ResidentialEnergyAuditServices.pdf

Procurement

Solicitation

IFB26-21

RESIDENTIAL ENERGY AUDIT SERVICES

DEADLINE FOR QUESTIONS: June 11, 2026

RESPONSE DEADLINE: June 22, 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

INVITATION FOR BID

Residential Energy Audit Services

1. Introduction

2. Definitions

3. Bid Preparation & Submittal

4. Scope of Services

5. Standard Terms & Conditions

6. Summation of Insurance Requirements

7. Pricing Proposal

8. Vendor Requirements & Acknowledgement

9. Attachments

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by City of Winter Park's eProcurement portal on or before 2:00 pm Monday, June 22, 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 City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park is seeking an accredited company to conduct energy audits of residential units within the City and identify potential upgrades to increase energy efficiency for residents. The Successful Respondent appointed by the City must have specific experience conducting such assessments. The City is conducting a citywide campaign to promote energy efficiency and will promote its energy audit program to residents to foster widespread participation in this project. The Successful Respondent also agrees to partner with the City of Winter Park Sustainability staff to develop educational and marketing materials.

1.2. Contact Information

Madison Smith Procurement Agent 401 South Park Avenue Winter Park, FL 32789 Email: msmith@cityofwinterpark.org Phone: (407) 599-3238

Department:

Natural Resources & Sustainability

1.3. Timeline

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

Release Date May 21, 2026

Question Submission Deadline June 11, 2026, 2:00pm

Bid Submission Deadline June 22, 2026, 2:00pm mailto:msmith@cityofwinterpark.org tel:(407)599-3238

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 Invitation for Bid 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.

Bid or Proposal means the response to the Invitation for Bid submitted by the Respondent.

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

Contract Documents means the Invitation for Bid, 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.

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

Minor Irregularity means a variation from the Invitation for Bid 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.

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

Respondent means the entity that submits a Proposal to the City in response to the Invitation for Bid.

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

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

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

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 Invitation for Bid.

3. Bid Preparation & Submittal

3.1. Obtain Documents

Documents can be downloaded by visiting the City's 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 at 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 Responses Due

Electronic responses must be submitted via the City's Procurement Portal by 2:00 pm Monday, June

22, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted at the proper time to the City's Procurement Portal. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 2:00 pm Monday, June 22, 2026 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be opened and acknowledged immediately following proposal due date and time.

All proposals will be opened and acknowledged immediately following proposal due date and time.

Pursuant to Florida Statute 119.071 (1)(b)1. a., sealed bids, electronic proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

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 bid procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

3.4. Preparation of Bids

Bids shall be submitted using the Procurement Portal unless otherwise requested within the specification. Complete each item requested and submit one (1) original electronic copy in the City's Procurement Portal. Bids shall be submitted electronically by the Respondent where the Respondent is a corporation, limited partnership, limited liability company, or 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 (Microsoft Word or Adobe) shall be submitted within the Vendor Requirements & Acknowledgement.

https://procurement.opengov.com/portal/cityofwinterpark/ mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark/projects/266981/document?section=2571115

3.5. Bid Submittal

Bids shall be submitted directly to the City's Procurement Portal. Submit bid in accordance with the instructions listed herein regarding the time 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 to the City's Procurement Portal by 2:00 pm

Monday, June 22, 2026. The City will not be responsible for any bid submitted incorrectly or formatting errors.

All bids must be prepared and submitted in accordance with the instructions provided in this Invitation for Bid ("IFB"). Each bid received will be reviewed to determine if it is responsive to the submission requirements outlined in the IFB. A responsive bid follows the requirements of the IFB, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments required. Failure to comply with these requirements may deem your bid non-responsive.

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.

4. Scope of Services

The City of Winter Park is seeking bids for Residential Energy Audit Services and is open to all parties that meet the requirements of this solicitation. The terms “Vendor” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

4.1. Scope of Work - Residential:

For each residential unit, the work to be performed by the Successful Respondent includes:

• Upon receipt of a customer audit request and customer usage data provided by the City, a Successful Respondent will schedule an audit with the customer in a timely manner and notify the City of the scheduled audit. Respondent also agrees to contact the customer at least 24 hours prior to the scheduled audit to provide a reminder.

