historic and cultural significance while establishing a professional, active, and sustainable operating model that benefits residents, local musicians, artists, visitors, schools, nonprofit organizations, businesses, and the broader Fort Myers community.

The selected Operator must demonstrate the capacity to manage the facility as both:

A professional music and performing arts venue, and

A community-accessible public asset that supports cultural preservation, local participation, and redevelopment goals.

2.5. Overall Objectives

The selected Operator shall provide services that advance the following objectives:

Objective Description

Restore Live Music Reestablish McCollum Hall as a recognized venue for live music and performance.

Honor Historic Legacy Incorporate the history, culture, and identity of McCollum Hall into programming and operations.

Serve the Community Ensure meaningful access for residents, neighborhood organizations, schools, nonprofits, and underserved populations.

Support Local Talent Create paid and developmental opportunities for local musicians, artists, performers, technicians, educators, and cultural workers.

Activate Year-Round Maintain regular programming throughout the year, including evenings, weekends, and community-oriented uses.

Strengthen the MLK Corridor Support corridor activation, tourism, local business activity, and economic revitalization.

Operate Sustainably Implement a realistic business model with diversified revenues, responsible staffing, and measurable performance outcomes.

Maintain Public Accountability Coordinate with the CRA and provide transparent reporting on programming, finances, facility use, and public benefit.

2.6. Scope of Services

The selected Operator shall provide all management, programming, administrative, coordination, marketing, partnership, and operational services necessary to activate the

McCollum Hall Music & Performing Arts Center.

2.7. Facility Management and Daily Operations

The Operator shall manage the day-to-day use and activation of the facility in coordination with the CRA.

Required services shall include, but are not limited to:

Required

Service

Scope Requirement

Facility

Scheduling

Manage the calendar for performances, rentals, community events, rehearsals, workshops, tours, meetings, and public programming.

Event

Coordination

Coordinate logistics for all events, including load-in, setup, technical needs, ticketing, staffing, crowd flow, security coordination, and post-event closeout.

Customer

Service

Provide professional service to patrons, artists, renters, community organizations, vendors, and guests.

Rental

Management

Develop and administer rental procedures for community, nonprofit, educational, civic, private, and commercial uses, subject to CRA approval.

Use Policies Prepare proposed policies for facility use, rentals, ticketing, cancellation, deposits, insurance, security, alcohol or food service if applicable, and public access.

Safety

Coordination

Coordinate with the CRA regarding safety, emergency procedures, occupancy, risk management, insurance, security, and incident reporting.

Maintenance

Coordination

Monitor facility conditions, report maintenance needs, coordinate event-related cleaning, and protect the public investment in the facility.

Accessibility Ensure programming and operations are accessible and welcoming to diverse users, including persons with disabilities, seniors, youth, and underserved populations.

The Operator shall not make physical alterations to the facility without prior written approval from the CRA.

2.8. Live Music and Performing Arts Programming

The Operator shall develop, manage, and implement a year-round programming plan that prioritizes live music and performing arts.

Programming shall include, as appropriate:

Programming

Area

Minimum Expectation

Live Music Regular live music performances featuring local, regional, and visiting musicians.

Performing Arts Theater, dance, spoken word, comedy, cultural performance, multidisciplinary arts, and community productions.

Local Talent Intentional booking of local musicians, artists, performers, and cultural workers.

Community

Performances

Opportunities for schools, youth groups, churches, nonprofits, neighborhood groups, and community-based performers.

Signature Events Development of recurring branded events, music series, festivals, heritage programs, or cultural showcases.

Educational

Programming

Workshops, lectures, master classes, youth programs, artist talks, and training opportunities.

Intergenerational

Programming

Events serving youth, adults, seniors, families, artists, tourists, and community organizations.

2.9. Historical, Cultural, and Heritage Activation

The Operator shall incorporate McCollum Hall’s history and cultural significance into the facility’s programming, branding, interpretation, and public use.Required services may include:

Requirement Description

Historical Interpretation Develop programming that educates the public about McCollum Hall’s historical and cultural importance.

Cultural Preservation Ensure that programming honors the facility’s identity and legacy, including its role in music, entertainment, African American culture, and community life.

Heritage Tourism Create opportunities for heritage tours, cultural storytelling, historical exhibits, lectures, performances, and tourism partnerships.

Community Memory Engage residents, historians, cultural leaders, artists, and community stakeholders in preserving and presenting the story of McCollum Hall.

