Unleaded_Gasoline_and_Diesel_Fuel_Supply_&_Delivery_(Addendum_#2_Revision).pdf

ITB 0059-24

Unleaded Gasoline and Diesel Fuel Supply & Delivery

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

Unleaded Gasoline and Diesel Fuel Supply & Delivery, ITB 0059-24

TABLE OF CONTENTS

I. INTRODUCTION

II. SCOPE OF WORK

III. INSTRUCTIONS TO RESPONDENTS

IV. GENERAL CONDITIONS

V. INSURANCE

VI. LOCAL PREFERENCE

VII. MINORITY BUSINESS ENTERPRISE PROGRAM

VIII. DEFINITIONS

IX. VENDOR SUBMISSIONS

X. SCHEDULE OF VALUES

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Respondents to provide unleaded gasoline and diesel fuel supply and delivery.

1.2. Background

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

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

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

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

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

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

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

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

1.3. OpenGov Portal

The City 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. Proposers are strongly encouraged to read the various vendor 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 shall not be responsible for an Offeror’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

1.4. Contact Information

Direct inquiries to the following:

Procurement Representative Name

Cathy Scott

Senior Procurement Specialist

2200 Second Street

Fort Myers, FL 33901

Email: cscott@cityftmyers.com

Phone: 239-321-7295

Department:

Finance - Purchasing

1.5. Timeline

Solicitation Release Date: July 22,2024

Question Deadline: August before August 5, 2024, at 3:00 p.m.

Solicitation Due by: August 12, 2024, at 2:00 p.m.

Proposed Council Approval Date: August 19, 2024

1.6. Pre-Submission Conference

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts Division and a technical representative from the using department will be present to discuss the solicitation. The date, time, and location can be found in the timeline.

1.7. Advertising

INVITATION TO BID

CITY OF FORT MYERS

ITB 0059-24 Unleaded Gasoline and Diesel Fuel Supply and Delivery

The City of Fort Myers is seeking submittals for ITB 0059-24 Unleaded Gasoline and Diesel Fuel

Supply and Delivery which will be uploaded electronically on or before August 12, 2024 at 2:00 p.m. 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: July 22, 2024

2. SCOPE OF WORK

2.1. Mandatory Minimum Qualifications

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.

2.2. Scope of Work

It is the intent of the City to contract with at least one or more contractors to provide unleaded gasoline and diesel fuel supply and delivery in Transport and Tank wagon quantities, on an as needed basis, to various City of Fort Myers locations and departments during general times of need.

It is further specified, the purpose of this invitation to bid to obtain fuel at competitive market rate through a conditional contract for the required materials with suppliers that have access to volumes of substantial petroleum products from nearby Ports via contractual allocations or direct ownership and have a proven stable business operation; including provisions for delivery capabilities and business continuity that will ensure prompt and convenient services.

Departments, Divisions, and Estimated Usage:

See below table for list of departments, divisions, and their estimated usage.

The below list is not intended to be inclusive of all departments or divisions. Additional departments and divisions may request services under this contract although not listed. Any additional department, division, equipment, or facility added for services during the term of this agreement will be handled in accordance with the conditions and prices of this agreement.

Exact quantities of required fuel cannot be determined at this time. Past fiscal year usage for the City is approximated in gallons as listed below. This amount is given for bidder’s guidance only. No minimum amount is guaranteed or implied. Department Division Address Number of

Tanks Type of Fuel Tank Capacity Estimated Annual

Department

Division Address No. of

Tanks Type of Fuel Tank

Capacity Estimated

Annual GL

Usage

Fleet Management 4200 Dr. MLK Jr. Blvd 2 Unleaded Gasoline 87 Octane 10,000 GL 170,000

Fleet Management 4201 Dr. MLK Jr. Blvd 1 Diesel-Undyed Ultra Low Sulphur

Grade No. 2 On-Road

10,000 GL 150,000

Police Department 2210 Widman Way 2 Unleaded Gasoline 87 Octane 6,000 GL 190,000

Fire Station No. 1 2033 Jackson Street 1 Unleaded Gasoline 87 Octane 1,000 GL 10,815

Fire Station No. 1 2033 Jackson Street 1 Diesel Fuel No. 2-D Ultra Low Sulfur 1,000 GL 8,737

Fire Station No. 1 2033 Jackson Street Generator Diesel Fuel No. 2-D Ultra Low Sulfur 1,000 GL 7

