Unleaded_Gasoline_and_Diesel_Fuel_Supply_&_Delivery_(Addendum_#4_Revision).pdf

25-057-ITB

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, 25-057-ITB

TABLE OF CONTENTS

1. INTRODUCTION

2. ADVERTISEMENT & TIMELINE

3. PROJECT DETAILS / SCOPE OF WORK

4. INSTRUCTIONS TO CONTRACTORS

5. GENERAL CONDITIONS

6. INSURANCE

7. DEFINITIONS

8. CONTRACTOR SUBMISSION QUESTIONNAIRE

9. SCHEDULE OF VALUES

10. DRAFT CONTRACT (SERVICE, NON-CCNA)

1. INTRODUCTION

1.1. Summary

The City of Fort Myers (City) requests submittals from interested and qualified Contractors 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. Contractors are strongly encouraged to read the various

Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City shall not be responsible for a

Contractor’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@fortmyers.gov

Phone: 239-321-725

Requesting Department:

Procurement

2. ADVERTISEMENT & TIMELINE

INVITATION TO BID

25-057-ITB Unleaded Gasoline and Diesel Fuel Supply and Delivery

The City of Fort Myers is seeking submittals for 25-057-ITB Unleaded Gasoline and Diesel

Fuel Supply and Delivery which will be uploaded electronically on or before May 27, 2025, 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: May 5, 2025

TIMELINE

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

Solicitation Advertise & Release Date: May 6, 2025

Question Submission Deadline: May 23, 2025, 2:00pm

Submission Deadline: June 12, 2025, 2:00pm

Proposed City Council Approval Date: June 16, 2025

3. PROJECT DETAILS / SCOPE OF WORK

3.1. Mandatory Minimum Qualifications

1. The Contractor(s) shall hold any necessary license’s authorizing them to do business in the

State of Florida.

2. Contractor(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years.

3. Neither Contractor 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.

4. Contractors are required to inform the City of any relevant legal or ethical issues. Specifically, they need to disclose:

• Judgments: Any court decisions against them.

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

• Criminal Activities: Any criminal conduct, especially if it involves moral turpitude

(actions that are morally reprehensible).

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

To demonstrate qualifications to perform the Work, each Contractor must be prepared to submit within five (5) days of City’s request written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for. Each Solicitation must contain evidence of the Contractor’s qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

The awardee will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the

Contract and any contract renewals.

3.2. Scope of Services

Contractor, hereby agrees to provide and perform the Scope of Services required and necessary to complete the work as set forth below:

The City of Fort Myers is seeking to contract with qualified vendors to provide unleaded gasoline and diesel fuel, with deliveries in Transport and Tank Wagon quantities as required by various

City departments and locations during periods of demand. This ITB aims to secure fuel supplies at competitive market rates through a conditional contract with suppliers who maintain substantial petroleum volumes sourced from nearby ports, either through contractual allocations or direct ownership, and who demonstrate a strong record of operational stability.

Selected Contractors must have delivery capabilities and robust business continuity plans to ensure prompt and reliable service.

Key Requirements:

1. Fuel Quality: Only high-quality motor fuel is acceptable. The City will reject any contaminated or degraded fuel.

2. Specifications: All fuel must meet State of Florida specifications, accessible at the

State of Florida Fuel Specifications or any updated state guidelines. Non-approved additives are prohibited, and octane ratings must be derived solely from the refinery process, without post-refinery octane boosters.

3. Documentation: Suppliers must provide Certificates of Analysis, certifying compliance with specified product standards, upon request.

For information regarding departments, divisions, and estimated annual usage, refer to

ATTACHMENT V. Note that this list may expand to cover additional departments or facilities under the same contract terms and conditions. The quantities provided are historical data and do not imply any minimum purchase requirements.

Order Process

• Orders will be initiated by the City through a Purchase Order; orders without a Purchase

Order will not be paid.

• Fuel pricing will be based on the daily Oil Price Information Service (OPIS) report for the

Tampa port (10:00 a.m.), specifically for Unleaded 87 Octane and #2 Ultra Low Sulfur

Diesel Clear and Dyed. Applicable prices will correspond to the delivery date, not the invoice date.

Invoices should itemize the wholesaler, purchaser, fuel depot location, and prices with effective dates. The firm markup agreed upon will remain fixed for the contract term, encompassing labor, supervision, vendor profit, overhead, and necessary supplies.