• Submit invoices, in approved format, on at least a monthly basis.

• Comparison of annual usage, identifying abnormal usage patterns, possible causes, and potential solutions;

• Testing of all combustion appliances (including, but not limited to, furnaces, boilers, and water heaters) for efficiency, flue gas spillage, carbon monoxide, and fuel leaks using a combustion analyzer;

• Testing for gas leaks in all pipes within the home using a gas leak detector;

• Performing visual inspection and note any unvented appliances (including dryer vent), moisture issues, mold, and asbestos;

• Dryer vent cleaning and inspection;

• Blower door and infiltration testing;

• Thermal imaging;

• Performing visual inspection of entire home to determine potential upgrades and recommendations regarding the following:

o Heat Pump replacement o Duct leakage testing and repair o Window leakage and solar heat gain analysis for window replacement or window film o Dehumidification o Wall Insulation o Attic ventilation and insulation inspection o Air conditioning efficiency testing o Lighting efficiency analysis o Water heater efficiency o Solar hot water feasibility o Solar Photovoltaic feasibility

• Distribution of a “Home Energy Efficiency Starter Kit” and educational materials provided by the City.

• Installation and demonstration of energy-efficient items provided within the kit, including but not limited to CFL and LED lightbulbs, LED night light with automatic sensor, low flow faucet aerators, weather stripping, and other measures as deemed acceptable by homeowner.

• Preparing a detailed report of all findings of home inspection, including, but not limited to, identification of problems, recommendations for improvements and/or upgrades, projected costs of improvements and/or upgrades, estimated savings, SIR and infrared images. If there are any recommendations for improvements and/or upgrades that are ineligible for the Natural Resources & Sustainability Rebate Program, they should be identified accordingly and information on available financing options made available (Solar and Energy Efficiency Loan Fund (SELF), Property Assessed Clean Energy (PACE), traditional bank financing, etc.).

• Providing reports, in electronic format, to the customer and City on all energy audits performed, including a copy of the final home inspection report and a detailed report on recommendations made and measures installed on site by the auditor.

5. Standard Terms & Conditions

5.1. Basis of Bids/Proposals

The words “Bid” 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 bids or proposals or assignments will be considered. It is the intent of the City to promote competitive bidding.

It shall be the Respondent’s responsibility 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) business days prior to the opening date and time of the bid.

5.2. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of 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 bid provides the best value to the City.

5.3. Bid Prices

The Respondent warrants by virtue of bidding that the prices, terms, and conditions quoted in this bid will be firm for ninety (90) days from the date of the bid 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 bid 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.

5.4. Contract Term

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

There shall be the option of renewal for a possible second and third 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the City Commission or City Manager. Approximately forty-five (45) days prior to 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.

5.5. 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. 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 IFB 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).

5.6. 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 in the same manner as other Visa purchases. Visa acceptance is preferred but is not the exclusive method of payment.

5.7. Taxes

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

5.8. Mistakes

Respondents are expected to examine the specifications, delivery schedule, bid 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 Respondent extra payments for conditions which can be determined by examining the site and documents. In case of mistake in extended price, the unit price will govern and the Respondent’s total offer will be corrected accordingly.

5.9. 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. 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.

5.10. Contract Award

The City reserves the right to:

• award by individual item, aggregate, or none, or any combination thereof;

• award to one or more suppliers;

• cancel the bid;

• reject any or all bids;

• waive any minor informalities or technicalities in responses received, as may be deemed in the best interest of the City in the City’s sole discretion.

The City reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a bid meeting specifications in a way deemed most advantageous and the 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 bid. The City reserves the right to demand additional information or clarification with respect to any bid or submission from one or more Respondents, with such a request being furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification in the sole discretion of the City.