Fire Station No. 2 1035 Terry Street Generator Diesel Fuel No. 2-D Ultra Low Sulfur 400 GL 140

Fire Station No. 3 1915 Jefferson Street 1 Unleaded Gasoline 87 Octane 500 GL 1,954

Fire Station No. 3 1915 Jefferson Street 1 Diesel Fuel No. 2-D Ultra Low Sulfur 500 GL 2,957

Fire Station No. 4 4520 Cummins Court Generator Diesel Fuel No. 2-D Ultra Low Sulfur 70 GL 20

Fire Station No. 5 9700 Treeline Ave 1 Unleaded Gasoline 87 Octane 500 GL 640

Fire Station No. 5 9700 Treeline Ave 1 Diesel Fuel No. 2-D Ultra Low Sulfur 1,000 GL 3,859

Fire Station No. 5 9700 Treeline Ave Generator Diesel Fuel No. 2-D Ultra Low Sulfur 535 GL 281

Fire Station No. 6 4000 Veronica

Shoemaker Blvd 1 Unleaded Gasoline 87 Octane 300 GL 3,811

Fire Station No. 6 4000 Veronica

Shoemaker Blvd 1 Diesel Fuel No. 2-D Ultra Low Sulfur 700 GL 3,422

Fire Station No. 6 4000 Veronica

Shoemaker Blvd Generator Diesel Fuel No. 2-D Ultra Low Sulfur 600 GL 292

Fire Station No. 17 11000 Ben C. Pratt 1 Diesel Fuel No. 2-D Ultra Low Sulfur 500 GL 2,675

Fire Station No. 17 11000 Ben C. Pratt Generator Diesel Fuel No. 2-D Ultra Low Sulfur 300 GL 185

Central Wastewater plant 1501 Raleigh Street 2 Diesel off road Low Sulfur 18,000 GL 10,000

South Wastewater plant 1618 South Drive 2 Diesel off road Low Sulfur 10,000 GL 12,000

Water Treatment

Plant 2751 Jacksonville Street 1 Red Dye Grade No. 2 Ultra Low Sulfur 4,000 GL 3,000

Water Treatment

Plant 4101 Princeton Street 1 Red Dye Grade No. 2 Ultra Low Sulfur 1,000 GL 750

Water Treatment

Plant Well Field 10 Red Dye Grade No. 2 Ultra Low Sulfur 400 GL 3,000

(400 GL per generator)

Fort Myers Country

Club 3650 Cecil Johns Road 2 Unleaded gasoline (90 octane non ethanol) and dyed diesel 500 GL each Unleaded 4,500

Dyed Diesel 3,000

Eastwood Golf Course 4800 Vince Smith Drive 2 Unleaded gasoline (90 octane non ethanol) and dyed diesel 500 GL each Unleaded 5,000

Dyed Diesel 2,500

Provisions Pertaining to this ITB:

Orders: All orders will be placed directly to the successful bidder(s) by the City via a Purchase

Order. No stipulation will be accepted for minimum or maximum orders. Orders executed without a Purchase Order as subject to non-payment.

Pricing: Prices shall be based on the actual daily per gallon wholesale prices charged to the successful bidders at the appropriate fuel dept, plus a firm markup. Proof of daily wholesale prices charged to the successful bidders by product shall be affixed to invoicing documents.

Proof of price must specify the wholesaler, purchaser, fuel depot location, prices of each product, and effective dates of prices. The firm markup shall be inclusive of all labor, supervision, vendor’s profit, overhead, and supplies necessary for job completion. The firm markup shall not change during the term of the contract.

Delivery: All bids must indicate the lead time required for the established quantities to be delivered. Awarded Contractors will be held to delivery dates; both verbal and written. If the

Contractor is unable to complete the delivery as originally ordered by the City the Contractor must notify the City immediately. Failure to notify the City or multiple instances of late or incorrect deliveries shall be grounds for immediate termination of this contract with the responsible Contractor.

The fuel delivery shall include the performance of the supplier, or their agent, of placing the item delivered in the fuel tanks at the location designated with an authorized representative of the City. City personnel and/or equipment will not be supplied to handle or unload any items received by the City. Before unloading of fuel begins, Contractor personnel, with City personnel present, shall measure the receiving tank(s) and shall measure the tank(s) again after delivery.

Deliveries made to in-ground tanks shall include removal of any accumulated or standing water in spill containment buckets to prevent the water from entering the tank when opening the fill cap.

Deliveries shall be made with trucks owned by the successful bidders. Common carrier deliveries may be accepted with prior approval of authorized City personnel.

Deliveries may be requested to generators located at various field locations within the City. No stipulation will be accepted for minimum or maximum orders.

The City reserves the right to reject any or all materials delivered which, in its’ opinion, do not comply with all bid requirements. All materials so rejected shall be promptly removed and replaced by the Contractor at no cost to the City.

The Contractor shall notify the City of any situation that may be deemed unsafe to receive delivery.

Invoicing: The City will pay invoices according to how the product is ordered (i.e. if ordering transport quantities, the City will pay the transport price regardless of how the delivery is made).

Delivery location, date, products, the net quantity, cost of each product, and City purchase order number shall be itemized on all invoices. Federal, State, and local applicable taxes shall be itemized separately.

The City will only pay for the exact net quantity of metered product delivered to the tank. A meter ticket or bill of lading shall be required for each delivery.

A separate invoice must be submitted for each delivery and include signature of authorized City personnel receiving delivery.

Spill Prevention & Response Plan: All Contractors shall have an established, ongoing, fuel spill prevention plan and procedure to follow in the event there is an accidental fuel spill. A copy of this plan must be provided 19 Revised: 12/14/2020 20 as part of the Contractor’s submission to this ITB. Tanks shall only be filled to 90% of their capacity and no City employee may authorize an overfill. In the case of a spill or overfill, the Contractor’s employee shall immediately notify the appropriate City contact. A written report of the incident must be provided by the

Contractor to the appropriate City personnel within 48 hours of incident occurrence. The cost of site cleanup is the responsibility of the awarded vendor. Prior to release of any payments, a final inspection by the Department of Environmental Protection or equivalent official government agency will be required. Bids submitted without a Spill Prevention &

Response Plan will not be considered for contract award and firm will be listed as non-responsive.

Award: The general criteria that will be used for the evaluation of this bid is set forth in the general request for bid requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the lowest, qualified, and responsive bidder(s) that has/have adequate refueling assets, acceptable Emergency Response Plan, and meet(s) all other requirements of these specifications. The City shall be the sole judge as to which bids are acceptable. The City reserves the right to award this contract through an approach which best serves the interests of the City, i.e., to a single vendor, multiple vendors, or on a primary/secondary vendor basis.

The City reserves the right to use the next lowest bidder in the event the original awardee of the bid cannot fulfill their Purchase Order. The next lowest bidder prices must remain the same as originally bid and must remain firm for the duration of the contract.

All current OSHA safety standards shall be enforced. The Contractor shall ensure that their employees are equipped with proper safety items. The Contractor shall be responsible for the supervision and direction of the work performed by their employees. The Contractor shall be responsible for instructing their employees in all safety measures. All equipment used by the

Contractor shall be maintained in safe operating condition and be free from defects or wear that may in any way constitute a hazard to any person or persons on City property.

The awarded Contractor is responsible for completing, providing to City, and maintaining record of any State, local, departmental, or equivalent agency required documentation pertaining to services rendered and products supplied.

Contract Term: The performance period for this contract is for five (5) years with an option to renew for two (2) additional one (1) year periods to be exercised at the sole discretion of the

City of Fort Myers at the same terms and conditions of the base year. Subject to fund available with each of the City's fiscal year periods.

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.

AMERICANS WITH DISABILITIES ACT

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

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.

A. 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.

B. 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

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

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

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

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

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

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

F. The Contract form that the City intends to use for the award is included as an attachment with this solicitation 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.

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

3.4. Interpretations and Addenda

A. 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 is 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.

B. 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

A. Preparation

Prepare your response in a clear and concise manner. Ensure that the content of your submittal is complete. Special attention should be given to the specific information, instructions and requirements of the Solicitation document to ensure responsiveness.

Responses 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.

B. 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.

C. Proprietary Information

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 Solicitation 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 response detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire response being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

2. In addition to the response submitted, a Respondent asserting any exemptions from public disclosure regarding any portions of its response 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.

3. By submitting a response, 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.

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.

5. All submittals received from Respondents in response to this Solicitation will become the property of the City of Fort Myers and will not be returned.

3.8. Submission Requirements (ITB)

Respondents are responsible for uploading submittals directly into OpenGov.

