Restaurant_Operator_for_McCollum_Hall_(Addendum_#1_Revision).pdf

RFP 26-100

Restaurant Operator for McCollum Hall

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

Restaurant Operator for McCollum Hall, RFP 26-100

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 26-100 Restaurant Operator for McCollum Hall

The Fort Myers Community Redevelopment Agency is seeking submittals for RFP 26-100

Restaurant Operator for McCollum Hall. Submittals must be received electronically on or before

Friday, October 2, 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 City/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/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 City/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 City/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 17, 2026, 2:00pm

Microsoft Teams meeting

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Question Submission Deadline: September 25, 2026, 4:00pm

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

Selection Committee: October 9, 2026, 10:00am

Presentations (if desired by the committee): October 14, 2026, 10:00am https://teams.microsoft.com/meet/281302138146998?p=fwc34eCDpAxCuCGLgU https://teams.microsoft.com/meet/281302138146998?p=fwc34eCDpAxCuCGLgU

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 Respondent's qualifications to do business in the State of Florida.

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

2.1.3. Neither Respondent nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City/CRA, (as a party to a contract, or otherwise);

nor have failed to perform faithfully on any previous contract with the City/CRA.

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

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

• Judgments: Any court decisions against them.

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

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

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

To demonstrate qualifications to perform the Work, each Respondent shall be prepared to submit within five (5) days of City/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 Respondent’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

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

Contract and any contract renewals.

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

2.2. Scope of Services

The selected respondent shall plan, launch, manage, and operate the restaurant in a professional manner consistent with the final agreement, approved operating plan, applicable laws, and CRA goals for McCollum Hall.

2.3. Core Services

• Develop and implement the restaurant concept, brand, menu, service model, and customer experience approved by the CRA.

• Coordinate with the CRA during final design, construction, equipment planning, pre-opening, inspections, and facility activation.

• Operate the restaurant during approved hours and maintain reliable service levels.

• Provide all staffing, management, training, payroll administration, uniforms, HR compliance, scheduling, and supervision necessary for operations.

• Purchase and maintain inventory, food, beverages, consumables, smallwares, operating supplies, and other items not expressly provided by the CRA.

• Obtain and maintain all permits, licenses, certificates, approvals, health inspections, tax registrations, and operating authorizations required for the restaurant.

• Maintain cleanliness, sanitation, safety, security, pest control, grease management, waste handling, and equipment care in accordance with applicable requirements.

• Maintain insurance, indemnification, and risk management practices required by the final agreement.

• Collect and remit all applicable taxes, fees, rent, revenue share, utility reimbursements, common area charges, or other payments required by the final agreement.

• Provide periodic reporting to the CRA regarding operations, sales, community benefits, maintenance, incidents, and performance metrics.

2.4. Event and Facility Coordination

The restaurant is expected to function as part of a larger McCollum Hall ecosystem.

Respondents should describe how they will coordinate with the CRA and other operators for live music, performing arts events, community meetings, private rentals, neighborhood events, cultural celebrations, tours, and public programming.

• Food and beverage service for ticketed events, private rentals, and community events.

• Pre-event and post-event dining options, reservation systems, or limited menus tied to event schedules.

• Catering, concessions, or hospitality services, if proposed and negotiated.

• Joint marketing with the CRA, performing arts venue operator, business center tenants, and community partners.

• Protocols for shared deliveries, waste, security, staffing, noise, queuing, and crowd management.

2.5. Design, Fit-Out, and Pre-Opening Coordination

Because McCollum Hall is in the restoration and redevelopment process, the selected respondent may be asked to provide technical input regarding restaurant workflow, equipment, service circulation, point-of-sale placement, storage, loading, menu-driven equipment needs, and opening logistics. The CRA is not obligated to accept any requested design change, but may consider operator input if timely, feasible, code-compliant, budget-aligned, and consistent with the project schedule.

• Review final kitchen and service plans as requested by the CRA.

• Identify equipment, FF&E, smallwares, millwork, branding, decor, storage, and POS needs.

• Submit a pre-opening schedule with procurement, hiring, training, menu testing, inspections, soft opening, and public opening milestones.

• Coordinate with construction and CRA staff without interfering with project delivery.

• Submit any proposed tenant improvement or decor plan for CRA approval before installation.

2.6. Responsibilities of the CRA and Selected Respondent

The following table identifies anticipated responsibilities. Final allocation of responsibilities will be controlled by the final agreement, insurance requirements, construction documents, facility rules, and approved operating plan.

