PublicPrivatePartnershipParkingGarageDevelopment.pdf

Procurement

Solicitation

RFQ26-20

PUBLIC PRIVATE PARTNERSHIP - PARKING GARAGE

DEVELOPMENT

DEADLINE FOR QUESTIONS: July 3, 2026

RESPONSE DEADLINE: July 15, 2026, 2:00 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 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 QUALIFICATION

Public Private Partnership - Parking Garage Development

1. Introduction

2. Definitions

3. Proposal Preparation & Submittal

4. Qualifications and Requirements

5. Evaluation Procedure

6. Evaluation Criteria

7. Standard Terms & Conditions

8. Vendor Requirements & Acknowledgment

9. Attachments

Attachments:

A - Winter Park Parking Study Update_ March 2024

B - Parking Garage Design Guidelines

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by the City of Winter Park's eProcurement portal on or before 2:00 pm Wednesday, July 15, 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 eProcurement portal, which shall be scrupulously observed.

Under no circumstances shall the City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park is seeking qualifications from experienced teams interested in partnering to deliver a structured parking facility utilizing the City Hall parking lots through a Public-Private Partnership (P3).

1.2. Background

This RFQ is intended to identify qualified and interested teams with the capability to design, finance, construct, and potentially operate the Project. This RFQ is the first step in a two-phase procurement process:

• RFQ (Qualifications) - Identify experienced teams capable of developing and presenting a well-conceived concept.

• RFP (Proposal) - Invite shortlisted teams to submit detailed concepts.

1.3. Contact Information

Jennifer Maier Procurement Manager Email: jmaier@cityofwinterpark.org Phone: (407) 599-3267

Department:

Procurement

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 meeting requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

Release Date May 15, 2026

Question Submission Deadline July 3, 2026, 5:00pm https://procurement.opengov.com/portal/cityofwinterpark mailto:jmaier@cityofwinterpark.org tel:(407)599-3267

Proposal Submission Deadline July 15, 2026, 2:00pm

Selection Committee Meeting (Non- Mandatory)

August 4, 2026, 10:30am

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

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 Qualification 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 Qualification, 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 Qualification 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 Qualification 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 Qualification advising them of the City's decision for its selection of the Successful Respondent and its intent to award to that Respondent.

Request for Qualification 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 Qualification. Respondent is interchangeable with Vendor, Consultant, Firm, Bidder, and Contractor.

Responsive means a Proposal that conforms in all material respects to the Request for Qualification 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 Qualification, 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, and recommend the Successful Respondent to the 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 Qualification.

3. Proposal Preparation & Submittal

3.1. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's public eProcurement 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 an Offeror’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 the City's eProcurement portal by 2:00 pm Wednesday, July 15, 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, for any reason, are not so submitted will not be considered. All proposals received after 2:00 pm Wednesday, July 15, 2026 will not be accepted. Under no circumstances will the City 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 by the Respondent via the City's eProcurement portal and 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 their experience and qualifications and the entity’s financial ability to carry out the terms of any resulting contract.

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

3.5. Proposal Submittal

Proposals shall be submitted directly to the City's eProcurement 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/266195 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/266195/document?section=2562916 award. It is the Respondent’s sole responsibility to be sure its response is submitted directly to the City's eProcurement portal by 2:00 pmWednesday, July 15, 2026, and that the response is properly submitted as required. 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 Qualifications ("RFQ"). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFQ. A responsive proposal is one that follows the requirements of the RFQ, 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: 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. Qualifications and Requirements

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

4.1. Overview

The City is intentionally maintaining a non-prescriptive approach at this stage. Developers will have the opportunity to:

• Propose the most effective development program,

• Introduce creative design and layout solutions,

• Structure financing in a way that works for their model,

• Identify opportunities to enhance long-term value.

Within defined parameters, the City is seeking market-driven solutions, not a one-size-fits-all project.

Respondents are encouraged to propose a structure that aligns with their investment approach while meeting the City's core parking needs.