Respectful Activation Avoid programming or operations that would diminish, commercialize inappropriately, or conflict with the historic dignity of the facility.

2.10. Community Access and Public Benefit

The Operator shall maintain McCollum Hall as a community-accessible venue that balances revenue-generating activities with public benefit.

The Operator shall provide:

Access Requirement Description

Community Use Plan A plan for neighborhood, nonprofit, school, civic, educational, and public uses.

Affordable Access Proposed pricing, rental, or ticketing strategies that include free, low-cost, or reduced-cost access opportunities.

MLK Redevelopment

Area Engagement

Specific outreach and engagement strategies for residents, businesses, organizations, and institutions within the MLK Redevelopment Area.

Inclusive Programming Programming designed for diverse and underserved populations.

Public Programming A regular schedule of public-facing events that encourage community participation.

Feedback Process A process for collecting and responding to community feedback.

The Operator shall demonstrate how it will reduce barriers to participation, including cost, transportation, awareness, age, disability, and other access considerations.

2.11. Partnership Development

The Operator shall establish and maintain partnerships that strengthen programming, community engagement, tourism, and economic activation.

Partnerships may include, but are not limited to:

Partner Type Potential Role

Schools and Colleges Student performances, arts education, internships, workforce training, youth programs.

Nonprofit Organizations Community programming, cultural events, public services, educational activities.

Local Artists and Musicians Performances, residencies, workshops, teaching opportunities.

Cultural Institutions Exhibits, lectures, heritage interpretation, collaborative events.

Businesses Sponsorships, corridor activation, cross-promotion, vendor opportunities.

Tourism and Hospitality

Partners

Heritage tourism, hotel packages, dinner-and-show events, visitor marketing.

Restaurants and Food

Vendors

Culinary partnerships, event concessions, cultural food programming.

Community Organizations Neighborhood engagement, outreach, public feedback, volunteer support.

The Operator shall include evidence of existing partnerships or a detailed plan to develop partnerships within the first year of operation.

2.12. Local Artist, Musician, and Workforce Development

The Operator shall create meaningful opportunities for local creative and cultural workers.

Required activities shall include:

Development

Area

Scope Requirement

Local Booking Prioritize opportunities for local musicians, bands, performers, teaching artists, and cultural workers.

Paid

Opportunities

Establish fair and transparent compensation practices for artists and performers.

Training Provide or coordinate workshops, apprenticeships, mentorships, or training in music, performance, production, sound, lighting, event management, hospitality, and arts administration.

Youth

Development

Include opportunities for youth participation, education, internships, and exposure to creative careers.

Emerging Artists Provide access to stage time, showcases, residencies, open mics, or curated performance opportunities for emerging talent.

Technical

Workforce

Support development of local technicians, stagehands, production assistants, and event staff.

2.13. Heritage Tourism and Economic Activation

The Operator shall support the broader redevelopment goals of the MLK corridor and surrounding community.

The Operator shall propose strategies for:

Strategy Area Description

Destination

Programming

Events that attract both residents and visitors.

Heritage Tourism Tours, exhibits, cultural storytelling, historically themed events, and educational experiences.

Corridor Activation Programming that encourages activity before and after events along the MLK corridor.

Local Business

Support

Cross-promotion with local restaurants, retailers, vendors, hotels, and service businesses.

Festivals and

Special Events

Cultural festivals, music festivals, seasonal events, and collaborative community celebrations.

Visitor Experience Marketing and programming that position McCollum Hall as a Fort Myers cultural destination.

2.14. Marketing, Branding, and Audience Development

The Operator shall develop and implement a marketing and audience development plan for the facility and its programming.

The plan shall include:

Marketing

Requirement

Description

Brand Alignment Marketing that respects McCollum Hall’s historic and cultural identity.

Event Promotion Promotion of concerts, performances, rentals, workshops, community events, and public programs.

Audience

Development

Strategies to reach residents, families, youth, seniors, tourists, schools, artists, and underserved communities.

Digital Marketing Website content coordination, social media, email marketing, online ticketing, digital event calendars, and media outreach.

Community

Outreach

Flyers, neighborhood outreach, partner communications, local media, and direct engagement with community organizations.

Tourism Marketing Collaboration with tourism, hospitality, cultural, and destination partners.

All use of McCollum Hall’s name, image, logo, brand identity, or public messaging shall be subject to CRA approval.

