RFP_Fleet_GPS_(Addendum_#1_Revision).pdf

GEN 0027-24

RFP Fleet GPS

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

RFP Fleet GPS, GEN 0027-24

TABLE OF CONTENTS

I. Project Details II. Evaluation Criteria

III. Instructions to Respondents IV. General Conditions

V. Special Conditions VI. Insurance Requirements

VII. Local Vendor Preference

VIII. Minority Business Enterprise IX. Definitions

X. Vendor Submissions

1. Project Details

1.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic bid.

1.2. Minimum Qualifications of Respondents

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

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org).

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

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

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

Following the opening, Respondents that do not meet the Minimum Qualification Requirements as set forth in this solicitation will not be considered further. The awardee will be required to maintain the Minimum Qualification Requirements during the term of the Contract and any contract renewals.

1.3. Scope of Work

The City of Fort Myers is requesting submittals to provide turnkey operation for a G.P.S.

tracking system for 450 City Vehicles and Equipment.

SPECIFICATIONS

A. The vendor shall provide all items necessary for G.P.S. tracking service in accordance with the requirements and specifications stated on this scope of work.

B. Vendor G.P.S. tracking service should be capable of tracking various makes and models of vehicles and equipment including, but not limited to, Ford, GM, Chrysler, Peterbilt, https://procurement.opengov.com/signup

New Holland, John Deere, Caterpillar, Trailers, Generators, By-pass pumps and lawn mowing equipment.

C. Vendor shall provide G.P.S. tracking service for City Vehicle's and Equipment, with accuracy of location to a minimum of 15 feet from the actual locations of the un being tracked.

D. The system should provide real-time tracking, route optimization, maintenance alerts, and unit speed of travel. this data should be part of the historical data.

E. Vendor shall provide historical G.P.S. tracking data for each unit, for a minimum of three years. All data is to be stored in vendor provided database in compliance with regulations of state privacy laws and data security practices. Vendor shall allow The City authorized users access to historical data.

F. Vendor shall include proof of experience in implementing similar systems in other municipalities and provide references or case studies.

G. Vendor shall provide all training for City staff to fully implement the G.P.S. system to full capabilities. Vendor shall provide access to customer support services. Support services should be available to City staff during regular city working days Monday-Friday from

9:00 a.m. to 5:00 p.m.

H. Vendor shall adhere to industry standards and certifications.

I. The contract time shall be for 12 months with two optional one-year renewals.

J. Vendor shall provide pricing on per unit Monthly monitoring fee for each type of G.P.S.

tracker available through the provided service. Vendor shall provide activation fees, G.P.S. tracker equipment costs for each type of tracker available through the provided service and all additional pricing or fees that may accrue with the service being provided.

K. Please review Attachment M Cloud Vendor Questionnaire and provide answers to all questions.

2. Evaluation Criteria

1. Qualifications of Respondents

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

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

2. Responsiveness

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

3. Responsibility

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

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

4. Technical/Qualification Proposal

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

City Council will rank offers using a point ranking system (unless otherwise specified) to conduct the evaluation.

For this Solicitation, the criteria will be evaluated with:

Rating Definition and Criteria Points

Unacceptable The proposal demonstrates an approach which does not meet the requirements and objectives. This approach has multiple weaknesses.

and or multiple deficiencies with minimal strengths. Collectively, the disadvantages are likely to result in unsatisfactory performance. The solutions proposed are considered to reflect very high risk in that they lack any clarity or precision, are unsupported, or indicate a lack of understanding of the requirement.

Risk Level: Very High/Prohibitive

Marginal The proposal demonstrates an approach which may not meet all of the requirements of the solicitation. The proposal may feature some strengths, but there are more weaknesses in the approach, and it may contain a deficiency in one area. Any advantages in this approach are outweighed by disadvantages. Collectively, the advantages and disadvantages pose a significant risk that could cause the respondent to fail to perform satisfactorily.