4.2. Project Context & Objectives

The Project must address existing and ongoing parking demand, including but not limited to:

• 145 dedicated parking spaces to support City Hall employees and operations.

• 120 additional parking spaces to support ongoing public parking demands.

• Visitor and Public Parking - Most recent Parking Study (2024) included as Exhibit "A."

• Local parking program to support Park Avenue merchants.

In addition to the required parking components, the Project may incorporate other compatible uses, including:

• Uses permitted in the Central Business District (CBD Zoning), zoning district.

• Uses permitted in the Public and Quasi-Public District (PQP) district.

The City desires a project that will serve as a long-term public asset. The Project should contribute positively to the surrounding area, maintaining the charm and character of the CBD while improving overall functionality, accessibility, and long-term parking capacity. All proposals should be thoughtfully integrated with the existing built environment and comply with the Parking Garage Design Guidelines (Exhibit "B").

4.3. Minimum Expectations / Guidance for Respondents

While the City is not prescribing a specific development program at this stage, Respondents should be guided by the following baseline expectations:

• The Project should enhance the City's existing parking supply, with a preference for a measurable increase in publicly accessible spaces.

https://library.municode.com/fl/winter_park/codes/code_of_ordinances?nodeId=PTIICOOR_CH58LADECO_ARTIIIZO_S58-75CEBUDICB https://library.municode.com/fl/winter_park/codes/code_of_ordinances?nodeId=PTIICOOR_CH58LADECO_ARTIIIZO_S58-79PUQUBLPQDI

• The Project should accommodate City Hall parking needs (employees/visitors).

• Public and visitor parking should remain a core component of the Project, not incidental to private development.

• The Project should fit within the City Codes with minimal to no need for a variance.

• Any developer-driven parking demand should be clearly identified and balanced against the Project's public benefit.

• The Project should be operationally efficient, with logical access, circulation, and shared-use operationally efficient, with logical access, circulation, and shared-use opportunities.

• The overall concept should reflect a high-quality design compatible with the surrounding area.

These expectations are intended to provide clarity while preserving flexibility and encouraging innovative, market-driven solutions.

The City is open to a variety of partnership and financing models, including:

• Privately financed structures

• Hybrid public-private participation

• Alternative revenue strategies

4.4. Developer Concept & Park Program (Preliminary)

As part of the qualification's submittal, Respondents shall provide a high-level conceptual overview of their proposed parking strategy and overall project approach. While detailed design is not required or requested at this stage, the City expects sufficient information to understand how the Project will function and meet both public and private needs.

At a minimum, Respondents should address the following:

A. Project Intent and Use

1. Description of the intended use and operational approach for the parking facility. If proposing as a partnership or joint venture, teams must clearly identify all partner organizations and define their respective roles and responsibilities.

2. Identify and complementary uses or components proposed, if applicable.

B. Net Parking Impact Clearly identify:

1. Total number of new parking spaces proposed (minimum 120)

2. Number of spaces allocated to:

a. City Hall employees and visitors

b. Public/Visitor parking

c. Developer, tenant, or private use

i. Please clarify whether those spaces can be made available as additional public parking during nights, weekends, and other off-peak times for the new development.

C. Operation Approach

1. Approach to shared parking, access, and circulation.

2. Any anticipated restrictions, reserved area, or priority users.

D. Flexibility and Phasing (if applicable)

1. Ability to scale or phase parking supply over time (i.e., shared parking).

2. Opportunities to accommodate future City needs.

E. The ability to fund, finance, or cost-share the Project

F. Qualified Past Experience

1. Demonstrate the completion of similar or equally scaled project(s).

5. Evaluation Procedure

5.1. Evaluation

It is the intent of the City that all firms responding to this RFQ 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 response along with the required information and documentation will have their response evaluated and scored based on the evaluation criteria set forth herein.

