Emergency_Operations_Catering_Services_REBID.pdf

RFP3-25

EMERGENCY OPERATIONS CATERING SERVICES REBID

DEADLINE FOR QUESTIONS: February 14, 2025

RESPONSE DEADLINE: February 25, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7B project.id%7D

Sealed proposals must be received and time stamped on or before the date and time referenced above electronically via City’s e-Procurement Portal. Any responses received after 2:00 pm on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

REQUEST FOR PROPOSAL

Emergency Operations Catering Services REBID

I. Introduction II. Proposal Preparation & Submittal

III. Scope of Services IV. Evaluation Procedure V. Evaluation Criteria

VI. Standard Terms & Conditions VII. Federal Provisions

VIII. Summation of Insurance Requirements IX. Pricing Proposal X. Vendor Requirements & Acknowledgement

Attachments:

A - FHWA 1273 Federal Aid Required Provisions_rev10.23.23

B - Build America, Buy America Act Provisions

C - Pricing_Guide_for_FEMA_Solicitations

1. Introduction

1.1. Summary

Electronic submissions must be submitted and time stamped by the City of Winter Park's Procurement portal on or before 2:00 pm Tuesday, February 25, 2025. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the Procurement portal, which shall be scrupulously observed. Under no circumstances shall the City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park is requesting proposals from experienced catering firms who are interested in assisting the City in providing approximately three (3) meals per day for 300-500

City employees, contractors, and volunteers (Workers) for up to two (2) weeks after an emergency, such as a hurricane or other disaster.

1.2. Contact Information

Rebecca Watt

Procurement Agent

Email: rwatt@cityofwinterpark.org

Phone: (407) 599-3315

Department:

Fire-Rescue

1.3. Timeline

All times, dates, and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meetings requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

RFP Issue Date January 24, 2025

Question Submission Deadline February 14, 2025, 2:00pm

Proposals Due to Procurement February 25, 2025, 2:00pm

Selection Committee Meeting –

Evaluation and Ranking

March 6, 2025, 1:30pm

City Hall - Chapman Room

401 S Park Avenue

Winter Park, Florida 32789 https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark mailto:rwatt@cityofwinterpark.org tel:(407)599-3315

Final Ranking Meeting March 13, 2025

City Hall - Chapman Room

401 S Park Avenue

Winter Park, Florida 32789

Anticipated Commission Award TBD

2. Proposal Preparation & Submittal

2.1. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's Public Procurement portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech Support chat on the website, email procurement-support@opengov.com, or by phone at

(650) 336-7167.

2.2. Electronic Proposals Due

Electronic responses must be submitted via City's Procurement portal by 2:00 pm Tuesday, February

25, 2025. It is the Respondent’s responsibility to ensure that your proposal is submitted to the City's eProcurement portal at the proper time. Proposals that are not submitted for any reason will not be considered. All proposals received after 2:00 pmTuesday, February 25, 2025 will not be accepted.

Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be electronically opened and acknowledged immediately following the proposal's due date and time.

2.3. City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the formal solicitation procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

2.4. Preparation of Proposals

Proposals shall be submitted electronically via the City's Procurement Portal by the Respondent.

Specify whether the Respondent is a corporation, limited partnership, limited liability company, or other entity other than an individual. A Respondent may be requested to present evidence of its experience and qualifications and the entity’s financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy ( Adobe) shall be submitted in within the

#Vendor Questionnaire.

https://procurement.opengov.com/portal/cityofwinterpark/projects/131240 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/131240/document?section=1177452

2.5. Proposal Submittal

Proposals shall be submitted directly to the City's Procurement Portal. Submit proposals in accordance with the instructions listed herein regarding the time, place, and date required. Responses received after the time requirement will not be opened and will not be considered for award. It is the

Respondent’s sole responsibility to be sure its response is submitted directly to the City's Procurement

Portal by 2:00 pm Tuesday, February 25, 2025. The City will not be responsible for any proposal submitted incorrectly or to the wrong location.

All proposals must be prepared and submitted in accordance with the instructions provided in this

Request for Proposal (RFP). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A responsive proposal is one that follows the requirements of the RFP, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments as required on each document. Failure to comply with these requirements may deem your proposal non-responsive. The City reserves the right to disqualify a proposal that is not submitted in the format delineated in Vendor

Requirements & Acknowledgement.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

3. Scope of Services

3.1. Background

The City of Winter Park is requesting bids from experienced catering firms who are interested in assisting the City in providing approximately three (3) meals per day for 300-500 City employees, contractors, and volunteers (Workers) for up to two (2) weeks after an emergency, such as a hurricane or other disaster. The length of the agreement and the number of meals required will depend on the intensity of the disaster/emergency.

The City intends to provide meals for breakfast, lunch, and dinner to Workers assisting with recovery efforts immediately after an emergency. No electricity is guaranteed to be available, and it should be assumed that electricity will not be available.

3.2. Scope

A. Successful Respondent shall furnish all food, beverage, and personnel necessary for efficient and sanitary catering and clean-up service.

B. Successful Respondent shall purchase and prepare an adequate quantity of food to serve meals to the total number of Workers as directed by the City of Winter Park or designee.

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

3.3. Experience & Expertise

A. Respondent shall provide an explanation of its experience in providing meals in large quantities under emergency conditions and a detailed plan on how it would meet the

City’s requirements during a disaster event.

B. Respondent shall provide a detailed description of two (2) to three (3) of the largest similar events the company has catered to in the past two (2) years. The description should include the number of meals provided, the type of food provided, and the number of employees used for that assignment. Respondent shall include contact names and telephone numbers of the clients for these events.

C. Respondent shall thoroughly describe its capability to perform/facilitate the required services, including methodology, approach, number of employees, and a list of equipment the company owns to meet the requirements described herein.

D. Respondent shall address the mobilization strategy and the staging abilities required for delivering meals to multiple locations.

E. Respondent shall provide a detailed description of the meal options for breakfast, lunch, and dinner as requested in the Vendor Requirements & Acknowledgement.

F. Respondent shall provide a copy of their current Public Food Service license, as required by the State of Florida’s Department of Business and Professional Regulation (DBPR).

3.4. Successful Respondent Responsibilities

A. Successful Respondent shall plan weekly menus. Food substitutes for special dietary restrictions (diabetic, dairy-free, gluten-free) shall made avaiable upon request , and included in the quoted price. Special dietary restrictions shall be coordinated and communicated to the Successful Respondent in advance of the scheduled serving.

B. Successful Respondent shall only utilize food products that are fresh, wholesome, of good odor and taste, and processed under sanitary conditions.

C. Food shall be maintained in either air-tight containers, chafing dishes, or steam tables for meals that will be served in-house, and provide disposable containers for meals that are picked up by individuals going out into the field. All methods of serving the meals must be acceptable by the food service industry. Meals served must include utensils, cups, napkins, buns (if applicable), salt/pepper, and condiments appropriate to the meal.

D. Successful Respondent must provide all phases of service in compliance with Federal, State, and local guidelines governing health and food service sanitation.

https://procurement.opengov.com/portal/cityofwinterpark/projects/115283/document?section=1055113

E. Successful Respondent must serve all food at the proper temperatures and with proper freshness.

F. Successful Respondent must store all food and food products at a safe temperature and must handle leftover food/food products in a safe and acceptable way by food service practice.

G. Food services shall be available with serving times as follows:

o Breakfast Service: 6:00 am – 9:00 am o Lunch: Bag lunches are to be provided for pick-up at Breakfast Service o Dinner Service: 5:00 pm – 7:00 pm o Coffee & Water: During Breakfast & Dinner Service

H. Successful Respondent shall not serve leftovers from other functions they may cater during off duty hours.

I. Successful Respondent is responsible for the purchasing and receiving of all food, merchandise, supplies and food equipment at the designated serving locations.

Successful Respondent shall also be responsible for providing any generators and/or power cabling appropriate to its on- site food preparation equipment.

J. Successful Respondent is responsible for providing waste containers and trash bags for all refuse and waste materials created by their operations. Waste materials created by the Successful Respondent in the food service area shall be promptly disposed of after each meal or as needed during the serving of meals.

K. Waste foods shall be kept in closed metal or plastic containers until removed from the serving locations.

L. Successful Respondent shall provide an all-inclusive invoice for the total number of meals served at the end of the emergency period. The invoice shall be broken down daily, indicating the number of Workers served at each meal.

M. Successful Respondent shall make available coffee & water service with cups, sugar, creamer, stirrers, etc. from 6:00 am – 9:00 am during Breakfast Service and from 5:00 pm – 7:00 pm during Dinner Service daily. Respondent shall include with their bid response the cost of coffee & water service per location.

