Solicitation Number: AR-26-16096-JG Due Date & Time: Tuesday, October 6, 2026, at 2:00 PM local time

Advertised Date(s): Sunday, September 6, 2026, and Thursday September 10, 2026

Procurement Representative: Jovany Galarza Email: Jovany.Galarza2@osceola.org

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 Phone: (407) 742-0900 Fax: (407) 742-0901

Title: East 192 Mowing, Landscaping and Irrigation Services

Rev. 06.2026

Osceola County Board of County Commissioners

Bid Title: East 192 Mowing, Landscaping and Irrigation Services

Bid Number: AR-26-16096-JG

Requesting Department: Strategic Initiatives Bid Contact: Jovany Galarza, Procurement Analyst III

Bid Due Date: Tuesday, October 6, 2026 Bid Time Due: 2:00PM Local Time

Location to Deliver Bid: Procurement Services Office, 1 Courthouse Square, Suite 3401, Kissimmee, Florida 34741

In accordance with the intent and content of this Invitation to Bid (ITB), I/we, the undersigned, as authorized signatory to commit the firm, do hereby offer to perform as stipulated in this response. Failure to do so may result in the forfeiting of bid security, removal from the County’s Bidder list, or other remedies available to the County under the laws of the State of Florida.

Legal Name of Bidder:

Business Address (street, city, state and zip code): County:

Phone Number: Fax Number: E-Mail Address:

Purchase Order Delivery E-Mail:

Osceola County Local Business Tax Receipt (formerly Occupational License) Number:

State of Florida License Number (as applicable):

Authorized Signature (manual):

Date:

Printed Signature: Title:

EMERGENCY CONTACT INFORMATION – In the event the County needs to contact your firm during an emergency

Emergency Contact Person:

Cell Phone Number: Residence Phone Number:

GENERAL INSTRUCTIONS/DECLARATIONS

1. Bids will be open publicly by a representative of the Procurement Services Office on the date and time indicated above. All bid openings are open to the public and any interested parties are welcome to attend.

2. Bids must be submitted on the form furnished by the County and in accordance with the specifications and the list of quantities desired.

3. Page One must be completed and submitted as the top sheet of the bid response.

4. It is the intent and purpose of Osceola County that this Invitation to Bid promotes competitive bidding. It shall be the Bidder's responsibility to advise the Procurement Services Office, at the address noted above, if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Procurement Services Office not later than seven (7) calendar days prior to the bid closing date.

5. Questions regarding this bid must be received through written email or faxed inquiries directed to the designated Procurement Services Representative no later than Wednesday, September 16, 2026, at 12:00 PM Local Time. Questions of sufficient general interest will be formatted by the Procurement Services Office and issued to all interested parties in the form of an addendum.

Invitation to Bid

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

SECTION A. INSTRUCTIONS TO BIDDER.

A1. There will be no pre-bid conference for this project.

IMPORTANT NOTE: It is imperative that all bidders have a clear understanding of the scope of services requirements. As such, the County reserves the right to schedule a pre-bid conference. Therefore, in the event a mandatory pre-bid conference is required and/or subsequently scheduled, attendance will be a pre-requisite for submitting a bid; and bids will only be accepted from those who are represented at a mandatory pre-bid conference. Attendance at the pre-bid conference will be evidenced by the bidder’s/representative’s signature on the attendance roster. In the event of a mandatory pre-bid conference, the time, date, and location of the meeting will be noted in the released Addendum notifying such requirement. Please plan your travel time accordingly.

A2. Public Opening of Bids: Bids will be publicly opened by a representative of the Procurement Services Office at 1 Courthouse

Square, Suite 3401, Kissimmee, Florida 34741, on Tuesday, October 6, 2026, at 2:00 pm Local Time, or as soon as possible thereafter. Pursuant to Florida Statute 119.071, sealed bids received in response to a competitive solicitation are exempt from Florida Statute 119.07(1) and s. 24(a), Art. 1 of the State Constitution until 30 days after opening of the bids or posting of the notice of an intended decision, whichever is earlier.

A3. Bid Compliance:

(a) All items contained in the bid must be in total compliance with the specifications in this solicitation.

(b) Alternate bids will not be considered unless they are specifically called for in this solicitation.

(c) Bidders’ attention is specifically called to the terms and conditions of this solicitation. As witnessed by the Bidder’s signature on the cover page and the proposal page(s), all Bidders, without exception, will be solely responsible for all aspects of the terms, conditions, and special provisions of this solicitation.