2.15. Financial Management and Revenue Strategy

The Operator shall propose and implement a financially responsible operating model.

The proposal shall include:

Financial

Component

Required Information

Operating

Budget

Proposed annual operating budget, including revenues, expenses, staffing, programming costs, marketing, insurance, and administration.

Revenue

Sources

Ticket sales, rentals, grants, sponsorships, donations, memberships, concessions, merchandise, partnerships, and other lawful revenue sources.

Affordability

Strategy

Explanation of how revenue generation will be balanced with public access and community affordability.

Sponsorships and Grants

Strategy for identifying and securing outside funding.

Financial

Controls

Accounting, reporting, internal controls, cash handling, and audit-readiness procedures.

Risk

Management

Identification of financial risks and proposed mitigation strategies.

Phased

Growth

A realistic phased approach to programming, staffing, revenue growth, and operational expansion.

The Operator shall provide periodic financial reports to the CRA in a format approved by the

CRA.

2.16. Staffing and Organizational Capacity

The Operator shall provide a staffing plan sufficient to manage the facility safely, professionally, and consistently.

The staffing plan shall identify:

Position /

Function

Description

Executive /

Project Lead

Individual responsible for overall contract performance and CRA coordination.

Venue

Manager

Individual responsible for daily operations, scheduling, rentals, and facility coordination.

Programming

Director

Individual or team responsible for live music, performing arts, educational, cultural, and community programming.

Technical /

Production

Staff

Personnel responsible for sound, lighting, stage management, equipment coordination, and production support.

Marketing /

Outreach

Staff

Personnel responsible for promotion, audience development, community engagement, and partnerships.

Finance /

Administration

Personnel responsible for budgeting, reporting, contracts, payments, insurance, and compliance.

Event Staff Ushers, front-of-house staff, box office staff, security coordination, hospitality, and event support.

The Operator may use employees, contractors, volunteers, partners, or a combination thereof, provided that all staffing is properly managed, trained, insured where required, and compliant with applicable laws and CRA requirements.

2.17. Compliance, Insurance, and Risk Management

The Operator shall comply with all applicable federal, state, and local laws, regulations, ordinances, permits, licensing requirements, and CRA policies.

Required compliance areas may include:

Compliance

Area

Requirement

Insurance Maintain insurance coverage as required by the CRA, including general liability and other applicable coverage.

Permits and

Licenses

Obtain all required permits, licenses, approvals, and event-specific authorizations.

Safety Comply with fire, life safety, occupancy, emergency, crowd management, and security requirements.

Accessibility Comply with applicable accessibility requirements.

Employment

Practices

Comply with labor, wage, tax, contractor, and employment laws.

Financial

Accountability

Maintain accurate records and provide reports as required.

Public Asset

Protection

Protect the facility, equipment, public investment, and historic character of McCollum Hall.

Nondiscrimination Provide services in a nondiscriminatory and inclusive manner.

2.18. Required Deliverables

The selected Operator shall provide the following deliverables during the contract term.

Deliverable Description Due Date / Frequency

Transition /

Startup Plan

Plan for assuming operating responsibilities, staffing, policies, opening activities, and initial programming.

Within 30 days of contract execution

12-Month

Programming

Calendar

Calendar of proposed live music, performing arts, cultural, educational, tourism, rental, and community events.

Within 45 days of contract execution; updated quarterly

Community

Access Plan

Plan for affordable access, nonprofit use, school use, neighborhood outreach, and public programming.

Within 60 days of contract execution

Marketing and

Audience

Development

Plan

Promotion strategy for residents, visitors, artists, schools, partners, and tourists. Within 60 days of contract execution

Partnership

Development

Plan

Identification of current and proposed partners, including cultural, educational, tourism, business, and community partners.

Within 60 days of contract execution

Staffing Plan Identification of staff, roles, responsibilities, reporting structure, and coverage plan. With proposal; updated annually

Operating

Budget

Annual budget showing anticipated revenues, expenses, staffing, programming, marketing, and administrative costs.

With proposal; updated annually

Facility Use

Policies

Proposed policies for rentals, ticketing, community use, safety, cancellations, deposits, insurance, and event operations.

Within 90 days of contract execution

Monthly

Activity Report

Summary of events, attendance, community use, rentals, partnerships, issues, and upcoming activities.

Monthly

Quarterly

Performance

Report

Progress toward performance measures, financial summary, programming outcomes, and public benefit results.