Risk Level: High

Acceptable The proposal demonstrates an approach which is capable of meeting requirements and objectives. The approach has both strengths and weakness, but still no deficiencies. The proposal does provide both advantages, and disadvantages; however, the disadvantages do not outweigh the advantages, and the approach is expected to result in satisfactory performance. The solutions proposed are considered to reflect moderate risk. The proposal is clear, precise, supported, and demonstrates a general understanding of all the requirements.

Risk Level: Moderate

2-3

Good The proposal demonstrates a sound approach which is expected to exceed all requirements and objectives. The proposed approach includes multiple strengths, only a few minor weaknesses, and no deficiencies. The proposal provides, advantages, and few disadvantages which collectively can be expected to result in better than satisfactory performance. The solutions proposed are considered low risk. The proposal is clear and precise, supported, and demonstrates a clear understanding of the requirements.

Risk Level: Low

Outstanding The proposal has exceptional merit and reflects an excellent approach which should result in successfully exceeding all requirements and objectives. The proposed approach includes numerous strengths, and no weaknesses, or deficiencies. The solution proposed are low risk. The proposal is clear, and precise, fully supported, and demonstrates a complete understanding of the requirements.

Risk Level – Very Low

Double the points above if a 10-point scale, triple if 15, etc.

5. Best and Final Offers

The City may request best & final offers and will determine the scope and subject of any best & final request. The Respondent should not expect that the City will ask for best & finals. The

Respondent should submit their best offer based on the terms and conditions set forth in this

Solicitation.

6. Proposal Advisory Committee and Evaluation Process Initial Review of Responses

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

Advisory Committee

An Advisory Committee (hereinafter referred to as “the Committee”) consisting of at least three

(3) members will be established to review, discuss, and evaluate all responsive Proposals submitted in response to this Request for Proposals (RFP). The Committee may utilize City staff and/or consultants who are not members to advise and assist the Committee in its review of the Proposals.

Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this solicitation. Upon short listing by the Committee, only those Proposers short listed shall remain eligible for further evaluation and consideration by the Committee.

Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible

Proposers who submit Proposals determined to be acceptable of being selected for award.

Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to short listed Proposers. Discussions may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Proposer in connection with such interviews, presentations, or negotiations (i.e., travel, accommodations, etc.).

Optional Discussion

At the discretion and in the best interest of the City, the City or Committee may conduct discussions with Proposers (or the short-listed Proposers, as applicable) or seek revision of

Proposals from Proposers (or the short-listed Proposers, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Proposers (or short-listed

Proposers) will be accorded fair and equal treatment with respect to discussion and revision of the Proposals. Revisions may be permitted after submission of Proposals and prior to award of a

Contract for the purpose of obtaining best and final offers.

Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for Proposals without discussions or oral presentations. Therefore, each response to this RFP should contain the Proposer's best terms and conditions for consideration.

Scoring and Final Ranking

Each Advisory Committee member will evaluate the proposals based on the factors set forth in the Evaluation Criteria of the Solicitation and assign a score for each criterion ranging from zero

(0) points to the maximum points allowed for each rating criteria. The individual criteria scores will then be added to determine the total score. The maximum possible total score from the

Advisory Committee is one hundred (100), before the MBE and/or Local Preference is added.

In the event of a tie, the City’s Procurement Manager, or designee, may instruct the Advisory

Committee to conduct further deliberations, evaluations, and rescoring of the Respondents until a ranking, or total score, without a tie is achieved.

The Committee will evaluate and rank the responsive Proposers deemed acceptable to be selected (or the short-listed Respondents, as applicable) as set forth in the preceding section entitled “Evaluation Criteria”. In the event that the Committee previously elected to short list

Respondents, any rankings or scores assigned as part of the short listing process shall not be binding on the Committee or its members as part of final evaluation and Committee members may modify their scores for any and all Proposers and scoring categories as they deem appropriate in their sole discretion. The Committee shall submit the proposed rank order to the

Procurement Manager or designee after the conclusion of scheduled presentations, if any. Upon approval of the ranking by the Procurement Manager or designee, a notice of intended action shall be posted. The notice of intended action may be obtained by the Proposers as set forth in the section of this RFP titled “Request for Proposals Information”.

Authority to Award

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

Ordinance and Policy.

Reserved Right

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

Contract as a result of this solicitation process.