4. INSTRUCTIONS TO CONTRACTORS

PROCUREMENT INFORMATION

Procurement Services is the official source for obtaining information regarding City of Fort Myers solicitations. It is the responsibility of Consultants/Contractors to monitor and obtain solicitation updates and current award information both prior to and after the scheduled opening date.

Information is updated as it becomes available. The City reserves the right to issue an award or a recommendation of award at any time following the scheduled solicitation opening date.

APPLICABLE LAW AND APPEALS

This solicitation is issued in accordance with, and governed by, the provisions and procedures outlined in Chapter 38, Articles III and IV of the City of Fort Myers Code of Ordinances. These provisions can be accessed online at:

City of Fort Myers Code of Ordinances - Procurement

Alternatively, contact Procurement Services for further assistance.

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

Code of Ordinances and procurement policies.

AMERICANS WITH DISABILITIES ACT

Persons with disabilities requiring special accommodations to participate in this solicitation process should contact Procurement Services at least seven (7) days before the required accommodation.

Contact Information:

Procurement Services

2200 Second Street, Fort Myers, FL 33901

Email: ProcurementServices@fortmyers.gov

Phone: (239) 321-7240

SOLICITATION SUBMISSION GUIDELINES

1. Official Submission Portal:

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

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

2. Official Time:

The time clock in OpenGov will serve as the “Official Time” for determining the actual closing time of the solicitation. Submissions received after the specified date and time will not be accepted.

3. Consultant/Contractor Responsibilities:

o Consultants/Contractors are solely responsible for ensuring timely electronic submissions.

https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU o The City is not responsible for the distribution of addenda or other solicitation-related information to Consultants/Contractors who fail to register in OpenGov.

4. Addenda Distribution:

All addenda and updates will be made available exclusively via OpenGov.

Consultants/Contractors are advised to regularly check the portal for any updates related to this solicitation.

4.1. Introduction

To be considered, electronic submissions must be completed in accordance with the instructions outlined in this solicitation and submitted within the specified timeframe. The portal will keep all files locked until the solicitation officially closes.

The City reserves the right to accept or reject any or all submissions and to waive minor irregularities or technicalities, as deemed in the best interest of the City. All decisions made by the City regarding these matters shall be final and binding.

4.2. Solicitation Documents

Visit the City of Fort Myers Procurement Services Website and follow the link to Active

Solicitations to access solicitation information. It is the responsibility of the

Consultant/Contractor to ensure correct registration information is provided. The City is not liable for any issues arising from incorrect or incomplete contact information.

1. Use of Official Solicitation Documents:

All submittals must be prepared using the solicitation documents provided by the City.

The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or unofficial solicitation documents.

2. Purpose of Solicitation Documents:

Solicitation documents are provided solely to facilitate the preparation and submission of responses.

3. Right to Cancel:

The City reserves the right to cancel any solicitation at any time without obligation.

4.3. Responsibilities of the Consultant/Contractor

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

1. Download Official Solicitation Documents:

o Obtain solicitation documents exclusively from OpenGov. Documents sourced from other platforms or sources are not guaranteed to be accurate.

2. Thoroughly Review Documents:

o Examine all solicitation documents to fully understand the requirements. If additional clarification is needed, submit questions through the OpenGov Q&A module.

https://www.cityftmyers.com/1171/Procurement-Services

3. Consider Applicable Laws and Regulations:

o Evaluate all Federal, State, and Local laws, ordinances, codes, and regulations that could impact the cost, progress, performance, or execution of the work.

4. Correlate Observations with Documents:

o Study and carefully align observations with the solicitation documents to ensure consistency.

5. Report Conflicts or Discrepancies:

o Notify the City of any conflicts, errors, or discrepancies in the solicitation documents by submitting a question through the E-Procurement Q&A module.

▪ Response Timeline: Questions related to document format or processes will be addressed within two (2) business days or the solicitation may be placed on hold.

▪ This timeline does not apply to project-specific questions that require input from project managers or subject matter experts.

6. Review the Draft Contract:

o The draft contract intended for award is included with this solicitation for reference.

▪ This draft contains standard legal language and is not typically modified, except for formatting and enumeration.

▪ Any exceptions to the standard contract should be submitted as a question in the

Q&A module before the question deadline. If the question deadline has passed, exceptions should be clearly noted in the Consultant/Contractor's questionnaire.

▪ Note: Exceptions to the draft contract may impact the evaluation of the submittal.

