Procurement

Solicitation

RFP26-12

OUTAGE MANAGEMENT SYSTEM (OMS) AND FIELD

OPERATIONS SOLUTION

DEADLINE FOR QUESTIONS: March 23, 2026

RESPONSE DEADLINE: April 3, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Sealed responses must be submitted electronically via the City’s e- Procurement Portal on or before the date and time referenced above. Any responses received after 3:00 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

Outage Management System (OMS) and Field Operations Solution

1. Introduction

2. Definitions

3. Proposal Preparation & Submittal

4. Scope of Services

5. Evaluation Procedure

6. Evaluation Criteria

7. Standard Terms & Conditions

8. Summation of Insurance Requirements

9. Vendor Requirements & Acknowledgement

10. Attachments

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 3:00 pm Friday, April 3, 2026. 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’s Electric Utility is seeking proposals for an enterprise electric distribution Outage Management

System (OMS) and related field operations solutions to support reliable electric service and efficient restoration activities. The goal of this project is to improve outage visibility, coordination between operations and field crews, system integration, and communication during outage events.

The selected solution should support outage tracking, outage management, field mobility, live outage tracing, GIS integration, AMI integration, outage mapping, system integrations, electric distribution system modeling, text notifications, and reporting, along with implementation, onsite training, and ongoing support. This project will be procured through a competitive process, and the City is interested in solutions that are proven, scalable, and well-suited for electric utility operations.

1.2. Background

The Electric Utility is seeking to improve outage response, field coordination, and system visibility through an integrated OMS and field operations solution. The goal is to support efficient day-to-day operations and effective response during major outage events with a reliable, easy-to-use platform.

1.3. Contact Information

Rebecca Watt Contract Agent 401 S Park Ave Winter Park, FL 32789 Email: rwatt@cityofwinterpark.org Phone: (407) 599-3315

Department:

Electric Utility

1.4. 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.

Release Date March 3, 2026 https://procurement.opengov.com/portal/cityofwinterpark mailto:rwatt@cityofwinterpark.org tel:(407)599-3315

Question Submission Deadline March 23, 2026, 3:00pm

Proposal Submission Deadline April 3, 2026, 3:00pm

Selection Committee Meeting (Non- Mandatory)

April 14, 2026, 1:30pm

City Hall - Chase Room 401 S Park Ave Winter Park, FL 32789

Oral Presentations April 24, 2026

Final Ranking Meeting (Non- Mandatory)

April 24, 2026

City Hall - Chapman Room 401 S Park Ave Winter Park, FL 32789

Anticipated Commission Award TBD

2. Definitions

Addenda means a written or graphic instrument issued by the City prior to the execution of the Agreement which modify or interpret the Request for Proposal by additions, deletions, clarifications, corrections or other type of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

Agreement means a legal document, executed by the City and the Successful Respondent, which supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement, as amended from time to time, forms the Contract between City and the Successful Respondent, setting forth the roles, responsibilities, and obligations of the parties, including, but not limited to, the performance of the Services and the basis of payment.

City means City of Winter Park, its officers, employees, agents, and volunteers.

Contract Documents means the Request for Proposal, including Addenda to such, the Agreement, including Addenda to such, Respondent's Proposal, Scope of Services, Certificate(s) of Insurance, Notice of Intent to Award, Notice of Award, and any other documents mailed, e-mailed or otherwise transmitted to the Respondent prior to or after the submittal of their Proposal, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents.

F.S. means the Florida Statutes, the version in effect on the effective date of Agreement, unless otherwise indicated.

Minor Irregularity means a variation from the Request for Proposal terms and conditions which does not affect the price or give the Respondent an advantage or benefit not enjoyed by the other Respondents or does not adversely impact the interests of the City.

Notice of Award means a written notice submitted by the City notifying the Successful Respondent that they have been awarded the contract.

Notice of Intent to Award means a written notice submitted by the City notifying the Successful

Respondent that the City intends to award the contract to them, contingent upon the Successful Respondent executing the Agreement and submitting any outstanding documents.

Notice to Proceed means a written notice issued by the City to the Successful Respondent fixing the date on which the Successful Respondent shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract Documents.

Proposal means the response to the Request for Proposal submitted by the Respondent.

Recommendation of Award means a written notification sent by way of facsimile or electronic e-mail to those who submitted a Proposal in response to this Request for Proposal advising them of the City's decision for its selection of the Successful Respondent and its intent to award to that Respondent.

Request for Proposal means the contents of this solicitation and all supporting documents, including Addendum to such, or other related information transmitted to Respondents.

Respondent means the entity that submits a Proposal to the City in response to the Request for Proposal. Respondent is interchangeable with Vendor, Consultant, Firm, Bidder, and Contractor.

Responsive means a Proposal that conforms in all material respects to the Request for Proposal requirements.

Responsible Respondent means a Respondent who shows that they have the capability in all respects to perform fully the Services outlined in the Request for Proposal, and the integrity and reliability that will assure good faith performance.

Selection Committee means City employees selected to evaluate and score the Proposals and Oral

Presentation (if applicable) and recommend the Successful Respondent to the City Commission for an award.

Services means all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the Respondent to execute and complete the requirements of the Services outlined in the Contract Documents, including those prescribed or implied.

Subcontractor means an entity having a direct Contract with the Successful Respondent or with any other Subcontractor of the Successful Respondent who will provide product(s) or Services(s) for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Contractor.

Successful Respondent means the Respondent to whom the City awards an agreement based on the City's evaluation of the Respondents' qualifications and pricing as hereinafter provided.