Information received upon such a request for additional information or clarification may be relied upon by the City in determining the most advantageous bid for purposes of making an award.

5.11. Contract Terms at Variance with This Document, Bid or Specifications

This formal solicitation expressly limits acceptance to the terms of this document. If the Respondent submits a bid 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 bid and which are inconsistent with or different from the language in this invitation, and the bid specifications and this document so long as the bid is otherwise responsive to this document and the bid specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a bid based upon this invitation, that any term or condition inconsistent with this document or the bid 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 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, included but not limited to, delay damages.

5.12. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, go to your submitted proposal and select “Unsubmit Proposal”, make the required changes, and submit the proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, 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 bids have been awarded.

5.13. 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.

5.14. Bid Costs

Costs related to the preparation of 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.

5.15. 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 at the City of Winter Park Procurement Division website. 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 “Bid 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 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 https://cityofwinterpark.org/departments/administration/procurement/ 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.

5.16. 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.

5.17. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or Respondent under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Respondent shall provide a Certification of Compliance regarding the Public Crime requirements.

In submitting a bid to the City, the Respondent offers and agrees that if the bid/proposal is acceptable, the Respondent will convey, sell, assign or transfer to the City 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’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to Respondent.

5.18. Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City. The City of Winter Park has contracted with myCOI to track and establish insurance compliance with the contract terms. If awarded a contract, the Successful Respondent shall be required to register with myCOI. Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida Statutes, Public Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the attached Summation of Insurance Requirements. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

The City of Winter Park shall be included as an Additional Insured on all certificates and policies pertaining to this project, except for Workers’ Compensation and Professional Liability Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best’s

Key Rating Guide rate of no less than “A”. This information will be verified in the City’s discretion, and it may be grounds for disqualification if the information is not in order.

5.19. Licenses, Permits and/or Fees

It shall be the sole responsibility of the Contractor to obtain and maintain, in good standing, any and all licenses as required to perform the Services at no additional cost to the City. It shall be the sole responsibility of the Contractor to obtain any and all necessary permits required to perform the Services. In the event they cannot be waived by the City, any and all costs incurred due to Project-specific permits and related fees required to perform the Services, as directed by the City, shall be handled as a pass-through cost to be paid by the Contractor and invoiced to the City at no additional cost.

5.20. Termination/Cancellation of Contract

The City reserves the right to cancel the contract, at any time, without cause and without penalty, with a minimum 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.

5.21. 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.

5.22. 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 of 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.

https://cityofwinterpark.org/departments/administration/procurement/

5.23. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent who is awarded a contract by the City through this IFB 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 Successful Respondent prior to 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 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 responsive and responsible Respondent that is willing and able to complete the work or services, the City may accept such Respondent’s original response or negotiate a contract to be consistent with the defaulting Respondent or the Respondent’s whose contract award was rescinded.

5.24. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the 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 acknowledge this certification shall result in the rejection/disqualification of the bid.

5.25. 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 expense, 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 require a maximum monetary limit of indemnification under 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.

5.26. 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 which the City or its officials, representatives, agents, officers, and employees may be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting from negligence or carelessness in the performance of the work, or in the protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work, or otherwise related to the project (see Summation of Insurance Requirements).

5.27. Laws & Regulations

The Successful Respondent at all times shall be familiar with and observe and comply with all Federal, State, Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner may apply and those which may be enacted later or bodies or tribunals having jurisdiction or authority over the work, and shall indemnify and save harmless the City against any claims or liability arising from, or based on, the violation of any such law, ordinance, rule, code, regulation, order, patent infringements, or decrees.

The Successful Respondent is assumed to have made itself familiar with all Federal, State, Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in or upon the work, or in any way affect the work or services. No plea of misunderstanding will be considered an excuse for the ignorance thereof.

In the event of any litigation or claim between a Respondent on this IFB and the City, including but not limited to any claim or litigation related to an agreement resulting from this bid process or any other type of dispute related to this IFB, the venue shall be in Orange County, Florida, where all laws, regulations, ordinances, codes, and rules of Florida and the City shall be used in the adjudication.