7. City's Right to Modify Contract:

o The City reserves the right to make modifications to the draft contract for specific solicitations before execution.

4.4. Questions and Addenda Guidelines

1. Submission of Questions:

o All questions regarding the meaning or intent of the solicitation documents must be submitted through the OpenGov Portal.

o Only questions received before the deadline specified in the solicitation timeline will be considered.

o Responses to questions will only be binding if provided in writing via addenda or the

"Questions & Answers" feature in OpenGov. Oral or other informal interpretations or clarifications will have no legal effect.

o Any addenda issued electronically during the solicitation period shall become part of the solicitation and will be incorporated into the resulting contract.

2. Response Timeframes:

o Answers to questions of substance will be publicly published in the OpenGov Portal.

o Responses to document format or process-related questions will be issued within two (2) business days of receipt, or the solicitation will be placed on hold.

o The two-day response window does not apply to project-specific questions that require input from project managers or Consultant/Contractors.

3. Authority of Addenda and Revisions:

o Revisions to the solicitation and responses provided via the "Questions & Answers" feature are authoritative and shall be considered addenda to the solicitation.

o All information provided in this solicitation, including addenda and answers to questions, will be incorporated into the solicitation and any resulting contract.

o It is the responsibility of the Consultant/Contractor to review all addenda, revisions, and published answers to questions.

o Requests for interpretations must be submitted through the OpenGov Portal. Failure to review and comply with the latest addenda or interpretations will not relieve the

Consultant/Contractor from their obligations under the solicitation or resulting contract.

o No oral interpretations will be provided. All official interpretations will be issued as written addenda and made available via OpenGov.

4. Modification of Solicitation Documents:

o The City reserves the right to issue addenda to modify the solicitation documents as necessary.

o Consultant/Contractors are strongly encouraged to attend any pre-submittal meetings to gain clarity on the solicitation requirements.

4.5. Interpretation of Solicitation and Addenda

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

4.6. Incorporation of Procurement Ordinance and Policy

The City’s Procurement Ordinance and Policy are hereby incorporated by reference into this solicitation and any contract awarded as a result of this solicitation. By participating in this solicitation, Consultants/Contractors agree to be bound by the City’s Procurement Ordinance and Policy in all matters related to this solicitation and any subsequent contract.

4.7. Local Preference

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

4.8. Minority Business Enterprise Program

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

Ordinance No 3126: The City has established an MBE Ordinance for expenditures of construction, services, goods, and other services. Minority Business Enterprise’s (MBE’s) are businesses who are certified by the State of Florida Office of Supplier Diversity and whose principal place of business is located within the boundaries of Lee County.

The City's Minority Business Enterprise Policy can be found at:

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

4.9. Submittal Preparation

1. Preparation of Response

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

2. Incurred Expenses

The City of Fort Myers is not responsible for any expenses incurred by Consultants/Contractors in the preparation and submission of their proposals, including costs associated with presentations or other activities related to the solicitation process.

3. Proprietary Information

1 Public Records Law

In accordance with Chapter 119, Florida Statutes (Public Records Law), and unless otherwise provided by applicable State or Federal Law, all solicitation documents and responses are considered public records, see F.S. 119.071(1)(b)2.

Consultants/Contractors must specifically identify any information in their proposals https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPAADCO_CH38FI_ARTIIIPU_DIV2LOVEPR https://www.cityftmyers.com/1511/Minority-Business-Enterprise-Program considered confidential or proprietary and provide the applicable legal exemption for nondisclosure. Generic designations such as “confidential” are insufficient.

Failure to provide Procurement Services with a detailed explanation, including statutory citations and references to specific sections of the response, may result in the entire response being disclosed in accordance with Chapter 119 of the Florida Statutes.

2 Redacted Copy Requirement

If a Consultant/Contractor asserts exemptions from public disclosure for any portion of its response, it must provide:

o A redacted copy of its proposal in an electronic format suitable for public disclosure.

o Only the portions exempt under applicable law should be redacted, with the exemption clearly identified.

3 City’s Judgment on Disclosure

The City reserves the right to exercise its own judgment regarding the disclosure of records. The City may take any actions it deems necessary, including filing a declaratory action, to comply with Federal or Florida public records laws.

4 Ownership of Submittals

All submittals received in response to this solicitation will become the property of the City of Fort Myers and will not be returned to the Consultant/Contractor.