N. Service shall be opened fifteen (15) minutes before each meal schedule time.

O. If the food is served in Mobile Food Dispensing Vehicles, the Respondent must provide copy of licensed and meet the minimum specification as required in section 61C-4.0161, Florida Administrative Code.

3.5. Personnel Requirements

A. All employees of the Successful Respondent shall be neatly attired in clothing that clearly and properly identify the company represented. The employees shall be neat and clean in appearance and courteous towards the patrons, the public, and their fellow employees.

B. The Successful Respondent shall train and closely supervise all its employees ensuring they practice the highest standards of cleanliness, courtesy and service required.

C. The Successful Respondent shall adhere to the adequate number of personnel, compatibility of food and beverage products, and other rules and regulations appurtenant to the event.

3.6. Meal Order Cancellation

The City reserves the right to cancel any and all meals, without penalty, by notification to the

Successful Respondent(s) no less than 24-hours in advance of the next scheduled serving. The

Successful Respondent(s) must provide re-stocking costs, specific cancellation criteria and/or cost to be incurred in the event food service is cancelled with less than 24-hour notice.

3.7. Service Locations & Logistics

A. The City will notify the Successful Respondent(s) of the specific locations and estimated number of Workers at each location when activated during an emergency event.

Possible locations include, but are not limited to:

o 401 S Park Ave, Winter Park, FL 32789 o 500 N Virginia Ave, Winter Park, FL 32789 o 1409 Howell Branch Rd, Winter Park, FL 32789

B. The City will attempt to provide the Successful Respondent 24-hours advance notice of the estimated number of meals it requires for each meal period when practicable.

C. In emergencies such as a hurricane, where some advance notice may be possible, the

City will make every effort to place the Successful Respondent on notice 2-3 days before landfall of the storm that their services may be needed.

4. Evaluation Procedure

The Procurement Division will perform an initial review of all Proposal submittals for preliminary qualification and documentation compliance. This review process may include but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria.

4.1. Evaluation

It is the intent of the City that all firms responding to this RFP that meet the requirements will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible submittals received in its evaluation and award process.

4.2. Criteria

Firms submitting a proposal along with the required information and documentation will have their proposal evaluated and scored based on the evaluation criteria set forth herein.

Further, each proposal will be evaluated for full compliance with the RFP instructions to the

Respondents and the terms and conditions set forth within the RFP document. Proposals will be scored and ranked in accordance with the weighting and grade specified in the Evaluation Phases. Proposals will be evaluated, and an award will be made to the Respondent who is determined to be responsible and responsive to this Request for Proposals and whose proposal is the most advantageous to the

City in terms of quality of service, the Respondent’s qualifications and capabilities to provide the specified services and comply with the applicable conditions of this Request for Proposals and Contract, and who in the judgment of the City will best serve the needs and interests of the City.

The following represent the principal selection criteria, which will be considered during the evaluation process. Points are determined by multiplying the weight by the grade. Shortlisting of firms will be based on converting each Committee Member’s Total Score into a ranking with the highest Score ranked first, second, highest ranked Score, etc. Once converted, the Committee Member’s ranking for each firm will be entered into a shortlist summary. The Total Score recorded on the summary will determine the ranking and shortlisting.

M/WBE Utilization shall be graded in accordance with the following (State-issued certification required): Respondent’s DBE certification = 5, Respondent’s subcontractor DBE certification = 3, no

DBE certification = 1.

4.3. Selection Process

The selection process is as follows:

A. The Selection Committee will evaluate all proposals which have been determined to be responsive.

B. The Selection Committee will then rank the proposals of those firms based on their submittals, with an emphasis on City needs and in accordance with Florida Statutes Section 287.055, known as the Consultants Competitive Negotiations Act, to determine a shortlist and move forward to oral presentations (Phase 2) for further evaluation by the Committee.

C. After oral presentations are conducted from the shortlisted firm(s), a post-presentation ranking will be conducted to determine the overall top-ranked firm.

D. The Procurement Division will prepare an agenda item for the award recommendation to the

City Commission.

E. The City Commission of the City of Winter Park will make the final selection after considering the recommendations and rankings of the Committee. The City Commission is not required to accept the recommendations and rankings of the Committee. The City Commission's decision will be final.