A4. Unit Price Accuracy: Please check the stated unit prices before submitting the bid as no change in prices shall be allowed after the opening. All prices and notations must be in ink or typewritten. In cases of extended price irregularities, unit pricing shall prevail. Please note that the County reserves the right to clarify and correct extended amount errors.

A5. Bid Price Schedule: Each Bidder shall furnish the information required on the Bid Price Schedule, Section F, and each accompanying sheet thereof on which the Bidder makes an entry. Offers submitted in any other format may be disqualified.

A6. Lobbying; Lobbying Black-Out Period; Questions Regarding Bids:

(a) Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a Board Member, the County Manager, any requesting or evaluating department/division personnel and/or any member of the evaluation committee concerning an active solicitation during the Black-Out period.

(b) The Lobbying Black-Out Period commences upon the issuance of this solicitation document.

(c) The Lobbying Black-Out Period for awards requiring Board approval concludes at the beginning of the meeting at which the

Board will be presented the award(s) for approval or request to provide authorization to negotiate a Contract(s). If the Board refers the item back to the County Manager for further review or otherwise does not take action on the item, the Lobbying Black-Out Period will be reinstated until such time as the Board meets to consider the item for action.

(d) The Lobbying Black-Out Period for awards requiring County Manager Approval concludes upon issuance of a Notice of Intent to Award.

(e) Bidders, Respondents, potential Vendors, service providers, Lobbyists, Consultants, or Vendor representatives shall not contact any Board Member, the County Manager, any requesting or evaluating Department/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the Black-Out Period.

(f) All questions and procedural matters shall be directed to the Procurement Services Office. Except in response to communications initiated by authorized County representatives, contact by Bidders or Respondents to any Board Member, the County Manager, any requesting or evaluating County Personnel, or any member of the Evaluation Committee, initiated during the Black-Out Period, may result in disqualification from the Solicitation Process.

(g) Any questions relating to the interpretation of specifications or any aspect of the solicitation process shall be addressed to the Procurement Services Office Representative, in writing, by the cutoff date and time stated herein.

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

(h) Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end period as established in items (c) and (d) of this section, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

A7. Addenda:

(a) Any interpretations, clarifications, or changes made will be in the form of written addenda issued by the Procurement Services Office.

(b) Oral answers given by any member of the Procurement Services Office or requesting department will not be authoritative and the County will not entertain any protests based on verbal instruction.

(c) It will be the responsibility of the Bidder to contact the Procurement Services Office prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their bid. The County will not consider requests to re-open a bid as a result of the failure of the Bidder to secure addenda.

A8. Proper Signatures: Failure to sign and witness the Bidder’s signature may result in a disqualification of the bid. Please be sure the bid is signed, properly witnessed, and sealed.

A9. Corporate Standing:

The bidder or proposer must demonstrate that the company is in good standing and that the person signing this bid or proposal is authorized on behalf of the bidder or proposer to sign bids, proposals, negotiate and/or sign contracts, agreements, amendments and related documents to which the bidder/proposer will be duly bound. The bidder/proposer must provide a copy of their State Certificate of Good Standing/Articles of Incorporation listing the officers of the company. In addition to the aforementioned documents, the Bidder/Proposer must include necessary information to verify the individual signing this proposal/bid and or any contract document has been authorized to bind the corporation. Examples include:

(a) A copy of your Articles of Incorporation listing the approved signatories of the corporation.

(b) A copy of a resolution listing the members of staff as authorized signatories for the company.

(c) A letter from a corporate officer listing the members of staff that are authorized signatories for the company.

A10. A Bid/Performance Bond is not required for this project.

A11. Bid Submittal:

(a) All bids must be submitted in a sealed envelope, plainly marked on the outside with the Invitation to Bid number, date, time of opening, and the Bidder’s name. For your convenience, Attachment “L” has been provided to properly identify and affix to your bid submittal.

(b) It is the Bidder’s responsibility to ensure that the bid is received in the OSCEOLA COUNTY PROCUREMENT SERVICES OFFICE, 1 COURTHOUSE SQUARE, SUITE 3401, KISSIMMEE, FLORIDA 34741, no later than 2:00 P.M. Local Time on Tuesday, October 6, 2026. Any bid received after this date and time will not be accepted or considered and will be returned unopened to the Bidder. No offers will be accepted or received in any other Osceola County office.