Quarterly

Annual Report Comprehensive summary of programming, attendance, finances, partnerships, community impact, artist participation, tourism activity, and recommendations.

Annually

2.19. Performance Measures

The selected Operator shall be evaluated using measurable performance indicators. Final performance measures shall be negotiated as part of the operating agreement.

Recommended performance measures include:

Performance Area Potential Measure

Live Music Activation Number of live music events held monthly and annually.

Performing Arts

Activation

Number of performances, productions, workshops, and cultural events.

Facility Usage Number of operating days, event days, rental days, rehearsal days, and public activation days.

Attendance Total attendance by event type and audience category where available.

Community Access Number of free, low-cost, nonprofit, school, civic, and community events.

Local Artist

Participation

Number and percentage of events featuring local musicians, artists, performers, and cultural workers.

Youth and Education Number of youth programs, student participants, school partnerships, workshops, and training opportunities.

Heritage

Programming

Number of heritage tours, historical programs, cultural preservation events, exhibits, lectures, or storytelling programs.

Partnerships Number and quality of active partnerships with schools, nonprofits, businesses, artists, tourism partners, and cultural institutions.

Economic Activation Events or partnerships that support local businesses, corridor activity, tourism, hospitality, and visitor engagement.

Financial Performance Revenue diversification, budget performance, sponsorships, grants, ticketing, rentals, and earned income.

Public Satisfaction Community feedback, patron surveys, partner feedback, complaints, and corrective actions.

2.20. CRA Responsibilities

The CRA may retain responsibility for certain owner-related functions, which may include:

CRA

Responsibility

Description

Facility

Ownership

Retain ownership and long-term stewardship of the facility.

Capital

Improvements

Manage major capital improvements unless otherwise assigned by contract.

Contract

Oversight

Monitor Operator performance, approve required plans, and review reports.

Brand and Public

Messaging

Approval

Approve use of facility name, logo, identity, signage, and public messaging where applicable.

Policy Approval Approve major facility use policies, rental structures, community access policies, and operating procedures.

Coordination Coordinate with public agencies, CRA departments, legal counsel, procurement, and other stakeholders as needed.

2.21. Operator Responsibilities

The selected Operator shall be responsible for:

Operator

Responsibility

Description

Management Manage daily operations in accordance with the approved operating agreement.

Programming Develop and implement live music, performing arts, cultural, educational, and community programming.

Staffing Provide qualified staff, contractors, volunteers, and management personnel.

Community Access Maintain meaningful access for residents, nonprofits, schools, civic organizations, and community groups.

Financial

Management

Maintain budgets, records, financial controls, and reporting procedures.

Marketing Promote the facility and its programs in coordination with CRA goals.

Partnerships Build and maintain partnerships that support programming, public benefit, and economic activation.

Reporting Submit monthly, quarterly, and annual reports.

Compliance Comply with applicable laws, permits, licenses, insurance, safety, and CRA requirements.

Stewardship Protect the historical, cultural, and physical integrity of McCollum Hall.

2.22. Required Proposal Response to Scope of Work

Each proposer should be required to submit a detailed response addressing the following:

Required

Proposal Section

Description

Executive

Summary

Overview of the proposer’s vision, qualifications, and proposed operating approach.

Organizational

Qualifications

History, structure, leadership, relevant experience, references, and demonstrated capacity.

Experience with

Similar Facilities

Experience managing music venues, performing arts spaces, cultural facilities, community venues, or public-facing event spaces.

Programming Plan Proposed live music, performing arts, educational, cultural, and community programming.

12-Month Sample

Calendar

Proposed first-year programming and activation calendar.

Historic and

Cultural Activation

Plan

Approach to honoring and interpreting McCollum Hall’s history and cultural significance.

Community

Engagement Plan

Specific approach to engaging the MLK Redevelopment Area, residents, schools, nonprofits, and underserved populations.

Local Artist and

Workforce Plan

Strategy for supporting local musicians, artists, performers, technicians, youth, and creative workers.

Partnership Plan Existing and proposed partnerships, including letters of support if available.

Marketing Plan Audience development, event promotion, tourism marketing, and community outreach strategy.

Staffing Plan Proposed staffing structure, resumes of key personnel, and management roles.

Financial Plan Operating budget, revenue assumptions, fundraising strategy, sponsorship strategy, and financial controls.

Facility Operations

Plan

Scheduling, rentals, safety, ticketing, technical operations, maintenance coordination, and customer service.