Area CRA Anticipated Responsibility Selected Respondent

Responsibility

Facility restoration and building shell Lead restoration and redevelopment of McCollum Hall; deliver premises consistent with final approved plans, budget, permits, and construction contract.

Coordinate with CRA schedule; provide timely restaurant input; do not interfere with construction; accept premises only as set forth in the final agreement.

Kitchen infrastructure and major systems Identify base building infrastructure and any CRA-provided kitchen equipment or utility connections in final agreement.

Provide restaurant-specific equipment needs; furnish, install, maintain, repair, or replace operator-provided equipment and systems.

Restaurant concept and menu Review and approve final concept, signage, exterior impacts, and material changes for compatibility with project goals.

Develop, finance, implement, and operate the approved concept, menu, pricing, service model, and brand.

Permits and licenses Provide available site/building information and coordinate owner signatures where legally appropriate.

Obtain and maintain all restaurant, health, occupational, alcohol, tax, employment, and operating licenses required by law.

FF&E, smallwares, POS, inventory Provide only those items expressly identified in the final agreement.

Provide all furniture, fixtures, decor, smallwares, tabletop items, POS, inventory, opening supplies, and startup working capital not provided by the CRA.

Staffing and operations Monitor compliance with agreement and facility rules. Hire, train, supervise, pay, schedule, and manage all restaurant personnel and contractors.

Routine cleaning and sanitation Maintain common areas as defined in final agreement or assign costs through common area provisions.

Maintain restaurant premises, kitchen, storage, grease areas, trash areas, and equipment in sanitary, safe, clean, and code-compliant condition.

Maintenance and repairs Maintain roof, structure, exterior, base building systems, and common areas unless otherwise allocated in final agreement.

Perform routine maintenance, repair damage caused by operator, maintain operator equipment, and report building issues promptly.

Utilities and services Provide utility connections as designed; establish metering or allocation approach in agreement.

Pay or reimburse utilities, telecom, grease, pest, waste, security, cleaning, and other operating costs as required by agreement.

Insurance and risk management Review insurance and risk requirements; reserve approval rights. Maintain required insurance, indemnify

CRA as required, manage operational risk, and report incidents immediately.

Marketing and activation Promote McCollum Hall as part of redevelopment and community programming.

Market the restaurant, coordinate with facility programming, and participate in approved community and cultural events.

Reporting and compliance Review reports, conduct inspections, and enforce agreement requirements.

Submit required reports, maintain records, cooperate with audits, and comply with public records and procurement requirements.

2.7. Required Deliverables and Performance Expectations

Respondents shall commit to providing the following deliverables if selected. The CRA may adjust due dates during negotiation to align with project design, construction, inspections, and opening milestones.

Deliverable Timing Expected Content

Proposal package Due by RFP deadline Complete response with all required forms, plans, references, financial proposal, and attachments.

Due diligence and kickoff meeting Within 10 business days after notice of intent to negotiate or as directed

Meeting with CRA and project team to confirm scope, schedule, information needs, and negotiation path.

Final restaurant concept package Before agreement execution or by negotiated deadline

Concept narrative, menu, service model, target customer profile, pricing strategy, brand approach, and cultural alignment plan.

Operating plan Before opening and updated annually Hours, staffing plan, management structure, training, policies, customer service plan, safety, sanitation, quality controls, and event coordination.

Business and financial plan With proposal and updated before agreement execution

Pro forma, startup budget, working capital plan, financial assumptions, rent/revenue proposal, funding sources, and evidence of capacity.

Fit-out and FF&E plan During design/pre-opening phase Operator equipment, decor, furniture, fixtures, POS, smallwares, storage, technology, and installation plan.

Permits, licenses, and insurance certificates

Before possession or opening, as applicable Proof of required licenses, health approvals, business tax receipts, alcohol license if proposed, insurance, and endorsements.

Pre-opening readiness plan At least 60 days before target opening or as negotiated

Hiring schedule, training, menu testing, soft opening, marketing, vendor setup, inspections, and opening events.

Monthly operating report Monthly after opening Gross sales, operating days/hours, rent/revenue share calculation, incidents, maintenance issues, staffing highlights, and customer service concerns.

Quarterly community benefit report Quarterly after opening Local hiring, local vendor participation, workforce partnerships, community events, special programs, and outreach.

Annual performance report Annually Financial summary, operations review, capital/equipment needs, marketing outcomes, community benefit results, and proposed improvements.

Corrective action plan As required by CRA Written plan addressing noncompliance, poor performance, inspection issues, late reporting, safety concerns, or service failures.

2.8. Minimum Operating Expectations

• Operate during approved hours and maintain predictable public access.