(c) Cost of Submittal: The cost of submitting this bid is considered as an operational cost of the Bidder and shall not be passed on to or be borne by the County.

(d) No telegraphic or facsimile offers will be considered.

A12. Sub-Contractors: Proposers must list any sub-contractors that shall be used to accomplish the scope of services on the Proposed

Schedule of Subcontractor Participation Form (Attachment “G”). If no subcontractors are going to be used, check the box for Subcontractors will not be utilized for this project at the top of the form.

A13. IRS Form W-9: Vendors that have not done business with the County or have not provided an updated W-9 Form within the last two (2) years must complete the IRS Form W-9, Request for Taxpayer Identification Number and Certification (Attachment “J”) and submit with their bid.

A14. Bid Copies: Bidders are asked to submit (one (1) unbound original submittal. The submittal should also include a USB Flash

Drive containing the entire proposal formatted to be read with Microsoft® software products or Adobe® PDF software.

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

A15. Withdrawal of Bids: Bids may be withdrawn any time before the bid opening date. The Bidder may withdraw a bid without prejudice to itself, not later than the day and hour set for opening of bids, by communicating the purpose of the withdrawal in writing to the County. Thereafter, the bid will be returned to the Bidder unopened. Bids may not be withdrawn for a period of ninety (90) days after the bid opening date.

A16. Limitations on Liability: Bidders are advised that the County will not accept limitations on liability. The successful Bidder will be fully liable for all damages and events caused by the successful Bidder without any limitations as to dollar amount. The County will pursue liable Bidders to the extent allowed by law. Any bid received that limits liability to the amount of the bid will be considered unresponsive and the Bidder non-responsible, and, as such, the bid will not be accepted by the County.

A17. Protests and Appeals: Any prospective bidder or respondent, or any bidder or respondent who is not the intended awardee and who claims to be the rightful awardee, may file a Notice of Protest in accordance with the terms and conditions of Section 3.5 of the Osceola County Administrative Code.

A18. Failure to comply with any of the foregoing instructions or any other essential element of the Invitation to Bid may result in the disqualification of the bid.

SECTION B. GENERAL PROVISIONS.

B1. Notice of Award: Notice of an award by Osceola County will constitute acceptance of the bid from the overall lowest priced, most responsive, and responsible Bidder. The bid package signed by the successful Bidder, along with documentation included in the Bidder's submittal, as required by this Invitation to Bid, and other additional materials submitted by the Bidder and accepted by the County, shall constitute the Bidder’s response. At the County’s discretion, either a purchase order or other award document such as an agreement will be issued by the County when appropriate to do so.

B2. Applicable Law, Venue, Jury Trial: Any contractual arrangement between Osceola County and the successful Bidder shall be consistent with, and be governed by, the ordinances of Osceola County, the whole law of the State of Florida, both procedural and substantive, and applicable federal statutes, rules, and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Osceola County, Florida.

B3. Appropriations/Fund Availability: Any agreement resulting from this solicitation is deemed effective only to the extent that appropriations are available. Pursuant to Florida Statutes, all appropriations lapse at the end of the Fiscal Year. Multi-year awards shall be adequately funded; however, the County reserves the right not to appropriate funds for an ongoing procurement if it is deemed in its best interest.

B4. Compliance with All Laws: The Bidder, by submission of this bid, certifies that the Bidder will provide the services agreed upon in a timely and professional manner in accordance with the specifications. In addition, the Bidder shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, county, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of the contractual agreement.

B5. Receiving/Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization.

Osceola County shall pay all Bidders pursuant to, and in accordance with, the promulgations set forth in Section 218.70, Florida Statutes, Florida’s Prompt Payment Act. Payment shall not be made until the materials, goods, or services have been received, inspected, and accepted by the County in the quality and quantity ordered. Payment will be accomplished by the submission of an invoice, in duplicate, with a Purchase Order Number referenced thereon and mailed to the address set forth in the Purchase Order. Payment in advance of receipt of goods or services by Osceola County cannot be made without prior written approval by the County.

B6. Inspection/Acceptance/Title: Inspection and acceptance of goods/services will be at the destination, unless otherwise stipulated.

Title and risk of loss or damage to all items shall be the responsibility of the successful Bidder until accepted by the requesting department/office of the County, unless loss or damage results from negligence by the County or the requesting department/office.