4.10. Submission Requirements (ITB)

Submission Requirements and Instructions

Consultants/Contractors are responsible for uploading their submittals directly into the OpenGov portal:

OpenGov Submission Portal

• The representative authorized to bind the Consultant/Contractor to the submittal must sign the qualification statement.

• A submittal is considered timely only if received through the OpenGov portal by the precise date and time stated in the solicitation timeline. The OpenGov portal time clock serves as the official time for determining timeliness. Submittals will not be accepted after the deadline.

1. Mandatory Minimum Qualification Documentation

Consultants/Contractors must provide clear and specific documentation to verify that all mandatory minimum qualifications, as outlined in the section titled "Mandatory Minimum

Qualifications," have been met.

2. Required Documents

See the "Consultant/Contractor Submission" section for a detailed list of required documents.

3. Corporate Submittals

• Must be executed in the corporate name by the President, Vice-President, or another corporate officer with evidence of signing authority.

• The corporate seal must be affixed and attested by the Secretary or Assistant Secretary.

• The corporate address and state of incorporation must be included below the signature.

4. Partnership Submittals

• Must be executed in the partnership name and signed by a partner.

• The title of the signing partner must appear under the signature, and the official address of the partnership must be included below the signature.

5. Litigation History

Consultants/Contractors must disclose whether they are involved in any current litigation or have any outstanding judgments. Include relevant details in the submittal.

6. Proprietary Information

1 Public Records and Confidentiality

In accordance with Chapter 119 of the Florida Statutes (Public Records

Law) and unless otherwise exempt by applicable law:

▪ Solicitation documents and responses are public records and will be made available upon notice of award or 30 days after the solicitation closing date, whichever occurs first.

▪ Consultants/Contractors must clearly identify any information in their responses they consider confidential or proprietary, citing the specific legal exemption.

Generic notations such as "confidential" are not sufficient.

Failure to provide a detailed explanation with statutory citations may result in the entire response being subject to disclosure under Chapter 119.

2 Redacted Copy Requirement

▪ Provide a redacted copy of your submittal, suitable for public disclosure, in electronic format. Redact only information exempt under applicable law and include the exemption citation.

3 City’s Judgment on Disclosure

The City reserves the right to exercise its judgment regarding the disclosure of records and may take any necessary actions to comply with federal or state public records laws.

4 Ownership of Submittals

All submittals received in response to this solicitation become the property of the

City of Fort Myers and will not be returned.

7. Electronic Pricing Form Instructions

All submittals must be completed through the OpenGov e-procurement platform. Paper responses will be deemed non-responsive, except as provided under the Americans with

Disabilities Act.

1 Pricing Instructions:

1 Submission Process:

• Log into your OpenGov account, navigate to the relevant solicitation, click

“Draft Response,” complete the requested information, upload required attachments, and submit.

2 Unit and Extended Prices:

• Enter unit prices for each item, if applicable. In case of discrepancies between unit prices and extended prices, the unit prices will prevail.

3 Inclusive Pricing:

• Prices quoted must include all associated costs such as shipping, delivery, unpacking, setup, installation, testing, cleanup, training, and travel. No additional charges beyond those listed on the price sheets will be accepted.

4.11. Submittal Requirements

Except as provided under the Americans with Disabilities Act for individuals requiring special accommodations, all proposals for this solicitation must be submitted electronically.

Paper responses will be deemed non-responsive.

1. Instructions for Uploading Submissions

1 Submission Process:

o Log into your OpenGov account and navigate to the solicitation for which you wish to submit a response.

o Click on “Draft Response”, complete the required information, upload your submission along with all required attachments, and submit your response.

2 Responsibility for Timely Submission:

o Consultants/Contractors are solely responsible for ensuring their submittals are complete, uploaded, and submitted via the e-Procurement Portal before the specified due date and time.

o The City is not responsible for any delays or failures in submission caused by any occurrence.

2. Binding Submissions

All submissions shall remain binding for a period of one hundred eighty (180) calendar days following the opening date.

3. Late Submissions

Late submissions will not be accepted under any circumstances. Consultants/Contractors assume full responsibility for the timely upload of their responses.

4.12. Conformance to Solicitation

1. Compliance with Mandatory Requirements

All submissions must conform to the material and mandatory requirements outlined in this

Solicitation. However, the City reserves the right to waive minor irregularities at its discretion without prior notice or the issuance of a written addendum.

If a Consultant/Contractor wishes to submit an Offer that would require the City to waive, alter, or omit a material or mandatory requirement, the Consultant/Contractor must first submit a written request to the City to amend the Solicitation. Such requests must follow the process outlined in the “Interpretations and Addenda” section of this Solicitation.