• Maintain the restaurant premises in a clean, orderly, safe, and welcoming condition.

• Maintain satisfactory health, safety, sanitation, fire, occupational, and licensing compliance.

• Provide courteous, professional, and culturally respectful service.

• Respond promptly to CRA notices, customer complaints, maintenance issues, safety issues, and community concerns.

• Coordinate event-related food and beverage needs when requested or negotiated.

• Use commercially reasonable efforts to hire locally and support workforce pathways connected to the community.

• Protect the historic character and public reputation of McCollum Hall.

2.9. Agreement Structure and Business Terms

Respondents shall propose a business structure that is commercially feasible and in the best interest of the CRA. The CRA may negotiate final terms, including rent, revenue sharing, investment responsibilities, term, renewal options, performance obligations, exclusivity, events, catering, maintenance, utilities, and default provisions.

2.10. Proposed Financial Terms

Each respondent shall submit a proposed financial term sheet including, at minimum:

• Proposed agreement type, such as lease, concession, management agreement, operating agreement, or hybrid structure.

• Proposed initial term and renewal options, including rationale for the requested term.

• Proposed base rent, percentage rent, revenue share, minimum annual guarantee, or other compensation to the CRA.

• Requested rent abatement, ramp-up period, tenant allowance, or other public participation, if any.

• Estimated operator capital investment, startup costs, working capital, equipment costs, inventory, furniture, decor, POS, and contingency.

• Utility, common area, janitorial, waste, pest, grease, security, maintenance, and repair cost assumptions.

• Proposed catering, event, bar, concessions, or outdoor activation revenue model, if applicable.

• Evidence of financial capacity and funding sources sufficient to open and sustain operations.

2.11. Suggested Business Terms for Proposal Purposes

For comparability, respondents should address the following baseline terms. Respondents may propose alternatives with clear justification.

Term Baseline Expectation

Initial Term Five years from restaurant opening, unless respondent proposes and justifies a different term.

Renewal Options Up to two renewal options of five years each, subject to performance, CRA approval, and agreement terms.

Rent / Revenue Model Base rent plus percentage rent, revenue share, concession fee, or other structure proposed by respondent and negotiated by the CRA.

Opening Deadline Operator must open by the date established in the final agreement after delivery of the premises, subject to force majeure and CRA-approved delays.

Permitted Use Restaurant and food/beverage operations consistent with approved concept; alcohol service only if approved and licensed.

Exclusivity No exclusive rights are granted unless expressly stated in the final agreement.

Assignment / Sublease No assignment, sublease, transfer, or change of control without prior written CRA approval.

Performance Review Annual review of operations, compliance, community benefit, facility coordination, and financial obligations.

2.12. Minimum Qualifications

At a minimum, respondents must demonstrate the following qualifications. A respondent may satisfy qualifications through a prime operator, ownership group, management agreement, joint venture, key personnel, or other structure acceptable to the CRA.

• At least three years of successful restaurant, hospitality, food hall, catering, or comparable food service operation experience, or a management team with equivalent demonstrable experience.

• Experience managing food quality, customer service, staffing, inventory, vendor relationships, cash controls, POS systems, sanitation, and regulatory compliance.

• Financial capacity to launch and operate the restaurant, including startup capital, working capital, and ability to meet proposed lease or operating obligations.

• Ability to obtain and maintain all required licenses, insurance, permits, and approvals.

• No unresolved debarment, suspension, public entity crime restriction, or material default that would impair eligibility to contract with the CRA.

• Willingness to comply with public records, audit, reporting, insurance, indemnification, E-Verify, conflict of interest, and all other applicable requirements.

• Experience or a credible plan to operate in a culturally significant community facility and coordinate with public, nonprofit, arts, community, or event partners.

2.13. Proposal Submittal Requirements

Proposals shall be clear, complete, and organized in the order listed below. The CRA may deem a proposal non-responsive if it omits required sections, required forms, signatures, financial proposal information, or material information necessary for evaluation.

Required Section Information to Provide

1. Cover Letter Signed by authorized representative; confirms commitment to RFP terms, identifies lead contact, and states validity period.

2. Executive Summary Concise overview of concept, team, qualifications, business model, community benefit, and why the respondent is best suited for McCollum Hall.

3. Respondent Profile and Team

Legal name, ownership, structure, key personnel, resumes, organizational chart, roles, licenses, and proposed management approach.

4. Relevant Experience Restaurant operations history, similar projects, hospitality/event experience, public-private or historic venue experience, performance results, and references.