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

B7. Acceptance of Goods/Services: Receipt of goods/services shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the product/performance meets the Invitation to Bid specifications and conditions. Should the products/services differ in any respect from the specifications, payment will be withheld until such time as the Bidder takes necessary corrective action. If the proposed corrective action is not acceptable to the requesting department/office, the Procurement Services Office may authorize said department/office to refuse the final acceptance of the goods/services. Should a representative of Osceola County agree to accept the goods/services on the condition that the Bidder will correct its performance within a stipulated time period, then payment will be withheld until the services are performed as specified in the executed agreement.

B8. Termination:

(a) Termination for Default: The performance of the agreement may be terminated by Osceola County in accordance with this clause, in whole or in part, in writing, whenever the County shall determine that the Bidder has failed to meet the performance requirement(s) of the agreement.

(b) Termination for Convenience: The County reserves the right to terminate a contractual agreement, in whole or part, by giving the Bidder written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination from Osceola County, the Bidder shall only provide those services specifically approved or directed by the County. All other rights and duties of the parties under the agreement shall continue during such notice period, and the County shall continue to be responsible to the Bidder for the payment of any obligations to the extent that such responsibility has not been excused by breach of default of the Bidder.

(c) Payment upon Termination: Upon termination, the Bidder shall bill the County for all amounts not previously billed and due the Bidder at that time. The Bidder shall not be entitled to a professional fee, or expenses for any work commenced, or expenses incurred after the notice of termination was received by the Bidder, unless specifically approved or requested by the County. The Bidder shall, however, be entitled to payment for services commenced, completed, and approved by the County prior to the receipt of notice, or with the express written consent of the County, prior to the effective date of termination, which have resulted in a usable product or otherwise tangible benefit to the County. All such payments shall be subject to a set-off for any damages incurred by the County resulting from any delay occasioned by the early termination.

B9. Insurance Requirement:

(a) Include a copy of your current liability insurance, workman’s compensation insurance certificate, and a copy of your firm’s Occupational License (Reference B10) with your bid submittal.

(b) The successful Bidder(s) shall provide original certificates of Insurance, as outlined in Attachment B, to Osceola County Procurement Services within five (5) regular business days of the notification of the intent to award the Agreement.

Certificates of Insurance shall provide a minimum of thirty (30) day notice of cancellation to Osceola County and shall name Osceola County Board of County Commissioners and Osceola County as an Additional Insured.

(c) All insurance certificates shall remain valid and in full force for the term of the Agreement. Failure to maintain binding insurance policies for awarded services will be grounds for termination of awarded Agreement.

B10. Applicable Licensing:

(a) Local Business Tax Receipt (formerly Occupational License): If awarded the bid, the Tax Collector of Osceola County requires the Bidder to obtain an Osceola County Local Business Tax Receipt. Please contact the Tax Collector/Local Business Tax Receipt Office directly at 407-742-4000 for information concerning this requirement. In accordance with section 205.065, Florida Statutes, a current Department of Professional Regulation certificate may be provided in lieu of an Osceola County Local Business Tax Receipt, accompanied by a copy of the Local Business Tax Receipt of home state/county/city.

(b) Other Licenses and Permits: The Bidder, at its sole expense, shall obtain all required federal, state, and local licenses and/or permits required to successfully provide the services contained in a contractual agreement.

B11. Bid as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to the public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening.

Bidders shall not submit pages marked "proprietary" or otherwise restricted.

B12. Relationship of the Parties: The Bidder shall act as an independent contractor and not as an employee of Osceola County. The Bidder will be required to indemnify, defend, hold, and save harmless the County, its officers, agents, and employees, from damages arising from the Bidder's performance of, or failure to perform, any task or duty required to be performed by the Bidder.

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

B13. Indemnification:

(a) The successful Bidder(s) agrees to be liable for any and all damages, losses, and expenses incurred by the County, caused by the acts and/or omissions of the Bidder, or any of its employees, agents, sub-contractors, representatives, or the like, in connection with the performance of obligations under a contractual agreement. The Bidder agrees to indemnify, defend, and hold the County harmless for any and all claims, suits, judgments or damages, losses, and expenses, including but not limited to court costs, expert witnesses, consultation services, and attorney’s fees, arising from any and all acts and/or omissions of the Bidder, or any of its employees, agents, sub-contractors, representatives, or the like, in connection with an agreement.