All responses, questions, and conversations are public information, including any literature or handouts at any subsequent presentations. All submittals are subject to the Florida Public Records Act, Chapter 119, Florida Statutes. The tender of a proposal authorizes the release of all of your company’s information as submitted.

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5.28. Communications

To ensure fair consideration for all prospective Respondents throughout the duration of the formal solicitation process, the City prohibits communication, whether direct or indirect, regarding the subject matter of the IFB or the specifications by any means whatsoever, whether oral or written, with any City employee, elected official, selection committee member, or representative of the City, from the date of first publication or issuance of the specifications until the Commission makes the award. Communications initiated by a Respondent may be grounds for disqualifying the offending Respondent from consideration for award of the bid or any future bid.

The sole exception to the foregoing rule is that any questions relative to the interpretation of specifications or the bid process may be submitted using the project page. Questions of a material nature must be received no later than seven (7) business days from the date and time of the public opening.

5.29. Cone of Silence

A Cone of Silence/Lobbying Blackout Period begins upon issuance of a solicitation. For awards requiring City Commission approval, the Cone of Silence/Lobbying Blackout period concludes at the meeting, during which the City Commission will be presented the award(s) for approval or a request to provide authorization to negotiate a contract. However, if the City Commission refers the item back to the City Manager and/or Procurement Division for further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Blackout Period will be reinstated until such time as the City Commission meets to consider the item for action. The Cone of Silence/Blackout Period for award requiring the City Manager's approval concludes upon issuance of a Notice of Intent to Award.

5.30. Addenda

When questions arise that may affect the bid, the answers will be distributed in the form of an Addendum, which will be posted on the City’s Procurement Portal. All Respondents should check the City’s Procurement Portal or contact the City’s Procurement Division at least seven (7) business days before the date fixed to verify information regarding Addenda. The City, in its sole discretion, may delay and change the scheduled due dates indicated herein. Addenda information can be downloaded by visiting the City of Winter Park Procurement Portal and selecting “Addenda & Notices”. It is the sole responsibility of the Respondent to ensure they obtain information related to Addenda. Unless otherwise specified, all addenda must be acknowledged via the City's Procurement Portal to be considered responsive. Failure to acknowledge all addenda may result in the disqualification of the bid response.

5.31. Subcontractors

The Successful Respondent shall not employ subcontractors without the advance written permission of the Director of Natural Resources and Sustainability. The Successful Respondent shall be fully responsible for the services and work provided by a subcontractor under the terms of this formal solicitation. The Successful Respondent agrees that any employee or agent of the Respondent and any agent/employee of a subcontractor to the Respondent shall be removed from the City jobsite or City premises upon request by the Director of Natural Resources and Sustainability or designee.

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Such request will only be issued to remove a person if the Procurement Manager or designee has a reasonable basis, as determined in their discretion, that the presence of such person on City property or at a City jobsite is not in the best interest of the City, or its employees, guests, visitors, or citizens. Additionally, a person may be directed to be removed if the person is reasonably deemed to be under the influence of drugs or alcohol or is behaving in any manner reasonably determined to be unacceptably disruptive or in violation of any criminal or civil law or regulation as reasonably determined by the City.

5.32. Assignability

Assignment of the contract, or any portion of the contract, cannot be made without the advance written consent of the City.

5.33. Waiver, Alterations, Consent & Modification

No waiver, alterations, consent, or modification of any of the provisions of the resulting contract shall be binding unless in writing and signed by the City Manager, Assistant City Manager and/or City Commission.

5.34. Fiscal Year Funding Appropriations

Specific Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period (October 1 through September 30), at the time of contract.

Payment and performance obligations for succeeding fiscal periods and any renewals are subject to appropriation by City Commission of funds prior to entering an agreement.

5.35. No General City Obligation

In no event shall any obligation of the City under any resulting agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues…