Preferred_Caterers_for_the_Winter_Park_Events_Center.pdf

RFP15-25

PREFERRED CATERERS FOR THE WINTER PARK EVENTS

CENTER

DEADLINE FOR QUESTIONS: September 9, 2025

RESPONSE DEADLINE: September 18, 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

Preferred Caterers for the Winter Park Events Center

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

Attachments:

D - WPEC PARKING MAP 2024-25

E - Catering Kitchen Equipment List

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 Thursday, September 18, 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 ("City") is seeking qualified companies to provide catering services for the patrons of the Winter Park Events Center in accordance with the terms and conditions, specifications and service concepts outlined in this Request for Proposal (RFP). Up to six (6) full-line catering companies will be awarded catering contracts for exclusive food, beverage, and alcohol service. Exemption applies for groups of twenty-five (25) or less for simple, pre-prepared food items and non-alcoholic beverages that do not require use of the kitchen (i.e., continental breakfast, sandwiches, pizza, party trays, etc.).

1.2. 1.2. ........................................................................................... Background

Opened in 2022, the Winter Park Events Center is a stunning two-story venue designed to accommodate a variety of events. The highlights include a picturesque lakeside Grand Ballroom, a

Partially Covered Rooftop Terrace ideal for outdoor gatherings, a versatile Meeting Room, Dressing

Rooms, a full Kitchen, and a convenient 2nd Floor Kitchenette. With modern amenities and elegant architecture, it offers a memorable setting for weddings, corporate functions, and community events.

1.3. 1.3. ............................................................................... Contact Information

Madison Smith

Procurement Agent

401 South Park Avenue

Winter Park, FL 32789

Email: msmith@cityofwinterpark.org

Phone: (407) 599-3238

Department:

Parks & Recreation

1.4. 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.

RFP Issue Date August 14, 2025 https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark mailto:msmith@cityofwinterpark.org tel:(407)599-3238

Question Submission Deadline September 9, 2025, 2:00pm

Proposals Due to Procurement September 18, 2025, 2:00pm

Selection Committee Meeting –

Evaluation and Ranking

September 30, 2025, 9:00am

City Hall - Chapman Room

401 South Park Avenue

Winter Park, FL 32789

Final Ranking Meeting October 14, 2025

City Hall - Chapman Room

401 South Park Avenue

Winter Park, FL 32789

Anticipated Commission Award TBD

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 Thursday, September 18, 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 Thursday, September 18, 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/167493 mailto:procurement-support@opengov.com

2.3. 2.3. ....................................................... City is Not an Administrative Agency

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

2.4. 2.4. ......................................................................... Preparation of Proposals

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

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

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

#Vendor Questionnaire.

2.5. 2.5. ................................................................................. Proposal Submittal

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

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

Portal by 2:00 pm Thursday, September 18, 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.

2.6. 2.6. ..................................................................................... 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.

https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/167493/document?section=1536015 https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark

2.7. 2.7. ......................................................................................... 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.

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

3.1. 3.1. .....................................................................................City's Objectives

The City's principal objectives are to:

A. Provide client with reasonably priced, attractive, and high-quality food and beverage options that enhance their overall event experience at The Events Center; and

B. Enhance the Events Center’s profile by partnering with caterer(s) capable of developing and executing a creative marketing strategy to increase visibility, attract diverse clientele, and position The Events Center as a premier destination for events in the City of Winter Park.

3.2. 3.2. .......................................................................... Caterer Responsibilities

Caterer responsibilities are included, but not limited too:

A. All services performed and actions taken by any persons assisting in the performance of its services shall be deemed to be performed on behalf of Caterer, and such persons shall be subject to the same obligations and standards as Caterer under this Agreement.

B. Collection of all waste material, garbage and refuse, making sure that all work areas are left in a clean condition.

C. The Caterer shall comply with all applicable state, federal and local health laws, regulations, fire regulations, and licensing requirements, and agrees to permit inspections by the appropriate authorities at any reasonable time.

D. Coordination and compliance between Events Center Manager and Caterer.

E. Reporting any and all malfunctions or damage to City property immediately to the City staff on duty and in writing to the Events Center Manager within 24 hours.