(b) The County agrees to be liable for any and all damages, losses, and expenses incurred by the successful Bidder(s), caused by the acts and/or omissions of the County, or any of its employees, agents, servants, representatives, or the like, in assisting the successful Bidder(s) in the performance of obligations under a contractual agreement. The County agrees to indemnify, defend, and hold the Bidder harmless for any and all claims, suits, judgments or damages, losses, and expenses, including but not limited to court costs, expert witnesses, consultation services, and attorney’s fees, arising from any and all acts and/or omissions of the County, or any of its employees, agents, servants, representatives, or the like, in connection with an agreement.

B14. Bankruptcy or Insolvency: If the successful Bidder shall file a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the successful Bidder shall be appointed in any proceeding brought by or against the creditors, or proceedings shall be commenced on or against the successful Bidders’ operations of the premises, the County reserves the right to terminate any contractual agreement immediately.

B15. Assignment: The successful Bidder will not be permitted to assign its contract with the County, or to subcontract any of the work requirements to be performed, without obtaining prior written approval from the County.

B16. Waiver: Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions contained in a contractual agreement, or to exercise any right or option therein, shall not be construed as a waiver or a relinquishment for the future of such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect.

B17. Changes: The County reserves the right to order, in writing, changes in the work within the scope of services of a contractual agreement, such as a change in quantity or delivery schedule.

B18. Modifications: In addition to modifications made under the changes clause, any agreement resulting from this solicitation may be modified (1) within the scope of services of the agreement upon the written and mutual consent of both parties, and (2) with approval by the appropriate legal body in Osceola County.

B19. Administrative Provisions: In the event the County issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to a contractual agreement, it is specifically agreed and understood that any such purchase order, memorandum, letter, or any other instrument is for the County’s internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of the contractual agreement and shall have no force or effect thereon.

B20. Taxes: Osceola County is tax exempt. As such, the County does not pay State of Florida Sales Tax or Federal Excise Tax. The

County’s State Sales Tax Exemption number is 85-8013132398C-5 and the Federal Exemption Identification Number is 59- 6000780.

B21. Independent Pricing: By submission of this bid, the Bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that, in connection with this procurement:

(a) The prices in this bid have been arrived at independently, without consultation, communication, collusion, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

(b) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the

Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and,

(c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 for the purpose of restricting competition.

B22. Public Entities Crimes: A person or affiliate who has been placed on the convicted contractor list, following a conviction for 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 a bid on a lease of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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 contractor list. By completion and submittal of Attachment C and signature on this solicitation, the Bidder certifies that it is qualified to do business with Osceola County in accordance with the Florida Statutes.

B23. Other Entity Use:

(a) All Bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all governmental agencies, under the same conditions, for the same contract price, and for the same effective period as this bid, should the Bidder feel it is in its best interest to do so.

(b) Each governmental agency desiring to accept these bids, and making an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid.

(c) This solicitation in no way restricts or interferes with the right of any governmental agency to re-bid any or all items.

B24. Conflict of Interest: All Bidders must disclose, with the bid, the name of any officer, director, or agent who is also an officer or employee of Osceola County. Furthermore, all Bidders must disclose the name of any Osceola County officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder's firm or any of its branches. Failure to disclose in this manner will result in the disqualification of the bid or the cancellation of work. It is the sole responsibility of the Bidder to ensure compliance with the County Administrative Code, Chapter 3, Section 3.9, Conflict of Interest. Please complete and submit Attachment D with your bid submittal. The County will seek damages for the recoupment of losses in having to re-bid or re-assign this solicitation.

B25. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid.

If submitted either purposely through intent or design, or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties, it is understood and agreed that the general and special conditions in this solicitation are the only conditions applicable to this bid, and the Bidder’s authorized signature, affixed to the bid, attests to this.

B26. Force Majeure: Neither party to this agreement shall be liable to the other for any cost or damages if the failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. Such causes may include, but are not limited to, the following: acts of God, fires, quarantine restriction, strikes, and freight embargoes. In all cases, the failure to perform must be totally beyond the control and without any fault or negligence of the parties.

B27. Public Emergencies: It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, Osceola County shall require a “First Priority” for goods and services. It is vital and imperative that the health, safety, and welfare of the citizens of Osceola County are protected from any emergency situation that threatens public health and safety as determined by the County. The Bidder agrees to rent/sell/lease all goods and services to the County or governmental entities on a “first priority” basis. The County expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the Bidder provide the County with products and/or services not under the awarded Agreement, the County expects to pay a fair and reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God.

SECTION C. SPECIAL PROVISIONS.