Timeline means the list of critical dates and actions involved in the Request for Proposal.

3. Proposal Preparation & Submittal

3.1. 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.

3.2. Electronic Proposals Due

Electronic responses must be submitted via City's Procurement portal by 3:00 pm Friday, April 3, 2026. 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 3:00 pmFriday, April 3, 2026 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.

3.3. 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.

3.4. 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 within the Vendor Requirements & Acknowledgement section.

3.5. 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 https://procurement.opengov.com/portal/cityofwinterpark/projects/238410 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/238410/document?section=2270138 award. It is the Respondent’s sole responsibility to be sure its response is submitted directly to the City's Procurement Portal by 3:00 pm Friday, April 3, 2026. 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.

3.6. 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.

3.7. 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.

4. Scope of Services

The terms “Vendor” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

4.1. Outage Management and Field Operations Solution

The City’s Electric Utility is seeking proposals for an integrated Outage Management System (OMS) and field operations solution to support electric utility operations. The Successful Respondent will provide a comprehensive system that supports outage detection, analysis, response, restoration, and coordination between operations staff and field crews.

The scope of work includes providing an enterprise OMS with tools for outage tracking, crew assignment, estimated restoration times, cause and restoration updates, and reporting. The solution must support real-time operational workflows and be suitable for use during both routine operations and major outage events.

The solution must include mobile and field-based functionality to support field crews, including access to system data, mapping, outage information, and field notes. Field users should be able to view and update outage-related information from mobile devices as appropriate.

The scope also includes integration with Geographic Information System (GIS) data to support accurate network visualization, tracing, and analysis. Successful Respondent must support integration with existing utility systems, which may include GIS, AMI, customer information systems, and other operational platforms. Data conversion and migration services required for implementation must be included.

The solution shall support customer and personnel notifications related to outages and restoration activities. This may include configurable notifications through multiple communication channels, as well as administrative tools to manage notification workflows.

Successful Respondent shall provide all services necessary for successful implementation, including system configuration, testing, training, and go-live support. Ongoing technical support, maintenance, and software updates must be included for the duration of the contract.

Successful Respondent are expected to propose a proven, scalable solution appropriate for electric utility operations and to clearly identify all software, services, and support included within their proposal.

5. 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, form verification, professional licensing, references, past performance, and other relevant criteria.

5.1. 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.

5.2. 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, third 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.

5.3. 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, form verification, professional licensing, references, past performance, and other relevant criteria.

5.4. Selection Process

The selection process is as follows:

A. The Selection Committee will evaluate all proposals that 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(s).

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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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.

6. 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.

Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience

Respondents will be evaluated on their experience with projects of similar size, scope, and complexity, including the successful implementation of Outage Management Systems (OMS) for comparable utilities. Including experience with underground electric distribution systems, storm response and restoration performance, and the ability to effectively address project challenges.

0-5 Points 20 (20% of Total)

2. Key Project Personnel

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 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 Approach, Delivery, and OMS System Capabilities

Respondents will be evaluated on their understanding of the scope, project management approach, team organization, communication, and ability to deliver on schedule and within budget. This includes OMS capabilities such as outage detection and restoration, switching analysis, crew and workflow management, and overall system scalability, redundancy, and performance.

0-5 Points 25 (25% of Total)

5. Cost Proposal and Total Cost of Ownership

Respondents will be evaluated on the overall cost-effectiveness of their proposal to provide the required services. Pricing shall clearly identify software licensing, implementation, maintenance and support fees, and long-term ownership costs. Any proposed omissions from the scope of work must be fully disclosed and explained within the Proposal.

0-5 Points 25 (25% of Total)

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Quality of Engagement

Respondents will be evaluated based on their ability to engage and respond effectively to the committee's questions and comments.

2. Understanding of City Needs and System Integration

Respondents will be evaluated on their demonstrated understanding of the City’s operational needs and objectives, as well as their ability to integrate with existing utility systems. This includes compatibility with GIS platforms, SCADA/ADMS data ingestion, CIS, AMI, and IVR interfaces, and the ability to maintain data accuracy, synchronization, and minimal latency across systems.

0-5 Points 25 (25% of Total)

3. Implementation Methodology and Project Management

Respondents will be evaluated on the clarity and effectiveness of their implementation approach, including defined project phases and timeline, required utility resources, data migration and validation processes, and support for testing, cutover, and go-live activities to ensure a successful deployment.

0-5 Points 25 (25% of Total)

4. Training, Support, and Lifecycle Services

Respondents will be evaluated on their ability to provide comprehensive initial and ongoing training, a clearly defined support structure with appropriate coverage, escalation procedures, and response times, and a proactive approach to software updates, enhancements, and cybersecurity. This includes Respondent’s long-term product roadmap and commitment to sustaining, improving, and supporting the system throughout its lifecycle.

7. Standard Terms & Conditions

7.1. 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.

7.2. 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.

7.3. 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.

7.4. 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.

There shall be the option of renewal for a possible first and second 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.

7.5. 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).

7.6. 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.

7.7. Taxes

The City is exempt from Federal Excise and Sales taxes—tax exemption number: State #85- 8012621708C-8.

7.8. 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.

7.9. 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.

7.10. 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.

7.11. 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.

7.12. 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.

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

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.

7.14. 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.

7.15. 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.

7.16. 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.

https://cityofwinterpark.org/procurement

7.17. 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.

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.

7.18. 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 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.

7.19. 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 https://procurement.opengov.com/portal/cityofwinterpark/projects/238410/document?section=undefined 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.

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…