F. Furnishing all items required for its service with the exception of those listed in Attachment

"D".

G. Caterer shall be responsible for payment to the City for any loss, breakage, malfunction, or damage—excluding normal wear and tear—to City property resulting from negligence, abuse, or improper use by its staff or representatives.

H. Prepare and submit a Banquet Event Order for each catered event to City staff no later than ten (10) business days prior to the event date.

I. Immediately notifying City staff:

1. Whenever caterer has been booked by a client of the Events Center; and

2. With confirmation to City staff of the event times, areas, and equipment to be used; and

3. Whenever it is anticipated that a client will make payments to Caterer "in kind" in lieu of money payments.

Every event must include a pre-shift meeting with all catering representatives and at least one (1) representative from the venue.

3.3. 3.3. ..................................................................................... Menus & Pricing

The City places a high priority on the variety, quality, and pricing of food and beverage offerings at the Winter Park Events Center. It is essential that catering services provide a diverse selection of menu options that accommodate a range of tastes, dietary needs, and budgets. The goal is to ensure accessibility and satisfaction for all clients by offering multiple price points without compromising on quality or presentation.

Each Caterer is required to submit sample menus that illustrate the types of food and pricing they are prepared to offer at the Winter Park Events Center. If the Caterer currently operates a restaurant or catering business, they must include a copy of their current operating menus as a reference.

All price quotes requested by clients are to be submitted to the client within seven (7) calendar days from their request and are to be fully complete and detailed. Each quote shall contain a description of all items to be charged (i.e., set-up, staffing, flatware, linens, etc.), with the corresponding prices and menu prices in detail. Any violations of these requirements will be cause for termination of the agreement.

Food & beverage service, including alcohol should be available if requested by a client.

3.4. 3.4. .................................................................... Outside Food and Beverage

Alcohol supplied by the client must be transferred into the Caterer’s possession prior to arriving on site at the venue. No transfers may be initiated on property or in the parking lot.

Cultural or special request food items that are not prepared by the Caterer must:

A. Be approved in advance by the Events Center Manager.

B. Be transferred into the Caterer’s possession for proper food handling prior to arriving on site at the venue. No transfers may be initiated on property or in the parking lot.

C. Include ingredient list for said food items and guarantee temperature meets ServSafe® standards.

When allowing subcontracted food vendors, Caterers assume liability for all food, beverage and service.

3.5. 3.5. ............................................................................................... Flexibility

The City expects Caterers to be flexible when working with clients relative to additional items, directly food related or not, which the client desires to complete on their own initiative (i.e. wedding cake or special desserts, dishes of ethnic or religious related foods, event planning, rentals, etc), all of which will first be approved by the City.

3.6. 3.6. .............................................................. Equipment Provided by the City

Attachment "D" of the RFP contains a list of equipment to be provided by the City. Any equipment in addition to that listed in Attachment "D" will be the sole responsibility of the caterer as well as any repair or replacement thereof.

Operating Management would ensure bookings were compatible so that the kitchens were used efficiently. It is not expected that two (2) catering companies would share a kitchen. Full building events are anticipated which include rental of both floors and one caterer would be using both kitchens for food service.

3.7. 3.7. ...................................................................................................... Fees

In this preferred catering model, a client will rent the Events Center from the City of Winter Park and the City will be giving clients a list of caterers permitted to work in the Events Center. Payment will be submitted to Caterer directly from client for services agreed upon. Caterers shall pay a user fee to the

City at a minimum of twelve percent (12%) of the Caterer's gross receipts from all food and beverage sales (server gratuity not included). Such payment shall be due and payable in accordance with the payment terms specified in the agreement attached to this RFP. The City will not be collecting payment from a client for food and beverage or arranging for catering. The City reserves the right to add

Caterers in the event a catering agreement is terminated or increased demand requires it, as determined by The Events Center Manager.

3.8. 3.8. ................................................................................................ Deposits

Caterer will provide a two-thousand dollar ($2,000) deposit upon award of contract which may be applied at the discretion of the Events Center Manager to expenses incurred as a result of damage to

City property or equipment, cleanup of facilities, or it may be applied to past due user fees and taxes.