The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the

City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not be limited to, a background investigation conducted by the Fort

Myers Police Department.

7. Contract Negotiations and Acceptance

Respondent must be prepared for the City to accept the Submittal as presented. If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time, or negotiations do not result in an acceptable agreement, the City may reject the Submittal or revoke the award and may begin negotiations with the next highest

Respondent. Final contract terms must be approved or signed by the appropriately authorized

City official(s). No binding contract will exist between the Respondent and the City until the

City executes a written contract or purchase order.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience in Providing Similar

Services Points Based 10

(10% of Total)

2. Experience/Qualifications of Assigned

Personnel Points Based 10

(10% of Total)

3. System Capabilities Points Based 20 (20% of Total)

4. Project Implementation Points Based 20 (20% of Total)

5. System Maintenance and Support Points Based 10 (10% of Total)

6. Pricing Points Based 10 (10% of Total)

7. Compliance with Minority Business

Enterprise Policy (MBE)

• Certified Minority Business by the

State of Florida Office of Supplier

Diversity, located within Lee

County and registered with the city (10 pt) or

• Shows Proof Respondent applied for status and are awaiting confirmation (8 pts) or

• Partnering with a minimum of two

Minority Businesses that are certified by the State, located within Lee County and registered with the City (5 pts)

Points Based 15 (15% of Total)

8. Local Vendor Preference

• See completed Local Preference

Company Affidavit

• Qualified business located in City of Fort Myers (5 pts)

• Qualified business located in Lee

County (3 pts)

Points Based 5 (5% of Total)

3. Instructions to Respondents

REQUEST FOR INFORMATION

Procurement Services is the official source to obtain information relating to City of Fort Myers solicitations. It is incumbent on the Respondent to obtain solicitation and current award information prior to and after the scheduled opening date of a Solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date.

APPLICABLE LAW AND APPEALS

This Solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 38, Article III and Article IV of the City of Fort Myers’s Code of

Ordinances which may be accessed online at:

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38

FI_ARTIIIPU

or by contacting Procurement Services. Any appeal relating to this solicitation must be filed in accordance with the requirements of the City Code of Ordinances.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU

AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact Procurement Services, at 2200 Second Street, Fort Myers, FL 33901, cfmpurchasing@cityftmyers.com or 239 321-7232, no later than seven (7) days prior to the date on which the accommodation is requested.

The portal will keep all files locked until the solicitation officially closes. The time clock in

OpenGov shall be the “Official Time” that shall be used in identifying the actual closing time. Submittals will not be accepted after the date and time specified. Electronic submissions are the responsibility of the Respondent.

The City will not be responsible for the distribution of addenda and/or other information regarding this request if the Respondent did not register in the City’s

Bid Portal, in OpenGov. All addenda will be provided via OpenGov.

3.1. Introduction

To be entitled for consideration, electronic submittals shall be submitted in accordance with the instructions of this solicitation within the time stated.

The portal will keep all files locked until the Solicitation closes.

The City reserves the right to accept or reject any or all submittals and to waive minor irregularities and technicalities. The City’s decision in such matters is final.

3.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website https://www.cityftmyers.com/1171/Procurement-Services, follow the link to Active Solicitations to obtain solicitation information. Correct registration information is the responsibility of the supplier. The City will not be responsible for incorrect contact information.

1. Solicitation documents must be used in preparing submittals; the City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete Solicitation

Documents.

2. The City provides solicitation documents for the purpose of obtaining submissions.

3.3. Examination of Solicitation Documents

It is the responsibility of each Respondent, before submitting an offer to

1. Download solicitation documents from OpenGov. Documents from other sources are not guaranteed to be accurate.

2. Examine the Documents thoroughly; it is the respondents responsibility to understand the requirements and to request additional information (via questions in OpenGov) if needed.