Further, each response will be evaluated for full compliance with the RFQ instructions and the terms and conditions set forth within the RFQ document. Responses will be scored and ranked in accordance with the weighting and grading specified in the Evaluation Criteria. Responses will be evaluated, and an award made to the Respondent who is determined to be the most advantageous to the City in terms of quality of service, qualifications, and capabilities to provide the specified services and comply with the applicable conditions of this RFQ and the resulting 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 to 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 selection committee member’s total score into a ranking, with the highest score ranked first, the second-highest score ranked second, etc. Once converted, the selection committee member’s ranking for each firm will be entered into a shortlist summary. The total score recorded on the summary sheet will determine the shortlist ranking.

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 responses determined to be responsive.

B. The selection committee will then rank the responses of those firms based on their submittals, emphasizing City needs to determine a shortlist.

https://procurement.opengov.com/portal/cityofwinterpark/projects/266195/document?section=2562910

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 scope provision but lacks 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 prior 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 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 Qualification.

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 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 promptly, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER OF

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

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

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

DISQUALIFICATION.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Concept & Community Benefit

Respondents are evaluated based on the overall project concept, creativity, and ability to provide meaningful value to the community. Consideration will be given to how well the proposal aligns with the City's goals, enhances community, and delivers long-term benefits to residents, businesses, and visitors.

0-5 Points 40 (40% of Total)

2. Number of Net New Parking Spaces

Respondents will be evaluated based on the total number of additional parking spaces included in the proposal and the overall effectiveness of the parking solution. Consideration will be given to how the proposed parking improvements accommodate current and future demand, and provide added value to the surrounding area and community.

0-5 Points 20 (20% of Total)

3. Ability to Fund, Cost Share, and Financial Stability

Respondents will be evaluated based on their financial capacity to successfully complete and sustain the project.

Consideration will be given to demonstrated financial stability, availability of funding sources, willingness to provide cost sharing, and overall ability to support the project through completion and ongoing operations, if applicable.

0-5 Points 20 (20% of Total)

4. Team Experience & History with Similar Projects

Respondents will be evaluated based on their qualifications, experience, and past performance on projects of similar size, scope, and complexity. Consideration will be given to the team's demonstrated expertise, successful project delivery history, relevant technical capabilities, and ability to effectively manage and complete the proposed project.

0-5 Points 20 (20% of Total)

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 made in writing at least seven (7) working days prior to the opening 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 responsive, responsible Respondent whose proposal provides the best value to the City.

7.3. 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. Payment shall be made by the City 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, and the invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or RFQ 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).

7.4. 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 by the purchasing card in the same manner as other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment.

7.5. Taxes

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

7.6. 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.

7.7. Minor Informalities or Irregularities in Bids

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

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

B. Sign its bid, but only if-

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

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

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

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

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

7.8. 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 most responsive, responsible Respondent who submits a proposal meeting specifications in a way deemed most advantageous and of 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 with respect to 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 purposes of making an award.

7.9. Proposal or Contract Terms at Variance with This Document and the RFQ 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 proposal but without the contractual terms that were included in the RFQ and which are inconsistent with or different from the language in this invitation, and the specifications and this document so long as the proposal is otherwise responsive to this document and the specifications with the inconsistent language stricken.

The Respondent hereby agrees that by making a submission based upon this RFQ, any term or condition inconsistent with this document or the 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 attorneys 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 the 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 bid 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 bid 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.

7.10. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a proposal, login 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, log in 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.

7.11. Disqualifications

The City of Winter Park reserves the right to disqualify 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. See Non-Collusion Statement in Vendor Requirements & Acknowledgment section.

7.12. Proposal Costs

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

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

7.13. 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 at the City of Winter Park Procurement Division website.

In the event of any inconsistency or ambiguity between the terms of the Procurement Policy & Procedures Manual 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 type shall be due to or recovered by the prevailing vendor in a bid protest, even if the contract is awarded by the City 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, and 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 prior to the award of the contract, and 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.