If the City agrees, at its sole discretion, to amend, alter, or waive the requirement, the City will issue a written addendum to notify all prospective participants of the change.

2. Submitting Requests for Waivers or Amendments

Requests to waive, alter, or amend a mandatory requirement must be submitted as a written question that can be addressed in an addendum issued to all participants.

Important Note:

This process does not require participants to submit their complete Proposal prior to the due date. Instead, it is a mechanism for requesting a waiver or amendment to a mandatory requirement that is necessary to enable submission of the intended Proposal.

4.13. Modification and Withdrawal of Submissions

1. Modifying or Withdrawing Submissions

Submissions may be modified or withdrawn by Consultants/Contractors through their account on OpenGov at any time before the opening of the Solicitations.

2. Withdrawal Due to Material Mistake

If, within twenty-four (24) hours after Submissions are opened, a Consultant/Contractor files a duly signed written notice with the City and promptly demonstrates to the City’s reasonable satisfaction that a material and substantial mistake occurred in the preparation of its

Submission, the Consultant/Contractor may withdraw its Submission.

In such cases:

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

• The Consultant/Contractor will thereafter be disqualified from further participation in the

Work to be provided under the Contract.

4.14. Submission Responsibility

It is the sole responsibility of the Consultant/Contractor to ensure that submissions are electronically uploaded through the designated portal before the specified date and time.

Submissions by telephone, email, or hard copy will not be accepted under any circumstances.

4.15. Opening Submissions

Construction-Related Submittals:

Construction-related submittals will be publicly opened and announced by Procurement Services on the due date and time specified in the Solicitation. During the opening, the

Consultant/Contractor’s name and verification of bond submittal, if applicable, will be announced aloud.

1. Instructions to Join the Solicitation Opening Virtual Meeting:

1 Select a Method to Join:

o Choose the preferred method provided in the Solicitation document.

2 Join the Virtual Meeting:

o Use the link or access details provided in the Introduction Section to join the virtual Proposal Opening session.

Note:

• Sessions will be recorded.

• To ensure a smooth process, participants are asked to turn off their cameras and mute their microphones before joining the meeting.

2. Opportunity to Speak:

• Attendees will be given an opportunity to speak during the meeting.

• When called by the name, email, or phone number listed in the attendance log, unmute your device and state your name and address for the record.

Non-Construction-Related Submittals:

Non-construction-related submittals will be opened privately. Results will be posted in accordance with Florida Statute 119.07(1) and Article I, Section 24(a) of the Florida

State Constitution.

4.16. Irrevocable Offer

By submitting a response to this Solicitation, the Consultant/Contractor agrees that their submission constitutes an irrevocable offer to the City of Fort Myers after the opening date. This offer shall remain valid for a period of one hundred eighty (180) calendar days from the date of the opening. The Consultant/Contractor agrees to provide the goods and services described in this Solicitation under the terms, conditions, and pricing outlined in their submission.

The City, at its sole discretion, reserves the right to release any submission from this commitment during the validity period.

4.17. Evaluation and Award Process (ITB)

Initial Review of Submissions:

1. Procurement Services will conduct an initial review of all submittals to ensure preliminary qualification and compliance with documentation requirements. This review may include, but is not limited to:

o Verification of answers to required questions.

o Confirmation of professional licensing.

o Evaluation of references.

o Review of bonding documents, if required.

o Assessment of other relevant criteria.

1. Departmental Analysis:

Procurement staff will provide an overview of the submissions to the Department

Representative for further analysis. This analysis will focus on scope requirements and price evaluations.

2. Optional Discussions:

At the City’s discretion and in its best interest, the City may engage in discussions with

Consultants/Contractors to clarify their submissions.

3. Recommendation and Notice of Intent to Award:

The Department Representative will email their recommendation to the Procurement

Representative, which will serve as the basis for issuing a Notice of Intent to Award.

o Note: A Notice of Intent to Award does not constitute a contract. Final approval and authorization rest with the City Council.

4. Evaluation of Consultant/Contractor Capabilities:

The City reserves the right to evaluate the following aspects of each

Consultant/Contractor prior to making an award:

o Financial capability.

o Reputation and integrity.

o Skill and business experience.

o Quality of performance on similar projects.

