External_Auditing_Services.pdf

RFP12-25

EXTERNAL AUDITING SERVICES

DEADLINE FOR QUESTIONS: August 8, 2025

RESPONSE DEADLINE: August 19, 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

External Auditing Services

I. Introduction II. Proposal Preparation & Submittal

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

VI. Standard Terms & Conditions VII. Summation of Insurance Requirements

VIII. Vendor Requirements & Acknowledgement

1. 1. ..................................................................... Introduction

1.1. 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, August 19, 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, Florida invites Independent Certified Public Accountants to submit proposals for annual financial and compliance auditing services for the City of Winter Park and for the Winter Park Community Redevelopment Agency (CRA) for the fiscal year ending

September 30, 2025, and for each of the two (2) subsequent fiscal years. These audits are to be performed in accordance with auditing standards generally accepted in the United States of

America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S.

Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and

Audit Requirements of Federal Awards (“Uniform Guidance”); and Chapter 10.550, Rules of the

Auditor General.

1.2. 1.2. ............................................................................... Contact Information

Rebecca Watt

Contract Agent

Email: rwatt@cityofwinterpark.org

Phone: (407) 599-3315

Department:

Finance

1.3. 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 July 17, 2025

Pre-Proposal Meeting (Non-

Mandatory)

July 23, 2025, 9:30am

City Hall - Chapman Room

401 South 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

Question Submission Deadline August 8, 2025, 2:00pm

Proposals Due to Procurement August 19, 2025, 2:00pm

Selection Committee Meeting –

Evaluation and Ranking

August 28, 2025, 9:00am

City Hall - Chapman Room

401 South Park Avenue

Winter Park, Florida 32789

Final Ranking Meeting September 16, 2025

City Hall - Chase Room

401 South Park Avenue

Winter Park, Florida 32789

Anticipated Commission Award September 24, 2025

2. 2. .................................... Proposal Preparation & Submittal

2.1. 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.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in

OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for a Respondent's inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

2.2. 2.2. ........................................................................ Electronic Proposals Due

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

19, 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 pm Tuesday, August 19, 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.

https://procurement.opengov.com/portal/cityofwinterpark/projects/181786 mailto:procurement-support@opengov.com

2.3. 2.3. ................................................................ Optional Pre-Proposal Meeting

An optional Pre-Proposal Meeting will be held at 9:30 am on Wednesday, July 23, 2025 located at:

City Hall - Chapman Room 401 South Park Avenue Winter Park, Florida 32789

The purpose of this Pre-Proposal Meeting is to review the requirements and specifications for the above. All interested parties are required to attend this meeting.

2.4. 2.4. ....................................................... 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.

2.5. 2.5. ......................................................................... 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 Requirements & Acknowledgement.

2.6. 2.6. ................................................................................. 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, August 19, 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.

https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/181786/document?section=1674039 https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark

2.7. 2.7. ..................................................................................... Responsiveness

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

2.8. 2.8. ......................................................................................... Responsibility

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

Factors that the City may evaluate to determine “responsibility” include, but are not limited to:

excessively high or low-priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, Respondent's record of performance and integrity – e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A Respondent must always have sufficient financial resources, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request. The City reserves the right to inspect and review Respondent's facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information or the quality of the information will result in rejection.

3. 3. ............................................................. Scope of Services

3.1. 3.1. ............................................................... Description of the Government

A. Winter Park, Florida is a City Commission/City Manager form of municipal government, which offers a traditional mix of services to a population of approximately 31,000. The

City employs approximately 550 full-time employees and administers a combined annual budget of $233,500,000.

B. Copies of the City's Annual Comprehensive Financial Report (ACFR) and the CRA’s Annual

Financial Report for the fiscal year ended September 30, 2024, which both included unmodified audit opinions, as well as the 2023 Annual Budget, are available on the city's website. Audit schedules prepared by City staff are available for review upon request.

C. The City utilizes Tyler Technology’s MUNIS program for its enterprise resource planning software. All financial transactions of the CRA are also processed using MUNIS. Inquiry access to the system will be made available to the auditors. Almost all audit schedules prepared by City staff are in Microsoft Excel and can be provided to the auditors in electronic format.

D. Forvis Mazars LLP and its predecessor firm locally MSL CPA's and Advisors, performed audits for the fiscal years ending September 30, 2022, 2023, and 2024. The fee paid for the most recent audits was $65,000.