Should either deposit be drawn upon, the Caterer must replenish the deposit in full within seven (7) days of being notified by the City. Failure to do so could result in termination of the agreement.

Deposits will be returned upon the completion/termination of the agreement unless stated above.

3.9. 3.9. ......................................... Personnel Training and Staffing Requirements

The Successful Respondent shall be fully responsible for ensuring that all agents and employees representing them are properly trained and vetted. The use of a temporary staffing agency is permitted with prior approval from the Facility Manager; however, all assigned personnel must receive appropriate training.

3.10. 3.10. .....................................................................................Subcontractors

All individuals performing work for the Caterer shall be classified in accordance with U.S.

Department of Labor definitions as either W-2 employees or 1099 independent contractors, and shall work under the Caterer’s direct supervision in compliance with all applicable taxes, benefits, and labor laws. At the City Manager’s or designee’s request, the Caterer shall immediately remove any employee, agent, or subcontractor from City property if, in the City’s reasonable discretion, their presence is not in the City’s best interest, or if they are under the influence, disruptive, or in violation of any law. The City reserves the right to request, inspect, and obtain copies of all employment-related documentation from the Respondent at any time. Any violation of this provision shall constitute grounds for immediate termination of employment and may result in legal action or other remedial measures as deemed appropriate by Respondent.

3.11. 3.11. ..................................................................... Staff and Vendor Parking

Catering staff and vendors are not to park in the on-site lots at the Winter Park Library and Events

Center. Reference Attachment "E", the most recent parking map for correct off-site parking options.

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.

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

DBE certification = 1.

4.3. 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.

5.1. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience and References

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. Must include letters of reference and list of professional contacts from similar public/private venues, including a review of the proposer’s actual events, food quality, service, and execution.

Respondents are evaluated based on the relevance of referenced venues.

References should be from rental facilities or similar venues, not from individual clients.

0-5 Points 20 (20% of Total)

2. Marketing Plan

Respondents are evaluated based on the demonstrated plan to market the

Winter Park Events Center.

0-5 Points 10 (10% of Total)

3. Plan for Operation of Service and

Staffing

Respondents will be evaluated based on the following criteria: the quality and feasibility of the proposed work plan, team structure and organization, demonstrated understanding of the scope of work, project management approach, communication plan, ability to meet the varied budgets, and capacity to deliver services within the required timeframe.

0-5 Points 20 (20% of Total)

4. Menu and Pricing Proposal

Respondents are evaluated based on the proposed competitive menus, pricing, array of services and options 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)

5. Caterer Questionnaire

Respondents will be evaluated based on their submitted responses to the questionnaire in Vendor Requirements &

Acknowledgement (Question 15).

0-5 Points 25 (25% of Total)

6. DBE Utilization

A current certificate issued by the

State of Florida is included with submitted materials.

0-5 Points 5 (5% of Total)

5.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Menu Accommodations and Food

Presentation

Respondents will be evaluated based on their ability to accommodate dietary needs and restrictions (i.e.

vegetarian, kosher, vegan, allergies, etc.), as well as attention to food presentation through photos or previous event portfolios.

The City may request a tasting before proceeding with final contract execution.

0-5 Points 35 (35% of Total)

2. Clientele Management and Schedule

Respondents will be evaluated on their ability to allocate sufficient staff and resources for events, as well as their availability, scheduling efficiency, and flexibility in accommodating event needs and changes.

0-5 Points 35 (35% of Total)

3. Quality of Engagement

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

0-5 Points 30 (30% 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 or products, including all prices for equipment, labor, and materials required to perform the work or deliver the product(s) specified herein. The Respondent, having familiarized itself with the local conditions and conditions listed here, proposes to furnish all labor, materials, equipment, and other items, facilities, and services, without exception, for the proper execution and completion of the contract and, if awarded the contract, to complete the required work or deliver the required product(s) as specified within the bid/proposal package set forth by the City of

Winter Park.

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

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

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

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

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

6.5. 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.

https://procurement.opengov.com/login

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

Proposal. Select "Unsubmit Proposal."

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

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

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

6.13. 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.

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.

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

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.