The City of Fort Myers Procurement Services Department is committed to continuously improving our solicitation process, systems, and overall supplier experience.
We invite you to participate in a short Supplier Feedback Survey designed to gather input on:
The survey takes approximately 5 minutes to complete and may be submitted anonymously. Your feedback will be used to identify improvements that make it easier to do business with the City.
We are especially interested in hearing from suppliers who have reviewed opportunities but chose not to submit a response.
Thank you for your time and for your continued interest in working with the City of Fort Myers.
- Award of Contract —
1. Award
For the purposes of determining the winning quote, the City will select the responsive Supplier with the lowest quote.
2. Purchase Order
The purchase order provided by the City, to the selected Supplier within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall consist of this quote and any addenda thereto, the Supplier'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 in all respects according to the laws of the State of Florida in Lee County, Florida.
All Purchase Orders issued pursuant to the Contract will be deemed to incorporate all terms and conditions of this quote regardless of whether these Documents are expressly referenced therein.
Before commencing work, the Supplier must receive a City PO/work order/or P-Card authorization. Shipments or work performed will be made as specified on the purchase order, conforming to the pricing form, specifications, and general conditions. No work may proceed unless authorized by the Contract Manager and the Supplier is in receipt of a Work Order and the associated PO.
3. Competitive Bid Threshold
In the event the lowest responsive and responsible quote exceeds the competitive bid threshold (currently $100,000) all quotes will be discarded and new documents will be published following competitive bid requirements.
- Indemnification —
To the extent provided by law, Supplier shall indemnify, defend, and hold harmless the City and the State of Florida, Department of Transportation, including the City’s and Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Supplier, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Supplier. The foregoing indemnification shall not constitute a waiver of the Department's or City's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Supplier to indemnify City for the negligent acts or omissions of City, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Supplier to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.
- Summary —
**Supplier Feedback Survey – We Want to Hear from You**
The City of Fort Myers Procurement Services Department is committed to continuously improving our solicitation process, systems, and overall supplier experience.
We invite you to participate in a short Supplier Feedback Survey designed to gather input on:
- The clarity and accessibility of our solicitations
- The ease of submitting responses through OpenGov
- Document requirements and timelines
- Your experience working with our Procurement Team
The survey takes approximately 5 minutes to complete and may be submitted anonymously. Your feedback will be used to identify improvements that make it easier to do business with the City.
We are especially interested in hearing from suppliers who have reviewed opportunities but chose not to submit a response.
Please take a moment to share your feedback:
https://forms.office.com/g/RQsQmaKEuu
Thank you for your time and for your continued interest in working with the City of Fort Myers.
Procurement Services Department
City of Fort Myers
- Insurance Coverages Required —
Insurance will be provided by the Supplier. If required, the awarded Supplier (and its subcontractors to the same extent and on the same terms as set forth below for Supplier) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract.
- Employee Eligibility Verification System (E-Verify) —
During the term of this Contract, the Supplier shall fully comply with Florida Statute Sec. 448.095, which includes but is not limited to, registering with and utilizing the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees and requiring an affidavit from any Subcontractor/Subconsultant(s) stating that the Subcontractor/Subconsultant(s) uses and shall continue to use the E-Verify System to verify the work authorization status of all newly hired employees stating that the Subcontractor/Subconsultant(s) uses and shall continue to use the E-Verify System to verify the work authorization status of all newly hired employees and does not employ, contract with or subcontract with an unauthorized alien.
- Eligible Users —
All departments of the City are eligible to use this contract.
- Background —
Supplier Feedback Survey – We Want to Hear from You
- Comprehensive General Liability —
- Comprehensive Auto Liability —
If Supplier will be driving a vehicle on City Property either to perform work or the delivery of items the following is required:
This insurance shall be written in comprehensive form and shall protect the Supplier and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than:
1. Minimum limits of $1,000,000 combined single limit liability.
2. Coverage shall include owned vehicles, hired, leased, non-owned vehicles, employee non-ownership.
3. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.
4. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the City with thirty (30) days prior written notice of cancellation and/or restriction.
- Payment —
All invoices and payments shall be governed by Sect. 218.74(2) Florida State Statutes, the Florida Prompt Payment Act.
The successful Supplier(s) shall be paid in accordance with Florida Statutes, upon submission of invoices.
1. Discount
Supplier(s) may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.
Supplier(s) is requested to offer price discount for prompt invoice payment. It is the policy of the City to make payments of invoices in time to earn any offered discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later.
2. Invoicing
All invoices, in order to be classified as a proper invoice, shall be delivered via e-mail to APInvoices@fortmyers.gov and addressed to Accounts Payable, Finance Department, City of Fort Myers, 2200 Second Street, Fort Myers, Florida, 33901.
For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor(s) or other invoicing party shall conform to the following process:
1. A description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them);
2. The amount due, applicable discount(s), and the terms thereof;
3. The full name of the Supplier(s) or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;
4. The Purchase Order or Contract number as supplied by the City;
5. An identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided; and
6. In order to be considered as a proper invoice, it must be based on (1) a proper delivery, (2) installation, or (3) provision of the goods and/or services acceptance by the City; and the Supplier(s) or other party who is supplying the goods and/or services has otherwise complied with all of the Contract's terms and conditions and is not in default of any of them.