3. Consider Federal, State, and Local Laws, ordinances, codes, and Regulations that may affect cost, progress, performance or furnishing of the Work.

mailto:cfmpurchasing@cityftmyers.com https://www.cityftmyers.com/1171/Procurement-Services

4. Study and carefully correlate Respondent’s observations with the Documents, and

5. Notify City of all conflicts, errors, or discrepancies in the Documents.

6. The Contract form that the City intends to use for the award is included with this solicitation as Exhibit “A” for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard Contract should be clearly indicated in the Vendor’s questionnaire and Respondent understands that such exceptions may affect the evaluation of the submittal. Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

6.1 – The City reserves the right to make minor modifications to this contract for each specific solicitations, prior to execution of the contract.

3.4. Interpretations and Addenda

1. All questions about the meaning or intent of the solicitation document are to be submitted through the OpenGov Portal. Only questions received prior to the date and time specified in the timeline will be considered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Any addenda issued electronically during the time of solicitation shall be included in the solicitation, and each will be incorporated in the subsequent contract.

All answers to questions of substance will be publicly published. Revisions within the solicitation as well questions posed through the “Questions & Answer” feature are authoritative and shall be considered an addendum to the solicitation. All information in this Solicitation, including that provided through the 'Question and Answer' feature are incorporated into the Solicitation or any

Contract resulting from this Solicitation. Participants are required to review all addenda, revisions, and answers to questions published.

No oral interpretations will be made to Respondents as to the meaning of submittal documents.

Requests for such interpretations are to be submitted through the OpenGov Portal. Failure on the part of the Respondent to do so shall not relieve them of the obligation to execute such work in accordance with the latest interpretation by the City. All interpretations made to the

Respondent shall be made in the form of addenda to the submittal documents and posted to

OpenGov. Respondents are strongly urged to attend the pre-submittal meeting.

2. Addenda may also be issued to modify the Solicitation Documents as required by the City.

3.5. Omission from the Solicitation

The apparent silence of any addendum regarding any details or the omission from the

Solicitation of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of this Solicitation shall be made upon the basis of this Contract.

3.6. Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation a Respondent agrees to be bound by the City Procurement Ordinance and

Policy in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

3.7. Submittal Preparation

1. Preparation

Prepare your Proposal in a clear and concise manner. Ensure that the content of your Proposal submittal is complete. Special attention should be given to the specific information, instructions and requirements of the Request for Proposals document to ensure responsiveness. Proposals that are incomplete or lack key information may be rejected. To help facilitate the review process, properly label each section or tab to correspond with your submittal information.

2. Incurred Expenses

The City is not responsible for any expenses which Respondents may incur in preparing and submitting Proposals including presentations or any other expenses incurred by the

Respondents.

3. Proprietary Information

3.1 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Request for Proposals and the responses are in the public domain after the intent to award notification or thirty (30) days after solicitation closing. Respondents are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law; provided, however, that nothing shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient. Failure to provide Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida

Statutes.

3.2 In addition to the Proposal submitted, a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal shall also provide a redacted copy of its

Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal identified on Attachment “E” as exempt from disclosure under an applicable law.

3.3 By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the

Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the

Respondent's designation of material as confidential or exempt from public disclosure. A

Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the

Respondent’s designation of material as confidential or exempt from public disclosure.

3.4 Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or Florida public records laws, including but not limited to filing a declaratory action.

3.5 All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

3.8. Submission Requirements

Respondents are responsible for uploading submittals directly into OpenGov.

Submit statements through the OpenGov portal at: https:// procurement.opengov.com/portal/cityftmyers Submittals shall be clearly marked with the

Respondent’s name, solicitation number, address, email, and telephone number and the name of the Procurement representative. The representative who is authorized, to bind the

Respondent to the submittal shall sign the qualification statement.

A submittal is timely only if received through the OpenGov portal no later than the precise date and time stated on the timeline. The official time used to determine such time, will be the time clock on the OpenGov portal. The portal will not accept submittals after the date and time set for closing.

1. A single PDF formatted doc ument signed by an authorized representative must be submitted via the OpenGov portal:

2. Title Page – Introduction

3. Provide the name of Respondent's firm, address, e-mail address, telephone number, name of contact person, date, and the subject: Solicitation Number and Title

4. Table of contents including page numbers, bookmarked by section.

5. Letter of Transmittal

A. Limit to two (2) pages.

B. Briefly state the Respondent’s understanding of the services to be provided and make a positive commitment to perform the work.