F. The City and the selected Respondent will enter into a contract incorporating this RFP's requirements and other terms acceptable to the City. The City reserves the right to negotiate the terms and conditions of the contract with the selected Respondent. The City has the right to rescind the contract award to the selected Respondent if the City and the selected

Respondent disagree with the contract terms. The City reserves the right to reject a

Respondent, even a Respondent awarded the contract, before complete contract execution.

4.4. Formal Oral Presentations/Interviews

The City may conduct formal interviews with or receive oral presentations from three or more short-listed firms. Oral presentations/Interviews will be held in accordance with F.S. 286.0113 and will adhere to the following guidelines:

The City’s Procurement Division will establish the schedule, and Respondents will be notified at least five (5) calendar days before the date, time, and place of the presentations/interviews. The specific format of each presentation/interview will be provided to Respondents with the notifications.

The City will allot equal time for each Respondent, divided into two (2) sequential parts: formal presentations and questions and answers. Each Respondent interviewed may be asked differing questions.

Oral presentations will allow the Respondents to demonstrate their ability to use time efficiently, effectively, and economically. The times allotted are maximums, and no firm will be penalized for using less than the allotted time.

4.5. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent who is awarded a contract by the

City through this RFP is terminated early or suspended from further work or services by the City for a default in the performance under the contract, or in the event the City rescinds a contract award to the selected Respondent before execution of a contract, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting

Respondent (if applicable), contract with the next lowest responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the City Commission to be in the City’s best interest. In awarding a contract to the next lowest responsive and responsible

Respondent that is willing and able to complete the work or services, the City may accept such

Respondent’s original proposal pricing or negotiate a price more consistent with the original pricing submitted by the defaulting Respondent or the Respondent’s whose contract award was rescinded.

5. Evaluation Criteria

A. Scoring Definitions o 1 = Poor: Lacking or inadequate in most basic requirements, specifications, or provisions for the specific criteria.

o 2 = Below Average: Meets many of the basic requirements, specifications, or provision of the scope but is lacking in some essential aspects for the specific criteria.

o 3 = Average: Adequately meets the minimum requirements, specifications, or provisions of the specific scope and is generally capable of meeting the City’s needs.

o 4 = Above Average: More than adequately meets the minimum requirements, specifications, or provision of the specific scope and exceeds those requirements in some aspects for the specific scope.

o 5 = Excellent: Exceeds minimum requirements, specifications, and provisions in most aspects for the specific criteria.

In evaluating the Proposals, the City shall have the discretionary power to render decisions on:

A. the honesty, reputation, and integrity of a Respondent necessary to a faithful performance of the Contract;

B. a Respondent’s skill and business judgment;

C. Respondent’s facilities, labor force, and equipment for carrying out the Contract properly and expeditiously;

D. Respondent’s previous conduct under other contracts with the City and contracts with any other parties that the Respondent has provided work or services;

E. the quality of Respondent’s previous work for the City and any other parties that the

Respondent has provided work or services;

F. Respondent’s pecuniary ability and financial stability;

G. the Respondent’s previous and existing compliance with laws, ordinances, and regulations;

H. Respondent’s maintenance of a permanent place of business;

I. Respondent’s appropriate successful contractual and technical experience in similar work;

J. The proportional amount of the work Respondent intends to perform with its own organization as compared with the portion it intends to subcontract;

K. the qualifications of subcontractors whom each Respondent proposes to use;

L. the proximity of Respondent’s labor force, equipment, and business operation in relation to the City, M. Respondent’s ability to meet and/or maintain scheduling requirements

N. Respondent’s quoted prices for services, and

O. Respondent’s responsiveness to this Request for Proposals.

The above factors may be determined by Respondent’s past performance of services/work for supplied references and other parties Respondent has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Respondents, including of Respondent’s personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Respondent to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER

OF THE SELECTION COMMITTEE, EMPLOYEE, OR PUBLIC OFFICIAL (EXCEPT THE

FACILITATOR) AT ANY TIME DURING THE FORMAL SOLICITATION PROCESS UP TO

THE TIME OF CONTRACT AWARD. ANY ATTEMPTED CONTACT MAY BE GROUNDS FOR

DISQUALIFICATION.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience

Respondents are evaluated based on their experience with similar food and beverage services, how long their organization has been in the catering/food business, schedule, problems encountered, and the means to solve them.