E. The City has no internal audit department. Finance Department personnel working on the audit includes the Finance Director and Assistant Finance Director both of whom hold a current CPA license as well as a Senior Accountant with an accounting degree. These individuals will prepare the audit work schedules, financial statements, and be available to assist with the preparation of any additional information needed.

F. The City is a recipient of various grants and anticipates requiring Federal and State Single

Audits in each of the next three (3) fiscal years.

G. The City’s fiscal year 2024 ACFR included six (6) major funds. These include the General

Fund, CRA Fund, COVID-19 Fund, Capital Projects Fund, Water and Sewer Fund, and

Electric Services Fund. These will also be the City’s only major funds for the foreseeable future. There are no distinctly presented component units.

H. The City’s Electric system annual operating revenues for 2024 were $47,600,000 and the

City serves about 15,700 electric customers.

I. The City’s Water and Sewer system’s 2024 annual operating revenues for 2024 were

$37,900,000 and it provides services to about 13,300 customers inside the city and another 10,500 outside of the city limits.

J. The City has received the Government Finance Officers Associations Certificate of

Achievement for Excellence in Financial Reporting for the past forty-four (44) years (fiscal years 1980 - 2020). It is anticipated that this award will also be received for fiscal year ending 2024. The Finance Director and staff intend to prepare the City’s Annual

Comprehensive Financial report and the CRA’s Annual Financial Report.

3.2. 3.2. ..................................................................... Performance Specifications

A. To be eligible to qualify as an external auditor, the following minimum requirements must be met:

1. The firm must have been established as a legal entity, be licensed in the State of

Florida, and the principals of the firm must have performed continuous CPA services for a minimum of five (5) years.

2. The firm must meet the independence and education requirements of the Government Auditing Standards issued by the Comptroller General of the United

States and Rules of Florida Board of Accountancy Chapters 455 and 473.

3. The firm must have no record of substandard audit work, identified in a disciplinary action by the Florida Board of Accountancy in the last ten (10) years.

4. The firm must have completed a quality control peer review within the past three (3) years.

B. The audit shall be performed in compliance with the following as they exist or as each may be subsequently amended:

1. Applicable Florida Statutes.

2. Generally Accepted Auditing Standards (GAAS).

3. Rules of the Auditor General, State of Florida, Chapter 10-550 (Local Government

Audits) and also any State or Federal guidelines, rules or regulations regarding the audits of State grants and aids appropriations.

4. Audits of State and Local Governmental Units (AICPA Audit Guide Revised).

5. Compliance Supplement, Office of Management and Budget.

6. United States Single Audit Act and Amendments.

7. Requirements of the Florida Single Audit Act.

8. Governmental Auditing Standards issued by the Comptroller General of the United

States.

9. Rules adopted Auditor General for form and content of local governmental unit audits.

a. Any other applicable federal, state, local regulations or professional guidance not specifically listed above, as well as any additional requirements which may be adopted by these organizations in the future.

C. The audits shall be financial audits as defined in Sec. 11.45(1)(c), Florida Statutes.

D. Field work, not including interim work, is to be completed in January and February in order to permit electronic delivery of the final, printed City ACFR to the City Commission (City

Charter requirement) and the Government Finance Officers Association by no later than

March 31. Formal presentation of the ACFR to the City Commission can occur in April if necessary. Commission meetings are held on the second and fourth Wednesday of each month. Delivery of the audit reports for the CRA is desired by the end of April. No formal presentation is required for the CRA Annual Financial Report.

E. All final documents provided by the auditors to be included in the financial statements will be submitted to the City by March 30, 2026. Final documentation will include the audit opinion, report on internal controls, compliance related to grant requirements, schedule of findings and questioned costs, management letter, independent accountant’s report, and any other reports deemed necessary. The City may choose to use these reports in financing disclosure documents with no additional fee for review of those documents.

F. The partner in charge of the audit and/or audit manager must be available to present the

ACFR to the City Commission in March or April and also be available to attend a pre-audit meeting and audit wrap up meeting with the City Manager if requested.

G. Working papers are the property of the auditor and should be held locally for a period of five (5) years. Working papers will be available for examination or duplication without charge to authorized City personnel as well as representatives of the cognizant Federal

Audit Agency, the General Accounting Office, the State of Florida Auditor General or the

State Board of Accountancy. They will be made available for examination or duplication at a reasonable charge to successor auditors engaged by the City.