5. Additional Research:

The City may conduct any necessary research to assist in evaluating submissions and determining the responsibility, qualifications, and financial capability of:

o Consultants/Contractors.

o Proposed Subcontractors and Suppliers.

o Other relevant persons or organizations.

This evaluation will ensure all parties are able to perform the work outlined in the Contract

Documents to the City’s satisfaction within the prescribed timeline.

4.18. Reserved Rights

1. Request for Additional Information:

The City reserves the right to request additional information from

Consultants/Contractors after the closing date. This may include, but is not limited to:

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

o Evidence of financial resources and the ability to provide and maintain the required system and/or services.

Additionally, the City may conduct investigations into the qualifications of any

Consultant/Contractor, which may include background checks performed by the Fort

Myers Police Department.

2. Flexible Award Options:

The City reserves the right to:

o Make awards based on individual items, groups of items, all-or-none, or a combination thereof, potentially involving one or more suppliers.

o Reject any or all submittals or waive informalities or technicalities in the submittals received.

3. Rejection of Submittals:

The City reserves the right to:

o Reject any and all Submissions.

o Waive any and all informalities.

o Negotiate contract terms with the Successful Consultant/Contractor.

o Disregard nonconforming, non-responsive, unbalanced, or conditional submittals.

o Reject any submittal if it is determined that awarding to the Consultant/Contractor is not in the City’s best interest, including cases where:

▪ The Solicitation is not responsive.

▪ The Consultant/Contractor is unqualified or has questionable financial ability.

▪ The Consultant/Contractor fails to meet any other relevant standards or criteria established by the City.

4.19. Protest Procedure

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

Policy, which can be accessed at the following link:

City of Fort Myers Procurement Policy (PDF)

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

4.20. Award of Contract

1. Purchase Order:

The Purchase Order (PO) issued by the City to the selected Consultant/Contractor within the time specified for acceptance, in conjunction with the contract, establishes a binding contract without further action by either party.

o The contract will include this Solicitation, any addenda, the Consultant/Contractor’s submittal, and the established Purchase Order.

o This Contract shall be governed by and construed in accordance with the laws of the

State of Florida.

o Venue for any legal action arising out of or relating to this contract shall be in a court of competent jurisdiction located in Lee County, Florida.

2. Formal Award:1 General Provisions:

Contracts will be awarded in accordance with the City’s Procurement Code, Chapter 23, Article 3 of the City of Fort Myers Code of Ordinances.2 Invitations to Bid (ITB):

o The contract will be awarded to the responsive and responsible

Consultant/Contractor with the lowest overall cost, including any alternates, if applicable, following final approval by the City Council.

• 3 Request for Proposals (RFP) or Request for Statements of Qualification

(RSQ):

o The contract will be awarded to the highest-ranked Consultant/Contractor based on evaluation criteria and presentation/interview results.

https://www.cityftmyers.com/DocumentCenter/View/14396/City-of-Fort-Myers-Procurement-Policy-PDF o The award is contingent upon successful contract negotiation and final approval by the City Council.

3. Multiple Awards:

o The City reserves the right, at its sole discretion, to award the work described herein to more than one responsive and responsible Consultant/Contractor.

o In cases of multiple awards, the City will apportion work among the selected

Consultant/Contractors as it deems appropriate. No minimum amount or proportion of work is guaranteed to any single Consultant/Contractor or class of

Consultant/Contractors.

4. Term:

o The City intends to negotiate a contract with an initial term and options for renewal upon mutual consent of both parties.

o The length of the contract will depend on the Consultant/Contractor’s submittal, financial investment, and negotiations with the City.

5. E-Verify:

This Contract is subject to the provisions of Section 448.095, Florida Statutes, which is incorporated herein by reference.

o The Consultant/Contractor represents and warrants that it has registered with and uses the E-Verify System to verify the work authorization status of all newly hired employees.

o The Consultant/Contractor must ensure any subcontractors provide an affidavit stating that they also use the E-Verify System and do not employ unauthorized aliens.

o The Consultant/Contractor and all subcontractors shall remain compliant with this requirement throughout the term of the Contract.

4.21. Form of Contract

The City’s intended format for the awarded Contract is included as an attachment for reference.

This draft Contract contains standard legal language and is not routinely modified. However:

• Any exceptions to the terms of this standard Contract must be clearly indicated in the

Consultant/Contractor’s submittal.

• The Consultant/Contractor acknowledges that exceptions may affect the evaluation of their submittal.