5. Restaurant Concept Concept narrative, target market, menu philosophy, sample menu, pricing approach, service model, hours, event/service interface, and cultural alignment.

6. Operations Plan Staffing, training, customer service, reservations, POS/cash controls, procurement, quality control, safety, sanitation, waste, grease, pest, security, and maintenance plan.

7. Business and Financial

Plan

Startup budget, pro forma, cash flow assumptions, funding sources, financial statements or evidence of capacity, and risk mitigation.

8. Financial Proposal /

Term Sheet

Proposed rent/revenue model, term, renewal options, investment commitments, requested incentives, cost-sharing assumptions, and revenue to CRA.

9. Community Benefit

Plan

Local hiring, supplier participation, training, internships, community partnerships, accessible pricing, neighborhood outreach, and measurable commitments.

10. Marketing and

Activation Plan

Brand launch, grand opening, digital strategy, facility/event coordination, tourism/community outreach, and collaboration with McCollum Hall users.

11. Design / Fit-Out Plan Proposed FF&E, decor, equipment, signage, technology, layout needs, compatibility with historic character, and required CRA approvals.

12. Compliance Forms All required certifications, public records acknowledgment, E-Verify acknowledgment, insurance acknowledgment, conflict disclosure, references, and addenda acknowledgment.

2.14. Signage, Branding, and Historic Compatibility

All signage, exterior improvements, interior decor visible from public spaces, branding elements, lighting, and alterations must comply with CRA approval, applicable code, and historic preservation requirements.

2.15. Alcohol Service

Alcohol service is not guaranteed. If proposed, the respondent must obtain all required approvals, maintain liquor liability coverage, comply with all laws, implement responsible service training, and operate alcohol service as ancillary to the approved restaurant concept unless otherwise authorized.

2.16. Financial Proposal / Proposed Business Terms Form

Respondents shall complete the table below and provide a detailed narrative explaining the financial assumptions and business rationale.

Business Term Respondent Proposal

Proposed Agreement Type

Proposed Initial Term

Proposed Renewal Options

Proposed Monthly Base Rent

Proposed Percentage Rent or Revenue Share

Minimum Annual Guarantee, if any

Requested Rent Abatement or Ramp-Up Period, if any

Operator Capital Investment

Requested CRA Contribution, Tenant Allowance, or Cost

Share, if any

Utilities / Common Area / Maintenance Cost

Assumptions

Estimated Startup Budget

Projected Year 1 Gross Revenue

Projected Year 1 Operating Days and Hours

Financial Capacity Documentation Attached Yes / No

2.17. Useful Background Links for Respondents

Resource Link

McCollum Hall Project Website https://mccollumhall.com/ https://mccollumhall.com/

City of Fort Myers OpenGov Procurement Portal https://procurement.opengov.com/portal/cityftmyers

Fort Myers CRA Website https://fortmyerscra.com/

City of Fort Myers Procurement Services https://www.fortmyers.gov/1171/Procurement-

Services https://fortmyerscra.com/ https://www.fortmyers.gov/1171/Procurement-Services https://www.fortmyers.gov/1171/Procurement-Services

3. INSTRUCTIONS TO PROPOSERS

3.1. Procurement Information

Procurement Services is the official source for obtaining information regarding City/CRA solicitations. It is the responsibility of Respondent to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date. Information is updated as it becomes available. The City/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, Respondent agrees to be bound by the City’s Procurement

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

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

Code of Ordinances and Procurement Policy.

3.5. Solicitation Documents

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

Solicitations to access solicitation information. It is the responsibility of the Respondent to ensure correct registration information is provided. The City/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 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 exhibits are 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 Respondent

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

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

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

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

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

3.6.4. Respondent will review, understand, and factor into their bid/proposal all addenda and answers to questions that are submitted via the OpenGov portal. See "Questions and Addenda

Guidelines". All addenda and updates will be made available exclusively via OpenGov. NO

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

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

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

3.6.7. Respondent will notify the Procurement Services Department by email to procurementservices@fortmyers.gov and submit a question through the E-Procurement Q&A tab of any conflicts, errors, or discrepancies in the solicitation documents.

Response Timeline Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold. This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

3.6.8. The Agreement intended for award is part of the solicitation as an attachment. This draft contains standard legal language and may be modified. Material exceptions must be submitted before the question deadline. The City/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 City/CRA reserves the right to make modifications to the Agreement for specific projects before execution.

3.7. Cone of Silence

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

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

3.8. Submittal Guidelines

3.8.1. Official Submittal Portal

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

3.8.2. Judgment on Disclosure

City/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.