Submit statements through the OpenGov portal at:

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

A. Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in section titled "Mandatory Minimum Qualifications," have been met. Documentation must be clear and specific.

B. Required Documents – (see Vendor Submission section)

C. 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.

D. 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.

E. 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.

F. Bankruptcy

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

G. 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.

H. 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 submittals/responses through OpenGov. Paper responses will be deemed non-responsive.

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.

A. Instructions for submitting a response

1. 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.

B. Proposal Binding

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

C. Late Submissions

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

3.10. Conformance to Solicitation

A. 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

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

OpenGov any time prior to the opening of Solicitations.

B. 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

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

A. Instructions to join the solicitation opening virtual meeting:

1. Select a method to join

2. Join the virtual meeting.

3. 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.

B. 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.

C. 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.

All non-construction related submittals will be opened privately and results posted in accordance with F.S.119.07(1) and s. 24(a), Art. I of the State Constitution.

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 (ITB)

A. 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, proper question answer verification, professional licensing, references, and other relevant criteria. If included MBE and local preference will also be reviewed by Procurement Services staff.

B. Procurement staff will send an overview to the Department Representative for further analysis for scope requirements and price analysis.

C. Optional Discussion: At the discretion and in the best interest of the City, the City may conduct discussions with Respondents to clarify their response.

D. The Department Representative emails the Procurement Representative their recommendation, in which a Notice of Intent to Award is based. This is not a guarantee of contract. Final approval is authorized by the City Council.

E. 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.

F. 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.

3.16. Reserved Rights

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

Respondent including but not limited to, information it deems necessary to evaluate, clarify, or substantiate any area contained in each submittal and to more fully 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 conducted by the

Fort Myers Police Department.

B. 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.

C. 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. Also, City reserves the right to reject the submission of any Respondent if

City believes that it would not be in the best interest of the City to make an award to that Respondent, 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:

A. City Solicitation number and title.

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

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

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

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

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

G. 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 dispute cannot be resolved by mutual Contract, and there are disputed issues of material facts, the Dispute Committee shall refer the Solicitation and protest to the

City Council Members with a recommendation for resolution of the protest.

If the Council decision upholds the recommendation by the Dispute Committee regarding the award, and further finds that the Protest was either frivolous and/or lacked merit, the Council at its discretion, may assess costs, charges, or damages associated with any delay of the award, or any costs incurred with regard to the Protest. These costs, charges or damages may be deducted from the security (bond, cashier’s check on a national or state bank, money order) provided by the protestor. Any costs, charges or damages assessed by the City, in excess of the security, shall be paid by the protestor within thirty (30) calendar days of the Council’s final determination concerning the award.

“FAILURE TO FOLLOW THE PROTEST PROCEDURES REQUIREMENTS WITHIN THE TIME

FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE CITY, SHALL CONSTITUTE A WAIVER

OF YOUR PROTEST AND ANY RESULTING CLAIMS”

3.18. Award of Contract

A. Purchase Order

The purchase order provided by the City, to the selected Respondent within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this Solicitation and any addenda thereto, the

Respondent’s submittal, and established purchase order. If a contract is established, this will also become an official part of the contract. The contract shall be governed by

Lee County, Florida and interpreted, construed, and given effect in all respects according to the laws of the State of Florida.

B. Formal Award

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

Procurement Code, Chapter 23, Article 3 of the City of Fort Myers’s Code of

Ordinances.

2. For Invitations to Bid, if none of the above apply, A contract will be awarded to the responsive and responsible Respondent with the lowest overall cost, including any alternates, if applicable.

C. Multiple Awards.

The City reserves the right, in its sole discretion, after evaluation of all responsive submittals, to award the work described herein to more than one responsive and responsible Respondent. In such cases where an award is made to more than one responsive and responsible Respondent, the City shall apportion the work among the various providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers.

D. Term

The City intends to negotiate a contract for an initial term with the option to renew upon mutual consent of both parties. The length of the contract will be contingent upon the

Respondent’s submittal and financial investment and shall be negotiated between the

City and the successful Respondent.

E. Indemnification

The Respondent shall indemnify, hold harmless, and defend the City, and their respective City Council, Mayor, City Manager, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at any time by made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Respondent, or anyone performing any act required of the Respondent in connection with performance of any contract awarded pursuant to this Solicitation.

The Respondent shall indemnify and hold harmless, and defend the City, and their respective City Council,…