0-5 Points 15 (15% of Total)

2. Staffing and Management Plan

Respondents are evaluated based on the services managed, the staffing plan, including various positions and qualifications of personnel, and the food preparation plan.

0-5 Points 15 (15% of Total)

3. Professional Contacts

Respondents are evaluated based on how relevant the projects are to this

RFP.

0-5 Points 15 (15% of Total)

4. Project Delivery and Approach

Respondents are evaluated based on the services offered along with menus or proposed offerings of food for breakfast, boxed lunches, and dinner to include healthy & specialty diet options, explain unique challenges, and a communication plan (i.e. minimal notice, mass quantities for food preparation & distribution).

0-5 Points 30 (30% of Total)

5. Cost/Fee Proposal

Respondents are evaluated based on the proposed cost-effective fee to complete the services in this RFP. If Respondent intends to omit any tasks or requirements listed in the scope of work, the omission must be clearly described and included with your

Proposal.

0-5 Points 25 (25% of Total)

6. Standard Terms & Conditions

6.1. Basis of Response/Proposals

The words “RESPONSE” and “PROPOSAL” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items; failure to comply may be cause for rejection. No segregated proposals or assignments will be considered. It is the intent of the City to promote competition.

It shall be the responsibility of the Respondent to advise the Procurement Division of any language, requirements, etc., or any combination thereof, which the Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer. Such notification must be submitted in writing at least seven (7) business days before the due date and time of the proposal.

6.2. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of the award. If the Successful Respondent fails to furnish the required documents within ten (10) business days, the City may withdraw the award and award to the next lowest responsive, responsible Respondent whose proposal provides the best value to the City.

6.3. Proposal Prices

The Respondent warrants by virtue of bidding that the prices, terms, and conditions quoted in this proposal will be firm for ninety (90) days from the date of the proposal opening unless otherwise specified by the Respondent and shall not be amended after the date and time of the bid opening.

Any attempt by a Successful Respondent to amend said proposal prices except as otherwise provided herein shall constitute a default.

Amounts specified herein are for fixed-price work or products, including all prices for equipment, labor, and materials required to perform the work or deliver the product(s) specified herein. The Respondent, having familiarized itself with the local conditions and conditions listed here, proposes to furnish all labor, materials, equipment, and other items, facilities, and services, without exception, for the proper execution and completion of the contract and, if awarded the contract, to complete the required work or deliver the required product(s) as specified within the bid/proposal package set forth by the City of

Winter Park.

6.4. Delivery

All prices shall be FOB Destination, City of Winter Park, Florida. Delivery dates and warranties must be written out and submitted with bids. We insist delivery dates be met as specified.

There will be no additional charge for multiple delivery locations.

6.5. Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for twelve (12) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible second, third, fourth, and fifth 12-month period, not to exceed sixty (60) months in total, after the written consent of both parties and approval by the

City Commission or City Manager. Approximately forty-five (45) days before the expiration of the initial contract period, the successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

Upon written consent of both parties and approval of the City Commission or City Manager, the contract will be renewed for the second, third, fourth, or fifth term.

6.6. Invoicing & Payment

Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. The City shall make payment only after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. The invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or RFP number. Payment and disputes involving invoices and payments shall be governed in accordance with Part VII, Chapter 218, Florida Statutes (Local Government Prompt

Payment Act).

6.7. VISA Acceptance

The City of Winter Park has implemented a purchasing card program using the VISA platform.

Successful Respondent may receive payment from the City via purchasing card like other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment.

6.8. Taxes

The City is exempt from Federal Excise and Sales taxes—tax exemption number: State #85-

8012621708C-8.

6.9. Mistakes

Respondents are expected to examine the specifications, delivery schedule, prices, extensions, and all other instructions provided herein. Failure to do so will be at the Respondent’s risk. The City is not obligated to give Successful Respondents extra payments for conditions that can be determined by examining the site and documents. In case of a mistake in the extended price, the unit price will govern, and the Respondent’s total offer will be corrected accordingly.

6.10. Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services. The procurement officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the

City. Examples of minor informalities or irregularities include the failure of a bidder to

A. Furnish required information concerning the number of its employees;

B. Sign its bid, but only if-

1. The undersigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid referring to and clearly identifying the bid itself); or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature;

C. Acknowledge receipt of an amendment to an invitation for bids, but only if-

1. The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation and the bidder submitted a bid on the item; or

2. The amendment involves only a matter of form or has either no effect or merely a negligible effect on the price, quantity, quality, or delivery of the item bid upon.