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

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

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

3.8.3.2. Responsibility for Timely Submittal

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

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

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

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

Respondent shall prepare their responses in a clear and concise manner, ensuring that all required content is complete. Special attention should be given to the specific information, instructions, and requirements outlined in the solicitation document to ensure responsiveness. Incomplete responses or those lacking key information may be rejected. To facilitate the review process, each section or tab of the response should be properly labeled to correspond with the solicitation requirements.

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

3.8.3.3. Proprietary Information

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

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

Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation. The City/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 Respondent's understanding of the services to be provided. Make a positive commitment to perform the work. Provide the names, titles, addresses, and telephone numbers of authorized representatives.

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

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

Required Documents

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

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

Include the corporate address and state of incorporation.

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

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

3.9. Questions and Addenda

3.9.1. Submittal of Questions

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

3.9.2. Authority of Addenda, Responses, and Revisions

Revisions to the solicitation and responses provided via the "Questions & Answers" feature are binding and shall be considered part of the solicitation. All information provided in this solicitation, including addenda and responses to questions, will be incorporated into the solicitation and any resulting Agreement. It is the responsibility of the Respondent to review all addenda, revisions, and published responses to questions.

Requests for interpretations must be submitted through the OpenGov portal. Failure to review and comply with the latest addenda or interpretations will not relieve the Respondent of their obligations under the solicitation or the resulting Agreement. No oral interpretations will be provided. All official interpretations will be issued as written addenda or response to a question and made available via OpenGov. The City/CRA is not responsible for the distribution of addenda or other solicitation-related information to Respondents who fails to register in

OpenGov.

3.9.3. Modification of Solicitation Documents

The City/CRA reserves the right to issue addenda to modify the solicitation documents as necessary. Respondents are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

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

3.10. Modification and Withdrawal of Submittals

3.10.1. Modifying or Withdrawing Submittals

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

3.10.2. Withdrawal Due to Material Mistake

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

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

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

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

3.11. Opening Submittals for Non-Construction

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

119.071(1)(b), Florida Statutes.

3.12. Reserved Rights

3.12.1. Request for Additional Information

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

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

• Evidence of financial resources and the ability to provide and maintain the required system and/or services. Additionally, the City/CRA may conduct investigations into the qualifications of any Respondent, 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 Respondent is not in the

City/CRA’s best interest, including cases where

• The Solicitation is not responsive.

• The Respondent is unqualified or has questionable financial ability.

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

City/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 Respondent. 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 Respondent’s submittal. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

3.14.2. Purchase Order

A Purchase Order (PO) will be issued by the City/CRA to the selected Respondent 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 Respondent shall execute the Services Agreement. Upon approval by the CRA Board, the Respondent must submit all required insurance documentation and any other required materials within fifteen (15) calendar days of receiving the fully executed Agreement. Failure to timely execute the Agreement and submit required documentation may result in termination of negotiations and commencement of negotiations with the next-ranked Respondent. Electronic signatures are accepted under the Florida Uniform

Electronic Transaction Act (F.S. 668.50).

3.17. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

3.18. Post Award Debriefing Process

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

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

• An overview of the solicitation requirements.

• The final overall ranking of all proposals.

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

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

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

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

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

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

4. INSURANCE

Insurance requirements applicable to this Solicitation are set forth in the herein and

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

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

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

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

Requirements Table is also attached to the solicitation.

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

4.1. Required Standard Insurance Coverages

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

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

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

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

4.2. Leasing / Renting

For lease holders during the term of the lease, coverage to include: 1) fire legal liability 2) liquor liability.

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

5. SPECIAL CONDITIONS

5.1. Local Preference

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

5.2. Minority Business Enterprise Program

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

(Ordinance No 38-122 thru 128): The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services. Minority Business Enterprise’s (MBE’s) are businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

The City's Minority Business Enterprise Policy applies to this solicitation and can be found at:

https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU_DIV2LOVEPR https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTVMIBUENPR https://www.fortmyers.gov/1511/Minority-Business-Enterprise-Program

6. GENERAL TERMS & CONDITIONS

6.1. Independent Proposal Affirmation

By submitting a Response, a Respondent warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

6.2. Legal Requirements

1. Compliance with Laws and Regulations

The Respondent 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.

2. Background Screening

The Respondent shall comply with all applicable requirements of Chapter 435, Florida Statutes, relating to background screening. The Respondent shall ensure that all employees, agents, Subconsultants, 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. Equal Employment Opportunity

The Respondent 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.

4. 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 Respondent is deemed a “Contractor” under section 119.0701, Florida

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