H. The Auditor will agree to immediately notify the City if the Board of Accountancy or any other regulatory agency requests a review of the audit work papers concerning the City or any government client audited by the local office.

I. The Auditor will assist the City in complying with changes in reporting requirements to remain in conformity with Generally Accepted Accounting Principles. This includes technical assistance in the preparation of new statements and note disclosures.

3.3. 3.3. .......................................................... Request for Additional Information

The Respondent shall furnish such additional information as the City may reasonably require. This includes information that indicates financial resources as well as the ability to provide services.

The City reserves the right to make investigations of the qualifications of the Respondent or any of its agents, as it deems appropriate.

3.4. 3.4. .............................................................................. Billings and Payment

Progress payments not to exceed eighty percent (80%) of the total annual fee will be made on receipt of invoice from the Respondent, in accordance with a mutually agreed schedule. Final payment will be made upon receipt and acceptance of final audit reports, opinion letters and management letter.

3.5. 3.5. ................................................................................ On-Site Inspections

Respondents are welcome to inspect recent ACFRs, audit schedules prepared by Finance staff, and the current budget, or make on-site inspections of City facilities in connection with preparing proposals, provided that arrangements are made in advance with the Procurement Manager. The

Procurement Manager in cooperation with the Finance Director and the department(s) involved, will determine time and extent of such inspections.

3.6. 3.6. ........................................................................... Identical Tie Proposals

In accordance with Florida State Statute Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever the City receives two (2) or more proposals, which are equal with respect to price, quality and services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

4. 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. 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. 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.

4.3. 4.3. .................................................................... Initial Review of Responses

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

4.4. 4.4. ................................................................................... 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.

4.5. 4.5. ...................................................... Formal Oral Presentations/Interviews

The City may conduct formal interviews with or receive oral presentations from three (3) 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.

4.6. 4.6. .................................................................. Award Without Presentations

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

4.7. 4.7. ................................................... Presentation Scoring and Final Ranking

In the event that the Selection Committee previously elected to short-list Respondent, any rankings or scores assigned as part of the short-listing process shall not be binding on the

Selection Committee or its members as part of final evaluation and Selection Committee members may modify their scores for any and all Respondent and scoring categories as they deem appropriate in their sole discretion.

4.8. 4.8. ......................................................................... 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. 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. Qualifications of the Firm

Respondents are evaluated based on their experience on similar projects, the quality of those projects, the schedule, problems encountered, and the means to solve them.

0-5 Points 30 (30% of Total)

2. Experience of Project Staff

Respondents are evaluated based on the qualifications and relevant experience of the key personnel and consultants proposed for the project.

This includes relevant knowledge and experience on similar projects that will translate into the successful execution of the project.

0-5 Points 25 (25% of Total)

3. 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 20 (20% of Total)

4. Project Approach

Respondents are evaluated based on the work plan, team organization, understanding of the scope of work, project management, and communication plan, ability to meet budget, and provide services in a timely manner.

0-5 Points 15 (15% of Total)

5. References

Respondents are evaluated based on the relevance of referenced projects to the scope and objectives of this

RFP.

0-5 Points 10 (10% of Total)

6. 6. ........................................... Standard Terms & Conditions

6.1. 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. 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. 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, including all prices for 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, 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 proposal package set forth by the City of Winter Park.

6.4. 6.4. ....................................................................................... Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for thirty-six (36) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

6.5. 6.5. .............................................................................. 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).

6.6. 6.6. .................................................................................... 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.

6.7. 6.7. .................................................................................................... Taxes

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

8012621708C-8.

6.8. 6.8. ................................................................................................ 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.

6.9. 6.9. .............................................. 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.

6.10. 6.10. .................................................................................... 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.

6.11. 6.11.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.

6.12. 6.12. ................................................................. 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. If an RFP or RFQ procurement, including but not limited to procurement under CCNA (s.

287.055), the City may negotiate a contract or purchase that deviates from the Proposal submitted in the interest of the City.

6.13. 6.13. ................................................................................... 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.

6.14. 6.14. ..................................................................................... 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

6.15. 6.15. .............................................................. 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.

6.16. 6.16. .......................................................................................... 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.

6.17. 6.17. ............................................................................. 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.

6.18. 6.18. ........................................................................ 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…