1. Formatting Adjustments:

The final executed Contract may differ in pagination or numbering from the draft provided.

2. City’s Right to Modify Contract Language:

The City reserves the right to revise or alter the language of the draft Contract after responses are received and prior to execution. Revisions may be made to address the specific requirements or circumstances of the solicitation.

4.22. Execution of Contract

The successful Consultant/Contractor shall, within fifteen (15) calendar days after the issuance of a Notice of Award and reciept of the Contract from the City of Fort Myers

Procurement Services, sign and enter into a Contract with the City. Simultaneously, the

Consultant/Contractor must provide:

• Any required bonds,

• Indemnities, and

• Updated insurance certificates as specified in the Solicitation.

Failure to meet the established deadline for submitting the required documents may result in cancellation of the award at the City’s discretion.

4.23. Price Escalation

1. Initial Pricing Commitment:

All prices offered in this Contract shall remain firm and fixed for three (3) years from the effective date of the Contract.Renewal Term Price Adjustments:

o Prior to the commencement of any subsequent renewal terms, the City may consider a request for a price escalation.

o Such an adjustment shall be limited to:

▪ The current Consumer Price Index (CPI) at the time of the request, or

▪ A maximum increase of 3% on the current pricing, whichever is lower.

o The Consultant/Contractor must submit a written request for any proposed price increases, including supporting documentation to substantiate market conditions or cost factors prompting the adjustment.

o The City reserves the right to verify the accuracy and validity of the documentation provided.

2. Definition of Consumer Price Index (CPI):

For the purposes of this section, the "Consumer Price Index" refers to the Consumer

Price Index for All Urban Consumers (CPI-U), United States Average-All

Items, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

3. City’s Right to Approve or Reject:

o The City reserves the right to accept or reject any request for a price increase within thirty (30) days of receipt.

o If the request is approved, the adjusted price shall remain fixed for the duration of the renewal period for which it was granted.

4. Price Reductions:

o If a price increase is granted due to an increase in raw material or service costs, any subsequent decrease in those costs shall be promptly passed on to the City.

o The Consultant/Contractor is required to notify the City as soon as such a decrease occurs, and the reduced pricing shall be applied accordingly.

4.24. Prohibition Against Considering Social, Political, or Ideological Interests

In accordance with Florida Statute Chapter 287.05701, an awarding body is prohibited from:

1. Requesting documentation of or considering a Consultant/Contractor’s social, political, or ideological interests when determining whether the Consultant/Contractor is responsible.

2. Giving preference to a Consultant/Contractor based on their social, political, or ideological interests.

This ensures that all evaluations and awards are conducted solely on the basis of objective criteria and the best interests of the City.

4.25. Identification of Variances

The Consultant/Contractor must clearly identify any variances from the Solicitation requirements, no matter how minor.

• Any exceptions to the scope of work must be specifically noted and thoroughly explained in the Consultant/Contractor’s questionnaire.

• If no variances are identified in the submittal, the City will assume that:

1. The materials, equipment, or services offered fully comply with the Solicitation specifications.

2. The Consultant/Contractor agrees to all terms and conditions outlined in the attached Draft Contract.

Failure to disclose variances may result in the Consultant/Contractor being held to the full compliance of the Solicitation requirements.

4.26. Cone of Silence

Consultants/Contractors submitting a response to this Solicitation, or individuals acting on their behalf, are prohibited from contacting any employee, elected or appointed official or officer of the City concerning any aspect of this Solicitation from the time of its release until the end of the 72-hour period (excluding Saturdays, Sundays, and state holidays) following the City’s posting of the notice of intended award.

Exceptions:

• Written communications directed to the Procurement Officer.

• As explicitly provided in the Solicitation documents.

Violation:

Failure to adhere to this provision may result in the rejection of the Consultant/Contractor’s response in accordance with Section 287.057(25), Florida Statutes.

5. GENERAL CONDITIONS

5.1. Additional Services

Should the City request the Contractor to provide and perform services which are not set forth in the PROJECT DETAILS, the Contractor agrees to provide and perform such Additional

Services as may be agreed to in writing by both parties.

Additional Services shall be administered and executed as "Change Order(s)" to the purchase order. The Contractor shall not provide or perform, nor shall the City incur or accept any obligation to compensate the Contractor for any Additional Services, unless a Change Order or revised purchase order is received by the Contractor.