C. Provide the names of anyone who is authorized to represent the Respondent, their titles, addresses and telephone numbers.

6. Required Documents – (see Vendor Questionnaire)

7. Respondents by corporation must be executed in the corporate name by the President or

Vice-President (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

8. Respondents by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature.

9. Litigation History

The Respondent shall describe whether Respondent is involved in any litigation, currently or within the last seven (7) years. Respondent shall also describe whether they have any outstanding judgments pending against Respondent.

10. Bankruptcy

The Respondent shall provide information on any bankruptcy proceedings for the firm or the primaries in the last seven (7) years.

11. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Request for Proposals and the responses thereto are in the public domain and will be released upon notice of award or thirty (30) days from solicitation closing, whichever comes first. Respondents must specifically identify any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure to the public under applicable law, citing specifically the applicable exempting law;

provided, however, that nothing herein shall be deemed to preclude the full disclosure without redaction of any and all information submitted by Respondents to Committee members, advisors to the Committee, and City staff and officials administering this solicitation and evaluating the proposals. A generic notation that information is “confidential” is not sufficient.

Failure to provide Procurement Services with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Each Respondent must complete the “Confidential and/or Proprietary Information Section of the

Questionnaire”, included with this solicitation.

In addition to the Proposal submitted a Respondent asserting any exemptions from public disclosure regarding any portions of its Proposal shall also provide a redacted copy of its

Proposal in electronic format suitable for public disclosure, redacting only such portions of its proposal as exempt from disclosure under an applicable law.

By submitting a proposal, a Respondent acknowledges and agrees that should it designate any materials submitted to the City as confidential or exempt from public disclosure, the

Respondent will upon the request of City (at the City’s discretion) defend the City (and its employees, Committee members and advisors, agents, and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the

Respondent's designation of material as confidential or exempt from public disclosure. A

Respondent shall indemnify and hold harmless the City (and its employees, Committee members and advisors, agents and elected and appointed officials) from any and all claims, actions, suits, judgements, fines, costs, fees (including attorneys' fees), related to the

Respondent’s designation of material as confidential or exempt from public disclosure.

Nothing herein shall be deemed to preclude the City from exercising its own judgment regarding the disclosure of records and the City may take any action that the City in good faith believes is necessary for City to comply with federal and/or Florida public records laws, including but not limited to filing a declaratory action.

All Proposals received from Respondents in response to this Request for Proposals will become the property of the City of Fort Myers and will not be returned.

12. Electronic Pricing Form Instructions

Procurement Services has implemented an electronic e-procurement platform to streamline the solicitation process.

All responsive Respondents to this solicitation must submit electronic responses through

OpenGov. Except as provided in the "Americans with Disabilities Act," for people needing special accommodations, to be responsive proposals for all solicitation must be submitted electronically.

Paper responses will be deemed non-responsive.

12.1 Pricing Instructions (if applicable)

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

B. Unit prices for each item bid shall be shown (if applicable). A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail.

C. No additional charges, other than those listed on the price sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and travel charges.

3.9. Delivery of Submittal

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

1. Instructions for submitting a response

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

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

2. Proposal Binding

All submissions submitted shall be binding for one hundred eighty (180) calendar days following opening.

3. Late Submissions

Late Submissions will not be accepted. Respondents shall assume full responsibility for timely upload of the Proposals.

3.10. Conformance to Solicitation

All submittals shall meet and conform to all material, mandatory requirements set forth in this

Solicitation, provided that nothing shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

If a Respondent desires to submit an Offer which, if selected by the City, would require the City to waive, alter or omit a material, mandatory requirement set forth in this Solicitation, the

Respondent must first submit a request to the City asking the City to amend the requirements of this Solicitation in the same manner provided for the submission of written questions by

Respondents provided in the section of this Solicitation entitled “Interpretations and Addenda.”

If the City, in its discretion, agrees to amend, alter, or waive the requirement, the City shall issue notice to all prospective participants of the change in the form of a written addendum.

Any request to waive, alter, or amend a mandatory requirement of the Solicitation should be in the form of a written question that can be answered in an Addendum issued to all participants.