7.14. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions, as well as 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.

7.15. 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 https://cityofwinterpark.org/departments/administration/procurement/ 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 acceptable, 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 at the time the purchasing agency tenders final payment to Respondent.

7.16. Licenses, Permits and/or Fees

It shall be the responsibility of the successful Respondent to obtain all licenses and permits, as required, to complete this service at no additional cost to the City. Permits and the payment of related fees are required from the City within the scope of work in these specifications. Said fees paid for required building permits may be reduced by thirty-three percent (33%) for the City only.

Fees paid for trade permits, including plumbing, electrical, gas, mechanical, and demolition permits, cannot be waived. The successful Respondent is required to obtain the permits; however, the successful Respondent may inform the Building Division they are under contract with the City and request a reduction of the required fees as referenced above.

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

The successful Respondent is required to obtain all necessary inspections, including building, plumbing, mechanical, and electrical inspections, and the Certificate of Occupancy must be obtained prior to occupancy as is required by the Winter Park Building Division.

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 thereafter, shall be readily available for review by the City (reference to the “City” herein shall also mean any official or employee of the City acting in proper authority on behalf of the City.)

7.17. Termination/Cancellation of Contract

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

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

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

7.18. Termination for Default

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

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

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

7.19. Termination for City’s Convenience

The performance of work under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be communicated by the delivery via email or otherwise to the address provided by Successful Respondent in its response to a Notice of Termination specifying the extent to which the performance of work under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date, and the City shall have no other obligations to Successful Respondent.

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

7.20. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the employee shall be immediately removed from the City premises by the Respondent. The Successful Respondent will be held responsible for any damages, loss, or extra expenses caused by delays incurred by such actions. The Respondent shall certify that the firm has a drug-free workplace policy in accordance with section 287.0878, Florida Statutes.

Failure to submit this certification shall result in the rejection/disqualification of the bid. See Drug- Free Workplace Acknowledgment in the Vendor Questionnaire section.

7.21. Indemnification

The Successful Respondent shall be required to provide certain indemnifications in favor of the City and its employees and elected and appointed officials and officers in substantially the following form:

Successful Respondent agrees to indemnify and hold harmless the City, its employees, and elected and appointed officials and officers from all claims, judgments, damages, losses, and expenses, including reasonable attorneys’ fees, experts’ fees, and litigation costs incurred at all trial and appellate levels with attorneys and experts selected by the City, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement to the extent caused in whole or part by any negligence, recklessness, or intentional wrongful misconduct of the Successful Respondent or persons employed or utilized by the Successful Respondent in the performance of any services or work rendered under this Agreement. If the type of services or work being performed under this Agreement requires a maximum monetary limit of indemnification under the general law, then the maximum monetary limit under this section and other indemnifications contained within this Agreement shall be two million dollars ($2,000,000) per occurrence, which the City and Successful Respondent agree bears a commercially reasonable relationship to this Agreement; otherwise, there is no maximum limit of indemnification.

Successful Respondent shall indemnify and hold harmless the City from and against any and all claims against the City, or any of its officials, officers, and employees, by any employee of the Successful Respondent or of any subcontractor arising out of or concerning the services or work performed under the Agreement between the City and the Successful Respondent. The indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Successful Respondent or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

In the event these indemnification provisions or any other indemnification provision of the Agreement is deemed inconsistent with any statutory provision or common law principle, such indemnification provisions shall be severable and survive to the greatest extent possible to protect the City and the City’s employees and elected and appointed officials and officers under Florida law.

The required indemnifications shall survive the termination, cancellation, or expiration of the Agreement and shall not be limited by reason of any insurance coverage.

7.22. Accidents & Claims

The Successful Respondent shall be held responsible for all accidents and shall indemnify, hold harmless, and protect the City from all suits, claims, and actions brought against the City or its officials, representatives, agents, officers, and employees, and all costs, damages, or liabilities to…