C1. Minimum Standards: Specifications listed herein describe the expected minimum standards. If any exceptions are taken, the

Bidder is responsible for indicating on the bid form any deviations from the specifications, including an explanation, justification, Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 or applicable literature for the deviation. The absence of this indication shall be considered complete compliance with the listed specifications. These specifications are intended to be descriptive in nature and are not intended to eliminate any Bidder from submitting a bid.

C2. Bidder's Specifications: Each Bidder shall make accurate statements in its bid.

C3. Not Bidding: If not bidding any or all items, please so state.

C4. Firm Prices: Prices for goods and services covered in the specifications shall be firm; net delivered to the ordering agency, F.O.B.

DESTINATION, with the Bidder paying all delivery costs, and shall remain firm for the period of any agreement reached as a result of this solicitation. No additional fees or charges shall be accepted.

C5. Term of Agreement: An agreement may be awarded for a three-year (3) year term to begin upon approval and execution by the

County; with the opportunity for additional one (1) or two (2) year renewal periods when in the best interest of the County.

C6. Estimated Quantities: As stewards of public funds, the County maintains all adopted budgetary parameters in the performance of its contracts. The ability of the successful Bidder to maintain a sense of fiscal responsibility shall be favorably considered in the evaluation of submittals. Quantities noted in the Invitation to Bid are estimates only and are intended as a guide in submitting the bid and in no way obligate the County to purchase this amount. The actual quantities purchased under this bid may be more or may be less.

C7. Option to Extend or Renew: The performance period of any contract or purchase order resulting from this Invitation to Bid may be extended upon mutual agreement between the Bidder and the County with no change in terms or conditions. Any extension of performance period under this provision shall be in the County’s best interest and sole discretion. Any agreement or amendment to the agreement resulting from this solicitation shall be subject to fund availability and mutual written agreement between the County and the successful Bidder.

C8. Exercise of Option to Extend Term of Contract: If the County wishes to enter into an option period, the County shall request a written statement of desire into an extension of the performance period from the Bidder.

C9. Probationary Period: The first ninety (90) days of the contract are to be considered a “probationary” period. At the County’s election, the successful Bidder’s contract may be terminated, based on the performance of the Bidder, and a new award be granted without another formal bid.

C10. Supervision: The County shall not exercise any supervision or control over the Bidder’s employees performing services under an agreement. Said employees shall be accountable not to the County, but solely to the Bidder, who, in turn, is responsible to the County.

C11. Pre-Award Inspection: Prior to the award of any agreement, the County reserves the right to make a pre-award inspection of the

Bidder’s facilities to determine the capabilities of the Bidder to service the County.

C12. Existing Permits and Identification Numbers: Any and all permits, state licenses, including Department of Environmental

Protection (DEP) and/or Environmental Protection Agency (EPA) identification numbers, registrations or permits are to be available for review by the County upon request.

C13. Qualification of Bidder: The Bidder must be a provider currently doing business with the general public, currently servicing a minimum of three (3) commercial accounts equal in size and scope to this bid, and be properly licensed to do business in the State of Florida. The Bidder, under its current business name, must also have a minimum of one (1) consecutive year of verifiable experience servicing commercial accounts equal in size and scope to this project.

If experience is claimed under a prior business name, merger, acquisition, or corporate restructuring, the Bidder must provide documentation demonstrating corporate continuity and the transfer of relevant experience.

C14. Additional Information: The Osceola County Procurement Services Office reserves the right to request any additional information

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 needed for clarification from any Bidder for evaluation purposes.

C15. Agreement:

(a) An agreement may be required for this service and must be signed by the Bidder prior to execution by the County, whereupon the Bidder becomes the Contractor upon approval.

(b) The provisions of said agreement contain similar language to the provisions contained in this Invitation to Bid.

(c) The agreement shall be used as a basis for negotiation, and the County reserves the right to change, revise, or modify the agreement in its entirety, or any part thereof, prior to obtaining signatures from all parties.

(d) The successful Bidder(s) shall execute and return the agreement to the County, within ten (10) days after receiving all contractual documents, performance, and payment bonds (if applicable), insurance verifications and any other documents required by this bid.

(e) In no event shall an agreement be considered binding upon the County until it has been properly executed by all parties.

(f) In conjunction with the agreement, a purchase order or other form of payment will be established by the County prior to the start of any project, service, or work by the Bidder.