6.11. Contract Award

The City reserves the right to make award(s) by individual item, aggregate, or none, or a combination thereof; with one or more suppliers; to cancel the formal solicitation; reject any or all proposals; or waive any minor informalities or technicalities in proposals received, as may be deemed in the best interest of the City in the City’s sole discretion; and reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a proposal meeting specifications in a way deemed most advantageous and best value to the City in the City’s sole discretion.

The City further reserves the right to consider matters such as, but not limited to, the quality offered, delivery terms, and service reputation of the vendor in determining the most advantageous proposal.

The City reserves the right to make an award to more than one Respondent. The City reserves the right to demand additional information or clarification concerning any proposal or submission from one or more Respondents. Such request shall be furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification at the sole discretion of the City. Information received upon such request for additional information or clarification may be relied upon by the City in determining the most advantageous proposal for making an award.

6.12. Proposal or Contract Terms at Variance with This Document and the RFP or Specifications

This formal solicitation expressly limits acceptance of the terms of this document. If the Respondent submits a proposal that contains additional terms and conditions, then, at the option of the City, it may award the contract to such Respondent but without the contractual terms that were included in the proposal and which are inconsistent with or different from the language in this invitation, and the proposal specifications and this document so long as the proposal is otherwise responsive to this document and the proposal specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a proposal based upon this invitation, any term or condition inconsistent with this document or the proposal specifications shall be null, void, and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

A. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.

B. Any provision that applies the law of any jurisdiction other than the law of Florida.

C. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida, using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue

(in Orange County, Florida).

D. Any provision that provides for attorney’s fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.

E. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial

Code and Florida law will allow for limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.

F. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the proposal specification shall be inconsistent and stricken.

G. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.

H. Any provision that, to any extent, waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.

I. Any proposal that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.

J. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.

K. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, including but not limited to delay damages.

6.13. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a Proposal, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted

Proposal. Select "Unsubmit Proposal," make the required changes and submit the Proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, login to your vendor account: https://procurement.opengov.com/login, and go to your submitted

Proposal. Select "Unsubmit Proposal."

HOWEVER – NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PUBLIC

OPENING and shall constitute an irrevocable offer for a period of ninety (90) days to provide to the

City the services set forth in this formal solicitation or until one or more of the proposals have been awarded.

6.14. Disqualifications

The City of Winter Park reserves the right to disqualify bids/proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the Respondent.

Respondent also warrants that no one was paid or promised a fee, commission, gift, or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein.

6.15. Proposal Costs

Costs related to preparing a response to this formal solicitation are solely those of the Respondent, and the City assumes no responsibility for any such costs incurred by the Respondent.

https://procurement.opengov.com/login https://procurement.opengov.com/login

6.16. Protests & Procurement Policy

If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s

Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online on the City of Winter Park Procurement Division page.

In the event of any inconsistency or ambiguity between the terms of the Procurement Policy as compared with the terms of this document and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

If a Respondent prevails in a protest action, the City of Winter Park’s liability shall be limited to reimbursement of the actual bid costs (as defined in the section above entitled "Proposal Costs") proven to have been incurred and paid by the Respondent. No other damages, including but not limited to damages for lost profits, lost business opportunity, and/or compensatory or consequential damages of any type or special damages of any kind shall be due to or recovered by the prevailing vendor in a bid protest, even if the City awards the contract to another Respondent if the bid protester has failed to obtain an injunction against making such award.

Any party responding to a formal solicitation issued by the City that contends that another Respondent is disqualified from bidding for any reason, including the allegation that the other entity is not legally qualified to respond or lacks appropriate visa or citizenship status, may also raise such issue through the means of a protest. The bid protest shall be handled in the manner specified herein and in accordance with the terms of the Procurement Policy and Florida law applicable to municipal protests.

With respect to any assertion that another Respondent is not legally constituted or lacks proper citizenship or visa status, the protesting party shall offer proof of such fact before the contract award.

Such proof shall be subject to the requirements of admissible evidence under Florida law as determined by the City Attorney during the course of the protest proceedings.