3. Payment Dispute Resolution
In the event a dispute occurs between a Supplier(s) ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement Services and the invoicing party shall meet to consider the disputed issues.
The Supplier shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Director of Finance shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision.
If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued.
4. Payment If Agreement is Terminated
In the event of termination of this Agreement, the City shall compensate the Supplier(s) for: (1) all services performed prior to the effective date of termination; (2) reimbursable expenses then due; and (3) reasonable expenses incurred by the Contractor prior to the termination of services by submitting required documentation to the City.
- Workers Compensation and Employer’s Liability —
This insurance shall protect the Supplier(s) against all claims under applicable state workmen’s compensation laws. The Supplier shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen’s compensation law. This policy shall include an “all states” or “other states” endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers’ compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than:
1. Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $1,000,000 for each accident which limit is greater.
2. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the CITY with thirty (30) days prior written notice of cancellation and/or restriction
- Pricing Proposal —
1. Must complete this section in its entirety.
2. Additional charges. All additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. must be included in your quote. City will not be responsible for any type of miscellaneous surcharges or fees. The Supplier(s) may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written City approval.
3. Goods Orders. The Supplier(s) will adhere to the following:
3.1 Delivered costs will be included in your unit price, unless otherwise indicated.
3.2 Minimum order quantities are not allowed for this solicitation.
3.3 Unit pricing will be inclusive of inside delivery.
4. F.O.B. Destination. Offered prices for all items will be F.O.B. Destination and include all shipping charges to all City locations. Title to/or risk of loss or damage to all items will be the responsibility of the Supplier until acceptance by City. If the goods supplied to City are defective or do not conform to specifications, City reserves the right to cancel the order upon written notice to the Supplier. Returns will be at the Supplier's expense.
5. Price Reductions. If, from the date of award, the Supplier either proposes the same products and/or services at a lower price than offered to City or reduces the price of the proposed goods and services, the lowest of these reduced prices will be extended to City.
6. Additions. New products and related services may be added to a Contract resulting from this solicitation at any time during that Contract term to the extent that those products and related services are within the scope of this Solicitation. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.
7. Deletions. Products and related services may be deleted from a contract if an item is no longer available.
- Insurance Certificates Required —
1. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Supplier(s) and their Subcontractor/Subconsultant(s) initiation of performance, the Supplier and its Subcontractor/Subconsultant(s) shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Supplier shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the “occurrence” type. Certificates of insurance for a Supplier and Subcontractor/Subconsultant(s)-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement Services at the address set forth for delivery of the Solicitation.
2. All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the City and licensed in the State of Florida.
3. Each Certificate of Insurance submitted to the City shall be an original and shall be executed by an authorized representative of the insurance company affording coverage.
4. Each Certificate of Insurance shall specifically include all of the following:
4.1. The name and type of policy and coverages provided; and
4.2. The amount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and
4.3. The date of expiration of coverage; and
4.4. The designation of the City of Fort Myers, both as an additional insured to the GL & AL on a primary and non-contributory basis, and as a certificate holder. (This requirement is exempted for Professional Liability Insurance and for Workers' Compensation Insurance); and
4.5. A specific reference to this Agreement and the Project to which it pertains. (This requirement may be exempted for Professional Liability Insurance); or In the event the Supplier has, or expects to enter into an agreement for Professional Services other than those provided for in this Agreement; the Supplier may elect to submit a Certificate of Insurance containing the following statement:
"This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for the City of Fort Myers pursuant to one or more written Professional Services AGREEMENTS, or written Supplemental Agreements or Change Orders thereto, and the limit(s) of liability shown shall not be intended or construed as applying to only one project."
Upon receipt and approval of such a Certificate of Insurance, a separate Certificate of Insurance will not be required for each separate agreement.
4.6. An identifying statement indicating the identification of any services or work that is included in, or required under, the Scope Of Professional Services set forth in Exhibit “A” that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the Supplier(s) insurance policy(s). A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required. In the absence of any such statements of deductible amount(s), or coverage statement of exclusions or exemptions, the CITY will proceed with the understanding, stipulation, and condition that there are no deductible amount(s), or exclusions or exemptions to the insurance coverage(s) provided.
4.7. Name of the Project and/or Project Number should be clearly indicated.
4.8. Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by, and on behalf of, the insurance company affording the insurance coverage(s) indicated on each Certificate of Insurance.
4.9. If the initial or any subsequently issued Certificate of Insurance expires prior to completion of the work or termination of this Agreement, it is the Supplier(s) responsibility to furnish the City a renewal or replacement Certificate(s) of Insurance, including all endorsements, not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Supplier to provide the City with such renewal certificate(s) shall be considered justification for the City to terminate this Agreement.