Please note, the City is not asking the participant to send in their submittal prior to the submission date, but merely to request a waiver or amendment to a mandatory requirement necessary to allow submission of the intended Proposal.

3.11. Modification and Withdrawal of Solicitations

1. Solicitations may be modified or withdrawn by through the Respondent’s account on

OpenGov any time prior to the opening of Solicitations.

2. If, within twenty-four hours after Solicitations are opened, any Respondent files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of

City that there was a material and substantial mistake in the preparation of its Solicitation, that

Respondent may withdraw its Solicitation and the Solicitation security will be returned. Thereafter, that Respondent will be disqualified from further submitting on the Work to be provided under the Contract Documents.

3.12. Closing Date & Time

It is the Respondent’s responsibility to ensure that submittals are electronically uploaded before the date and time described herein. Offers by telephone, email or hardcopy will NOT be accepted.

3.13. Opening Solicitations

Submittals will be publicly opened and announced by Procurement Services on the due date and time as specified[DF4] herein. The Respondent’s name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

1. Instructions to join the solicitation opening virtual meeting:

a. Select a method to join

b. Join the virtual meeting.

c. See Introduction Section for the Location and/or link to the virtual Proposal

Opening.

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

2. Provide live public comment

An opportunity to speak will be provided to all in attendance during the meeting. You will be called by the name, email or phone number listed. When called, unmute your device and state your name and address for the record.

3. In accordance with Florida Statues, Section 119(1)(b)2: Sealed Solicitations, submittals, or replies received by an agency pursuant to a competitive solicitation are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the Solicitations, submittals, or final replies, whichever is earlier.

3.14. Irrevocable Offer

The submission of a response shall constitute an irrevocable offer to the City by the Respondent for a period of one hundred twenty (120) days from the date of opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the submittal, but City may in its sole discretion, release any Solicitation.

3.15. Evaluation of Submittals

1. Initial Review of Responses: Procurement Services will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by the Procurement

Representative.

2. Procurement staff will send an overview to the Department Representative for further analysis of scope requirements and price analysis, if price is a factor.

3. Optional Discussion: At the discretion and in the best interest of the City, the City or

Committee may conduct discussions with Respondents (or the short-listed Respondents, as applicable) or seek revision of Submittals from Respondents (or the short-listed Respondents, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such

Respondents (or short-listed Respondents) will be accorded fair and equal treatment with respect to discussion and revision of the Submittals. Revisions may be permitted after submission and prior to award of a Contract for the purpose of obtaining best and final offers.

4. The Department Representative emails the Procurement Representative with their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. City Council authorizes final approval.

5. The City reserves the right to analyze the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Respondent prior to making an award.

6. City may conduct such research as City deems necessary to assist in the evaluation of any

Solicitation and to establish the responsibility, qualifications and financial ability of Respondents, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City’s satisfaction within the prescribed time.

7. Respondents will be evaluated by a selection committee of individuals appointed pursuant to the City’s policies and procedures (“Committee”). The Committee will review and evaluate the submittals. Following evaluation, the Committee will rank the short-listed Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Short-listing.

8. After this evaluation process, at the discretion of the Committee, Respondents may be asked to make presentations/interview before the Committee. Further written documentation may be required prior to the presentation, or as a result of the presentation. Failure to promptly supply information in connection with such inquiry, including but not limited to information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for determination of non-responsiveness with respect to the proposal. During the presentation, the

Respondent shall demonstrate its understanding of the project’s scope of work and shall discuss its approach to successfully completing the project.

9. Following the presentations/interviews, the Committee will rank the short-listed Respondents as set forth in the Evaluation Criteria section, the Evaluation Criteria for Final Ranking, and submit this information to the City Clerk’s Office in the form of a recommendation who will seek approval by the City Council of the ranking. Following and subject to City Council’s decision, the

Department Director or designee will enter into negotiations with the top-ranked Respondent with the intention of entering into a contract. If negotiations with the top-ranked Respondent are unsuccessful, then negotiations with this Respondent will be terminated and negotiations will begin with the next successively ranked Respondent until a successful contract is negotiated or the solicitation is terminated. Once a contract is negotiated, the Mayor and City Manager will execute the contract, or if required, seek approval from the City Council to enter into the contract prior to execution.