6.17. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions and all

Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this

Agreement/Contract shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing and approved by the City Manager, Assistant City Manager, and/or City Commission in writing prior to taking effect.

6.18. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or Respondent under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of thirty-six

(36) months from the date of being placed on the convicted vendor list. The Respondent shall provide a Certification of Compliance regarding the Public Crime requirements.

https://cityofwinterpark.org/procurement

In submitting a proposal to the City of Winter Park, the Respondent offers and agrees that if the proposal is accepted, the Respondent will convey, sell, assign, or transfer to the City of Winter Park all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Winter Park. At the City of Winter Park’s discretion, such assignment shall be made and become effective when the purchasing agency tenders final payment to the Respondent.

6.19. Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, concerning all insurance policies, to waive all rights of subrogation against the City. The City of Winter

Park has contracted with myCOI to track and establish insurance compliance with the contract terms.

If awarded a contract, the Successful Respondent shall be required to register with myCOI.

Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida Statutes, Public

Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the

Summation of Insurance Requirements section. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

The City of Winter Park shall be included as an ADDITIONAL INSURED on all certificates and policies pertaining to this project, except for Workers' Compensation and Professional Liability

Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best's Key Rating Guide rate of no less than "A." This information will be verified at the City's discretion and may be grounds for disqualification if the information is not in order.

6.20. Licenses, Permits and/or Fees

It shall be the responsibility of the Successful Respondent to obtain all licenses and permits, as required, to complete this service at no additional cost to the City. Permits and the payment of related fees are required from the City within the scope of work in these specifications. Said fees paid for required building permits may be reduced by thirty-three percent (33%) for the City only. Fees paid for trade permits, including plumbing, electrical, gas, mechanical, and demolition permits, cannot be waived. The Successful Respondent is required to obtain the permits; however, the Successful

Respondent may inform the Building Division they are under contract with the City and request a reduction of the required fees as referenced above.

Payment of these fees does not relieve the Successful Respondent from the financial responsibilities or other requirements imposed by other governmental agencies relating to permits, licenses, or fees they may impose. This does not include waiving school impact fees or Competency Card License fees when applicable.

The Successful Respondent must obtain all necessary inspections, including building, plumbing, mechanical, and electrical. The Certificate of Occupancy must be obtained before occupancy, as the

Winter Park Building Department requires.

https://procurement.opengov.com/portal/cityofwinterpark/projects/131240/document?section=undefined

All other related Land Development Code requirements related to building projects must be observed, including, but not limited to, landscape, irrigation, lighting, and stormwater provisions. All required licenses and permits shall be disclosed by a true and correct copy thereof upon submission of the proposal and, after that, shall be readily available for review by the City (a reference to the “City” herein shall also mean any official or employee of the City acting in proper authority on behalf of the

City).

6.21. Termination/Cancellation of Contract

The City reserves the right to cancel the contract, at any time, without cause and without penalty, with a minimum of thirty (30) days' written notice.

Termination or cancellation of the contract will not relieve the Respondent of any obligations for any deliveries entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., that are required and not received).

Termination or cancellation of the contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Successful Respondent prior to the termination of the contract.

6.22. Termination for Default

The City’s Procurement Division shall notify, in writing, the Respondent of deficiencies or default in the performance of its duties under the Contract via email or otherwise to the address provided by the Successful Respondent in its proposal.

Three (3) separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default unless specified elsewhere in the solicitation, whether or not the Respondent has received notice of those instances of deficiency. It shall be at the City’s sole discretion whether to exercise the right to terminate.

Respondent shall not be found in default for events arising due to reasons classifiable under the category of Force Majeure.

6.23. Termination for City’s Convenience

The work performed under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative determines that such termination is in the

City's best interest. Any such termination shall be communicated by the delivery via email or otherwise to the address provided by Successful Respondent in its response to a Notice of Termination specifying the extent to which work performance under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, per the payment provisions, for services rendered up to the termination date.

The City shall have no other obligations to the Successful Respondent.

Successful Respondent shall be obligated to continue the performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

6.24. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the Respondent shall immediately remove the employee from the

City premises. The Successful Respondent will be held responsible for any damages, loss, or extra expenses caused by delays incurred by such actions. The Respondent shall certify that the firm has a drug-free workplace policy in accordance with section 287.0878, Florida Statutes. Failure to confirm this certification shall result in the rejection/disqualification of the response. See Drug-Free Workplace