Performance

Metrics

Proposed goals and reporting measures for public benefit, programming, attendance, finances, and community impact.

Transition Plan Plan for startup, opening, initial programming, and coordination with CRA staff.

References References from similar venue, cultural, government, nonprofit, or community-based projects.

2.23. Contract Term

The CRA may award an initial operating agreement for a term of ten years, with optional renewal periods based on satisfactory performance, funding availability, CRA approval, and continued alignment with public benefit goals.The CRA reserves the right to negotiate final contract terms, performance requirements, compensation structure, revenue-sharing provisions, reporting requirements, facility use policies, and termination provisions with the selected

Operator.

2.24. Desired Outcome

The successful proposer shall demonstrate the ability to operate McCollum Hall as a Live music-centered, performing arts-focused, historically respectful, community-accessible, financially sustainable, and year-round cultural destination that advances public benefit, honors the legacy of McCollum Hall, supports local artists and musicians, strengthens the MLK Redevelopment

Area, and contributes to the cultural and economic vitality of Fort Myers.

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

Procurement Services is the official source for obtaining information regarding both City and

CRA solicitations. It is the responsibility of Contractor to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The CRA 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, Contractor 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 Contractor to ensure correct registration information is provided. The City/CRA 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/CRA 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/CRA reserves the right to cancel any solicitation at any time without obligation.

3.6. Responsibilities of the Contractor

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

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

3.6.2. Contractor 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. Contractors 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. Contractor 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. The

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

3.6.5. Contractor 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. Contractor will study and carefully align observations with the solicitation documents to ensure consistency.

3.6.7. Contractor 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 CRA 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 CRA reserves the right to make modifications to the Agreement for specific projects before execution.

3.7. Cone of Silence

Contractors 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/CRA posting the notice of intended award, excluding Saturdays, Sundays, and City/CRA recognized holidays, any employee or elected official of the City/CRA 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/CRA reserves the right to exercise its own judgment regarding the disclosure of records.

City/CRA 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.

Contractor 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. Contractor shall promptly remediate any accessibility deficiencies identified by the City/CRA at no additional cost and shall provide corrected deliverables within a mutually agreed-upon timeframe.

The Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor. Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Contractor’s questionnaire. If no variances are identified in the submittal, the City/CRA will assume that: a) the materials, equipment, or services offered fully comply with the Solicitation specifications, b) TheContractor agrees to all terms and conditions outlined in the attached Agreement. Failure to disclose variances may result in the Contractor being held to full compliance of the Solicitation requirements.

3.8.3.2. Responsibility for Timely Submittal

The Contractor 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/CRA is not responsible for any delays or failures in submittal caused by any occurrence.

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

OpenGov portal by the precise date and time 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.

Contractor 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/CRA is not responsible for any expenses incurred by Contractor 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

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

"confidential" are not sufficient. 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/CRA 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' CRA 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 Contractor'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 notedContractor under the signature. Include the partnership's official address.

Litigation History Provide details of any current litigation or outstanding judgments involving the Contractor 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 Contractor 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 Contractor 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/CRA is not responsible for the distribution of addenda or other solicitation-related information to Contractors who fails to register in

OpenGov.

3.9.3. Modification of Solicitation Documents

The City/CRA reserves the right to issue addenda to modify the solicitation documents as necessary. Contractors 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 Contractor 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 Contractor 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 Contractor may withdraw its Submittal. In such cases:

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

• The Contractor 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/CRA 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/CRA reserves the right to request additional information from the Contractor 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/CRA may conduct investigations into the qualifications of any Contractor, which may include background checks.

3.12.2. Flexible Award Options

The City/CRA 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/CRA 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 Contractor is not in the City/CRA’s best interest, including cases where

• The Solicitation is not responsive.

• The Contractor is unqualified or has questionable financial ability.

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

City/CRA.

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/CRA to accept any proposed term.

3.14. Award of Contract

3.14.1. Formal Award

The City/CRA intends to negotiate a Service Agreement with the highest-ranked responsive and responsible Contractor. If negotiations are unsuccessful, the City/CRA 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 Contractor’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/CRA reserves the right to award one or multiple agreements if determined to be in the best interest of the City/CRA.

3.14.3. Purchase Order

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

3.15. Form of Agreement

The City/CRA’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/CRA 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 Contractor shall execute the Services Agreement. Upon approval by the CRA Board the Contractor 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 Contractor. 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,…