C16. Attachments: All attachments are made an essential part of this bid and include the following:

(a) Attachment A – Statement of No Bid

(b) Attachment B – Insurance Requirements*

(c) Attachment C – Public Entities Crimes

(d) Attachment D – Conflict of Interest

(e) Attachment E – Drug-Free Workplace Certification

(f) Attachment F – Experience of Bidder

(g) Attachment G – Proposed Schedule of Subcontractor Participation

(h) Attachment H - Reserved

(i) Attachment I – Articles of Incorporation / Corporate Documents

(j) Attachment J - IRS Form W-9, Taxpayer Identification Number and Certification

(k) Attachment K - Contractor Certification Regarding Scrutinized Companies

(l) Attachment L - Solicitation Response Identification Label

*The successful Bidder must comply with the insurance requirements set forth in Attachment B. If a Bidder chooses not to bid on this Invitation to Bid, the Bidder is asked to please complete and return Attachment A.

C17. Inadequate Service: In cases where materials, goods or services are not properly delivered, the Bidder will either remedy the defect or be responsible for reimbursement of the difference to the County for the subsequent contractor selected to remedy the defect. Acceptance of materials, goods or services shall remain in the County’s sole discretion.

C18. Failure of Performance and/or Delivery: If the successful Bidder fails to perform as required per these specifications or fails to deliver the item(s) or perform the work specified in these specifications, it shall compensate the County for any damages caused by the Bidder’s failure to perform as stated.

C19. Protection of Property: At all times, the successful Bidder shall guard from damage or loss to property of the County, or of other

Bidders or contractors, and shall replace or repair any loss or damage unless such damage is caused by the County, other Bidders, or contractors. The County may withhold payment, or make such deductions as it might deem necessary, to insure reimbursement for loss or damage to property through negligence of the successful Bidder or the Bidder’s agents.

C20. Unsatisfactory Work: Unsatisfactory work shall be corrected by the Bidder within twenty-four (24) hours of notification by the

County.

C21. Service Requirements: The successful Bidder shall provide sufficient staff, resources, and facilities to ensure that Osceola County’s business is handled in a timely manner. If the Bidder is unable to perform the work in a timely manner as agreed upon, the County shall have the right to rescind the purchase order and award the project to another Bidder.

C22. New Product: Any and all products provided under this bid shall be new and unused.

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741

C23. Scrutinized Companies Clause: Osceola County may not enter into any contract for $1 million or more with any company that is on the scrutinized companies lists enumerated in Section 287.135, Florida Statutes. All responses to solicitations for goods and/or services equal to or in excess of $1 million shall be required to complete Attachment “K”, certifying that the Respondent is not on any scrutinized companies list. All resulting contracts for $1 million or more shall be subject to termination by Osceola County, i) in the event the contracting vendor is put on a scrutinized companies list, or ii) the County determines that the certification provided in Attachment “K” was false. Exceptions to and penalties for violation of Section 287.135, Florida Statues, shall be in accordance with those set forth therein.

C24. Most Favored Customer: The County seeks and demands to be the most favored customer of each Bidder who does business with the County. The most favored customer is a customer or category of customers that receives the best discounts from the Bidder’s commercial price list when procuring quantities comparable to the County’s under similar terms and conditions. The successful Bidder agrees to provide the County discounts from the Bidder’s commercial price list that are equal to or greater than the Bidder’s most favored customer is receiving.

C25. Price Reduction Clause: The County will invoke the price reduction clause if the successful Bidder violates the contractually agreed upon pricing/discount relationship by offering a (better) discount to a most favored customer. The County will shall request a price reduction from the date that the violation took place. The successful Bidder will owe the County a discount proportionately equal to that given the most favored customer.

C26. Non-Exclusivity Clause: Nothing herein is intended nor shall be construed as creating any all-encompassing arrangement with the successful Bidder. The awarded Agreement shall not restrict the County from acquiring goods and/or services outlined herein from other contractors, service providers, vendors, and/or sources.

C27. Public Records Compliance: If Bidder/Contractor will act on behalf of the County, as provided under section 119.011(2), Florida

Statutes, the Bidder/Contractor subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall:

a) Keep and maintain public records required by the County in order to perform the service.

b) Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Florida law.

c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the County.

d) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Bidder/Contractor or keep and maintain public records required by the County to perform the service. If the Bidder/Contractor transfers all public records to the County upon completion of the contract, the Bidder/Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. If the Bidder/Contractor keeps and maintains public records upon completion of the contract, the Bidder/Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the county.

e) If the Bidder/Contractor does not comply with a public records request, the County shall enforce the contract provisions in accordance with the contract.

C28. Foreign Country of Concern: Pursuant to Florida Statutes, section 287.138, and under penalty of perjury by the undersigned, the CONTRACTOR certifies that it is not owned by a foreign country of concern, as defined in Florida Statutes, section 287.138(1)(c), such that a foreign country of concern possesses a controlling interest in the CONTRACTOR; or with any entities organized under the laws of, or with its principal place of business in, a foreign country of concern.

1. The CONTRACTOR understands that in addition to criminal penalties for perjury, a violation of this section may result in civil penalties equal to twice the amount of this Agreement being assessed; the ineligibility to enter into, renew, or extend any contract, agreement, or grant with any governmental entity of the State of Florida; the ineligibility to receive or renew any

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 license, certification, or credential issued by a governmental entity of the State of Florida; and placement on the State of Florida Suspended Vendors list.

C29. Forced Labor or Human Trafficking:

1. Pursuant to Florida Statutes, sections 287.1346 and 787.06, and under penalty of perjury by the undersigned, the CONTRACTOR certifies that it is not an entity that is engaged in “forced labor” and has not been placed on the “forced labor vendor list,” as defined by Florida Statures, section 287.1346, and is not engaged in human trafficking as defined by Florida Statutes, section 787.06.

2. The CONTRACTOR understands that in addition to criminal penalties for perjury, a violation of this section may result in civil penalties equal to twice the amount of this Agreement being assessed; the ineligibility to enter into, renew, or extend any contract, agreement, or grant with any governmental entity of the State of Florida; the ineligibility to receive or renew any license, certification, or credential issued by a governmental entity of the State of Florida; and placement on the State of Florida Forced Labor Vendors list.

SECTION D. AWARD OR REJECTION OF BIDS.

D1. Award of Contract/Purchase Order: Award will be made to the responsible Bidder most responsive to the solicitation with the lowest overall bid which meets the specifications.

D2. Delivery: Delivery may be a factor in the award. Failure to perform within the delivery deadline(s) set forth in the specifications, or any other contract document, shall constitute default.

D3. Split Award: The County reserves the right to make an award to one Bidder, to split the award between Bidders, or to not award some or all items, depending on the best interest of the County. The County may accept any item or group of items on any bid unless the Bidder qualifies the bid by specific limitations.

D4. Right to Cancel or Reject: A solicitation may be canceled, or any or all submittals in response to a solicitation issued by the County may be rejected, in whole or in part, without recourse, when it is in the best interest of the County in accordance with the Administrative Code, Chapter 3. The County reserves the right to reject any or all bids, or any part thereof, with or without cause, without recourse, to waive technicalities or irregularities, and to accept or reject the bids, or any part thereof, which, in its judgment, best serve the interest of the County. The County also reserves the right to reject the bid from a Bidder who has previously failed to perform properly, or complete on time contracts of a similar nature, or who investigation shows is not in a position to perform the contract. The cost of submittal of this bid is considered an operational cost of the Bidder and shall not be passed on to or be borne by the County.

D5. Bid Results: The bid tabulation sheet will be available thirty (30) days after the bid opening date or upon posting of the notice of an intended decision, whichever is earlier, and will be posted via the Osceola County VendorLink site:

https://vendorlink.osceola.org. Bidders may also call the Osceola County Procurement Services Office at (407) 742-0900 for results.

D6. Best Prices: An award will be made without further negotiation based upon competitive bids; therefore, the Bidder’s best price should be submitted in response to this Invitation to Bid.

D7. Reasonable Prices: A reasonable unit price must be submitted for each work element. In the event that any pay item unit price is determined to be unreasonably low or unreasonably high, the bid may be declared non-responsive and may not be considered.

D8. Reserved

D9. SDVBE Participation Program: The Osceola County Board of County Commissioners has established a Service-Disabled Veteran’s

Business Enterprise (SDVBE) Program to address the economic disadvantage of service-disabled veterans. Whenever the County is considering two (2) or more bids, proposals, or responses to a solicitation for the procurement of goods, services and/or https://vendorlink.osceola.org/

Respond to: 1 Courthouse Square, Suite 3401, Kissimmee, FL 34741 construction, which are equal with respect to price, quality and services where at least one (1) response is from a certified SDVBE, the County shall award the agreement to the SDVBE.

If Bidders are utilizing Subcontractors, the Bidder must include a…