3.16. Reserved Rights

1. The City has the right to request additional information, after the closing date, from the

Respondents including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to best meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Respondent as it deems appropriate, including but not limited to, a background investigation.

2. The City reserves the right to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any or all submittals or waive any informality or technicality in submittals received.

3. The City reserves the right to reject any and all Solicitations, to waive any and all informalities and to negotiate contract terms with the Successful Respondent, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional responses. The City also reserves the right to reject the submission of any Respondent if it is in the best interest of the City, whether the Solicitation is not responsive, or the Respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by

City.

3.17. Protest Procedure

Any Respondent that has submitted a formal Offer to the City, and who is adversely affected by an intended decision with respect to the award of the formal Solicitation, shall file with the

City’s Procurement Manager a written notice of intent to file a protest no later than seventy-two

(72) hours (excluding Saturdays, Sundays, and City recognized Holidays) after posting of the

Solicitation tabulation, or if the Solicitation tabulation is not posted, not later than seventy-two

(72) hours (excluding Saturdays, Sundays and City recognized Holidays) after receipt of written notice from the City of the Intent to Award. The initial notice of intent to file a protest shall state the basis of the protest and clearly indicate its purpose is to serve as the initial notice of intent to file a Solicitation protest. Failure to clearly indicate its intent shall constitute a waiver of the right to seek any remedy provided under the Solicitation protest procedures.

For the purposes of computation, the initial notice of intent to file a protest shall be received by the Procurement Manager not later than four O’clock (4:00) P.M. on the third working day following the day of receipt of Notice of Intended Decision or the date of posting of Solicitation tabulation.

Any Respondent that has submitted a Solicitation to the City who is affected adversely by the intended decision with respect to Solicitation award, shall file a formal, written protest within five (5) calendar days after the date of filing of the initial notice of intent to file a protest. Upon filing of the Formal Written Protest, the Respondent shall post a bond, payable to the City in an amount equal to five percent (5%) of the total Solicitation or Ten Thousand Dollars ($10,000.00), whichever is less. Said bond shall be designated and held for the payment of any costs that may be levied against the protesting party by the City, as the result of a frivolous Protest. Said security shall be in the form of a cashier’s check on a national or state bank, money order, or a protest bond executed by the Respondent and a qualified Surety authorized to do business in the State of Florida, and acceptable to the City.

Failure to submit a cashier’s check on a national or state bank, money order or bond simultaneously with the Formal Written Protest shall invalidate the protest, at which time the

City may continue its procurement process as if the original “Notice of Intent to File a Protest” had never been filed.

The formal written protest shall contain the following:

1. City Solicitation number and title.

2. The name and address of the affected party, and the title or position of the person submitting the Solicitation protest.

3. A concise statement of the facts alleged and of the rules, regulations, statutes and constitutional provisions entitling the affected party of relief.

4. A statement indicating the relief to which the affected party deems themselves entitled.

5. Such other information as the affected party deems to be material to the issue.

6. A statement of disputed issues of material fact; and

7. Bond as required by this document.

Upon receipt of Notice of Protest, timely filed, the Procurement Manager shall hold the

Solicitation process or award of contract until the protest is resolved pursuant to fundamental principles of due process, except and unless the Dispute Committee makes a written determination that the award of a contract without delay is necessary to protect substantial interests in the City.

The Dispute Committee, shall, through the Procurement Manager meet with the protesting party within ten (10) working days (excluding Saturdays, Sundays and City recognized Holidays) of receipt of the formal written protest. The purpose of the meeting of the Dispute Committee, the Solicitation protestor and other affected parties is to provide an opportunity: (1) to review the basis of the Solicitation protest; (2) to evaluate the facts and merits of the Solicitation protest; (3) if possible, to reach a resolution of the Solicitation protest that is acceptable to the affected parties; and (4) if possible, to satisfy the Solicitation protestor to the extent that the

Solicitation protest might be withdrawn.

If, and in the event, the…