5. It is vitally important that all insurance coverage(s) required under this Agreement be in effect throughout the entire period of this Agreement. If any of the insurance coverage(s) required by this Agreement should reach the date of expiration indicated on the Certificate(s) of Insurance on record with the City, without the City having received satisfactory evidence in the form of a Certified Binder or a Certificate of Insurance, that the required insurance coverage(s) has either been renewed or replaced, then the Supplier, unless notified in writing by the City to continue, shall therefore automatically and without further notice from the City, stop performing all previously authorized services and work until such date as the City shall receive and approve satisfactory documentation that the expired insurance coverage(s) has been renewed or replaced. During any time period that the Supplier shall fail to comply with the insurance requirements set forth in the Agreement, the City shall not be required to make, nor shall it make payment on any invoices submitted by the Supplier. Payment for any such invoices shall be made promptly by the City after the City receives and approves the renewal or replacement Certificates of Insurance. During any time period that the Supplier(s) services or work is suspended, as provided above, for failure to comply with the insurance requirements set forth in the Agreement, the Supplier shall not be entitled, as a result of such suspension, to any additional compensation or time to provide and perform the required services or work.
- Insurance Terms & Conditions —
1. The Supplier shall obtain and maintain such insurance as will protect the City from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his or her employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this Agreement, whether such services, work and operations be by the Supplier, its employees, or by any Subcontractor/Subconsultant(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.
2. Subcontractor/Subconsultant(s). Unless expressly specified otherwise in this solicitation, a Supplier and its Subcontractor/Subconsultant(s) of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Supplier to maintain the required insurance coverages and to assure that Subcontractor/Subconsultant(s) maintain required insurance coverages at all times. Failure of a Supplier to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City’s approval of insurance coverage to be maintained by a Supplier and its Subcontractor/Subconsultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Supplier and its Subcontractor/Subconsultant(s) under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Supplier's insurance primary for all purposes despite any conflicting provision in the Supplier(s) policies to the contrary.
3. The Supplier shall obtain, have, and maintain during the entire period of this Agreement, all such insurance policies as are set forth and required herein.
4. The insurance coverage to be obtained by the Supplier, as set forth in Agreement for: (1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile Liability; and (4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Exhibit “A” of this Agreement, or in any and all subsequently executed Change Order(s), or Supplemental Agreement(s). If the total amount of insurance coverage established in, and required by, a Change Order or Supplemental Agreement exceeds the amount of insurance coverage carried by the Supplier, then the Suppliershall be required and expected to acquire such additional insurance, and the compensation established for the Change Order, or Supplemental Agreement, shall include consideration of any additional premium cost incurred by the Supplier to obtain such additional insurance coverage.
5. The purchasing of any insurance on the behalf of the CITY shall not waive any defense under Sovereign Immunity.
6. Additional Insureds. All insurance coverages furnished under a contract except Workers’ Compensation, Employers’ Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Supplier and its Subcontractor/Subconsultant(s). The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.
If this solicitation is funded in whole or in part by the Florida Department of Transportation, they will be included as an additional insured on all insurance certificates.
7. Waiver of Subrogation. The Supplier and its Subcontractor/Subconsultant(s) shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents, and employees and against other Supplier and Subcontractor/Subconsultant(s).
- Request for Information —
The Procurement department is the official source to obtain information relating to this Quote. It is incumbent on the Supplier to obtain solicitation and current award information prior to and after the scheduled opening date. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled due date.
- Return of Products/Equipment —
All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City. The City may return, for full credit, any unused items received which fail to meet the City’s performance standards. Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. Unless a different time period is specified, the Supplier(s) is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the Supplier(s) and include reference to an applicable Supplier(s) Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Supplier(s) Invoice or Packing List.
- Tax Exempt —
The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City’s tax-exempt number is 85-8012621569C-3. No purchase made by any entity is qualified to be exempt other than those made directly by the City.
The City’s sales tax exemption does not apply to goods and services purchased separately by a Contractor in connection with its fulfillment of its Contract obligations. The Contractor shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work.
- Term —
The purchase order term, if an award is made, is intended to be for a one-time purchase.
Prices shall remain firm for the term of the resultant purchase order.
NO EXCEPTIONS TO THE CITY’S PURCHASE ORDER TERMS AND CONDITIONS NOR A VENDOR PROVIDED CONTRACT WILL BE ACCEPTED.
Surcharges will not be accepted in conjunction with this purchase order, and such charges should be incorporated into the pricing structure.
All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the CITY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the CITY nonetheless remain with SUPPLIER.
- Right to Terminate —
If through any cause, the Supplier(s) selected shall fail to fulfill the obligations agreed to in a timely and efficient manner, the City of Fort Myers may, at its discretion, terminate the agreement for services at anytime by giving ten (10) days written notice with cause; or thirty (30) day written notice without cause.
- In the event there is any work or services in progress, but not completed as of the date of termination, then said contract may be extended upon written approval by the City until said work or services are completed and accepted. The firm would then be entitled to just and equitable compensation for the work satisfactorily completed.