5.2. Antitrust

By entering a contract, the Contractor conveys, sells, assigns and transfers to the City of all rights, titles and interest it may now have or hereafter acquire under the antitrust laws of the

United States and the State of Florida that relate to the particular goods or services purchased or acquired by the City under said contract.

5.3. Assignment, Transfer and Subcontracts

The Contractor shall not assign or transfer any of its rights, benefits, or obligations, except for transfers that result from: (1) the merger or consolidation of Contractor with a third party; or (2) the disestablishment of the Contractor(s) professional practice and the establishment of the successor Contractor. Nor shall the Contractor sub-contract any of its service obligations hereunder to third parties without prior written approval of the City. The Contractor shall have the right, subject to the City’s prior written approval, to employ other persons and/or firms to serve as sub-contractors to Contractor in connection with the Contractor performing services and work pursuant to the requirements of this Agreement. The Contractor must notify the City

Procurement Services Department of any change, complete a new vendor registration form, provide an updated W-9, provide an updated certificate of insurance, provide a new E-Verify

Memorandum of Understanding, and provide written notification of such change on official company letterhead.

5.4. Auditing Records Rights

The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later.

5.5. Background Screenings

Per Florida Statute Chapter 435, requires background screening for individuals who work or volunteer in positions of trust with vulnerable populations, including children, the elderly, and individuals with disabilities. The law primarily applies to certain types of employment, volunteer positions, and licensure processes. Specific groups required to undergo screening under this statute include: Employees of Certain Health Care and Social Services Agencies, Volunteers

Working with Vulnerable Populations, Employees and Contractors for Public and Private Schools, Personnel in Residential Care Facilities, Other Positions Identified by Specific Statutes.

Background Screening Notice:

As part of the application process for [Position Title], candidates are required to undergo background screening in compliance with Florida Statute 435. This statute mandates Level 1 or

Level 2 background checks, depending on the nature of the position, to ensure the safety and well-being of vulnerable populations, including children, the elderly, and individuals with disabilities.

Requirements:

• Level 1 background screening includes employment history checks and a statewide criminal background check through the Florida Department of Law Enforcement (FDLE).

• Level 2 background screening involves a national fingerprint-based criminal history check through the Federal Bureau of Investigation (FBI), along with checks of sexual offender and predator databases.

Disqualifying Offenses: Certain criminal convictions may disqualify you from employment in this position. These include, but are not limited to:

• Violent crimes.

• Sexual offenses.

• Drug-related felonies.

Exemption Process: If you have a prior conviction that would normally disqualify you from this position, you may be eligible to apply for an exemption from disqualification under certain conditions, demonstrating rehabilitation and good conduct.

Re-screening: Periodic re-screening may be required during your employment to ensure ongoing compliance with the requirements of Florida Statute 435.

5.6. Business Relationship and Disclosure

The Contractor must comply with Florida Statute 112.313.

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

(1) A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration.

https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2021/Chapter435 https://www.flsenate.gov/Laws/Statutes/2021/112.313 https://m.flsenate.gov/Statutes/119.07

(2) The bid analysis and monitoring system of the department is confidential and exempt from the provisions of s. 119.07(1). This exemption applies to all system documentation, input, computer processes and programs, electronic data files, and output, but does not apply to the actual source documents, unless otherwise exempted under other provisions of law. (337.168

F.S.)

5.8. Correction of Work

The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the

Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.

5.9. Cybersecurity

Contractor(s) must be aware of Florida Statute 119.0725.

5.10. Delivery

Material, equipment, and services shall be provided only by authorized Purchase Orders issued by Procurement Services. Failure of the Contractor to provide commodities/services as specified or to promptly replace damaged or defective products shall render Contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

Delivery shall be F.O.B. Final Destination, to a location within the City of Fort Myers as designated on the Purchase Order.

5.11. Discontinued Items

The City must give written approval of any replacements provided for discontinued items.

5.12. Drug-Free Workplace

Whenever two or more bids, proposals, or replies are equal with respect to price, quality, and service, the City will give preference in the award process to the business that certifies it has implemented a drug-free workplace program consistent with the provisions of Florida Statute

Section 287.087, unless otherwise stated in the solicitation.

5.13. Eligible Users / Piggyback Option

1. City Departments

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

2. Other Government Agencies

At the option of the awarded Contractor, any submission in response to this Solicitation constitutes a Proposal made under the same terms and conditions, for the same Contract price, to other governmental agencies. Each governmental agency desiring to accept these submissions, and make an award thereof, shall do so independently of any other governmental agency.