ITB_BCC_27-26_vending_services-snack_only.pdf

INVITATION TO BID (ITB) & RESPONDENT’S ACKNOWLEDGEMENT

ISSUE DATE: February 6, 2026 LAST DAY FOR QUESTIONS: February 13, 2026 @ 3:00 PM ITB OPENING DATE & TIME: February 25, 2026 @ 3:00 PM

NOTE: BIDS RECEIVED AFTER THE BID OPENING DATE & TIME WILL NOT BE CONSIDERED.

Okaloosa County, Florida solicits your company to submit a bid on the above referenced goods or services.

All terms, specifications and conditions set forth in this ITB are incorporated into your response. A bid will not be accepted unless all conditions have been met. All bids must have an authorized signature in the space provided below. All bids must be submitted electronically by the time and date listed above. Bids may not be withdrawn for a period of ninety (90) days after the bid opening unless otherwise specified.

RESPONDENT ACKNOWLEDGEMENT FORM BELOW MUST BE COMPLETED, SIGNED, AND RETURNED AS

PART OF YOUR BID. BIDS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE RESPONDENT.

COMPANY NAME

MAILING ADDRESS

CITY, STATE, ZIP

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER EXT:

FAX: EMAIL:

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDENT SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID AND CERTIFY

THAT I AM AUTHORIZED TO SIGN THIS BID FOR THE RESPONDENT.

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

RESPONSE DOCUMENT #18: ITB RESPONDENT’S ACKNOWLEDGEMENT

ITB TITLE:

ITB NUMBER:

Vending Machine Services for Okaloosa County Governmental Buildings-Snack Only

ITB BCC 27-26

NOTICE TO RESPONDENTS

Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 3:00 p.m. (CST) February 25, 2026 for Vending Machine Services for Okaloosa County Governmental Buildings-Snack Only.

Interested respondents desiring consideration shall submit their response online at OpenGov through the link provided below:

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

Unless otherwise stipulated in the bid/bid description, all responses must be submitted using OpenGov only. No other means of submission of responses will be accepted. Responses will be accepted by OpenGov until 3:00 p.m.

(CST) February 25, 2026, at which time all timely submitted bids will be opened and reviewed. The County reserves the right to award the bid to the lowest responsive respondent and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting Agreement that is in its best interest and its decision shall be final.

For solicitation information, please contact:

DeRita Mason Purchasing Manager dmason@myokaloosa.com 850-689-5960

DeRita Mason

Purchasing Manager Date

OKALOOSA COUNTY

BOARD OF COUNTY COMMISSIONERS

ROBERT A “TREY” GOODWIN, III, CHAIRMAN

https://procurement.opengov.com/portal/myokaloosa mailto:dmason@myokaloosa.com

BID REQUIREMENTS

BID #: ITB BCC 27-26

BID ITEM: Vending Machines Services-Snack Only

GENERAL

In an effort to provide snack vending facilities for taxpayers, guests and its employees within County facilities, the County is seeking to award a contract to one (1) vending provider for all locations.

Location Address #of machines

Crestview Courthouse 101 East James Lee Blvd, Crestview, FL 32536 1st floor- /1 snack

Courthouse Annex 1940 Lewis Turner Blvd.

Ft. Walton Beach, FL 32547

1st floor- 1snack 2nd floor-1snack

Water Sewer Administration Building

1804 Lewis Turner Blvd Ft. Walton Beach, FL 32547

1st floor- 1 snack

Okaloosa County Administration Building

1250 N. Eglin Parkway Shalimar, FL 32479

1st floor- 2 snack

Arbennie Pritchett Reclamation Facility (APWRF)

250 Roberts Rd.

Ft. Walton Beach, FL 32536

1st floor-1 snack

SCOPE OF WORK:

Vendor Responsibilities

1. Vendor shall service and stock all vending machines on a timely basis, as sales dictate, to guarantee that they do not run out of any products. Vendor shall provide all equipment, labor and materials required to install machines at no cost to the County. Machines that have more than three (3) breakdowns in one (1) month the machine shall be replaced. All maintenance/service and restocking shall be conducted during regular business hours (Monday-Friday 8:00 a.m.-5:00 p.m. Failure to restock or service the vending machine within the time allotted may result in vendor complaint.

2. Vendor shall have trained competent maintenance technicians available within one (1) working day to make repairs on the vending machines as needed. Vendor must provide the name(s) and number(s) of maintenance technicians to service this contract to the County so malfunctions may be reported immediately. Manned telephone services are required during business hours.

3. Vendor’s personnel shall wear a distinguishable uniform while working on County premises. For security purposes, a copy of the vendor’s personnel’s company identification card and/or driver’s license shall be maintained on file with the County.

Contracted vendor will be required to submit background checks for all of their employees to the Okaloosa County Sheriff’s Department. If there is a conviction, each case will be considered individually, based on a number of factors including the nature of the crime(s), how long ago the crime and/or release from incarceration occurred, and the number of convictions that have occurred. If an employee does not submit a background check, it will result in a contract violation and possible termination.

Photo ID’s shall be required for all workers entering the facilities. ID’s will be held by Law Enforcement personnel while the contractor’s workers are on the premises, if required by building security.

Vendors will be required to submit prior to award copies of their employees’ Florida driver’s licenses (or CDL licenses) and subsequent ten (10) year driver’s records. Awarded vendor shall submit copies of driver's license and driver’s records for any new drivers added and new copies of the records for all drivers during the contract renewal period.

4. Vendor shall be responsible for all refunds. A uniform system of refunding money, acceptable to the

County, must be in operation at all times (i.e. Vendor must provide a workable system for refunding money to customers who insert money in a vending machine and, through malfunction of the vending machine, receive no product or money in return). Refund procedures shall be conspicuously posted in each location of vending machines.

5. Vendor shall agree that the County or its designee may audit, examine and copy any and all books, records, and information relating to the operation of the vending machines in County facilities. The vendor further agrees that failure to keep, maintain, and make available their records for any reason, whether within the Vendor’s control or not, shall constitute a material breach of contract.

6. Vendor shall obtain and maintain current all necessary permits, licenses, etc. for the operation of a

Vending Service, and shall pay all Federal, State, and Local taxes chargeable to the Vending Service.

7. Vendor shall be responsible for any and all damage to any County property resulting from Vendor’s operation, which shall be promptly repaired by the Vendor at Vendor’s sole expense. Vendor shall receive approval by the County prior to making repairs.

8. Vendor shall not operate, or permit to be operated by vendor’s employees, any other business of any kind, or any other vending units, other than pre-approved by Okaloosa County unless approval in writing by the County, prior to implementation.

9. Vendor is responsible for stocking fresh items and shall inspect items and check expiration dates and replace those items that may pass the expiration date prior to the next scheduled visit by a service representative. Food sold through vending machines and offered to patrons of vending machines must be sound and free from spoilage, filth or other contamination and must be safe for human consumption. The food must be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a food-processing establishment is prohibited. Items that exceed expiration date will be considered a contract violation.

10. Vendor shall monitor sales of products and increase high volume sales items as warranted and remove low volume sales items as warranted.

11. All products must be attractively packaged, clearly labeled including expiration dates and price.

12. Vendor shall be responsible for the sanitary condition of its equipment as well as the areas immediately adjacent to the equipment. Vendor hereby agrees that vending machine services shall, at a minimum include regular stocking, maintaining, servicing, repairing and/or replacing the required vending machines.

Such services shall also include maintaining sanitation, and cleanliness in the vending area related to the vending machine at the contractor’s sole expense. All vending machines shall be located so that space around and under the machines can be easily cleaned and maintained, and so that insect and rodent harborage is not created. When mounted on legs, a minimum of 6 inches of unobstructed space shall be provided beneath the unit. Vendor agrees to maintain high standards of sanitation with respect to the vending services provided.

Vendor shall perform all services to the sole satisfaction of the County.

13. Vendor must maintain all vending machines, furnished and installed, in accordance with the minimum practices established by the United States Public Health Service in their publications No.

546 entitled Health Service, the terms of which are incorporated herein by reference.

14. In order to assist the Okaloosa County Wellness Program, the awarded vendor must provide healthy snack options in each vending machine. List of healthy snacks must be approved through Purchasing Department prior to placement of snacks in vending machines.

15. Vending machines should come equipped with the following types of payment acceptance: credit card payment, cash and coins.

COUNTY RESPONSIBILITIES

1. The County will allow the vendor free access to the installed vending machines during normal operating hours. Other hours may be arranged with prior consent by the County.

2. The County will furnish electricity as needed by all installed vending units.

3. The County will provide janitorial services for the areas in which the vending units are installed.

4. The County retains the right to increase, decrease, or modify existing vending locations as it deems to be in the County’s best interest. The County does not guarantee high sales volume at any location and reserves the right to have service at low volume areas.

5. The County retains the right to specify certain types of snacks to be sold in the vending machines.

FINANCIAL REQUIREMENTS

1. Vendor shall submit the commission fee, based on gross receipts by vending unit, excluding sales tax, to the County within ten (10) calendar days following the conclusion of the previous monthly period.

2. Vendor shall be responsible for all sales tax, licenses, fees, etc.

3. Vendor must use generally accepted accounting principles as promulgated by the American Institute of

Certified Public Accountants.

4. Vendor shall make all firm fixed commission fees payable to Okaloosa County and remit as follows:

BCC Finance 101 E James Lee Boulevard Suite Crestview, FL 32536 Reference: Contract Number

5. Vendor shall be responsible for keeping accurate records of machine usage by location and submit same with commission fee on a monthly basis. The Vendor should utilize the DEX (Data Exchange) or other type of reporting system as outlined in the vending industry standard to maintain an electronic audit of collections. The contractor shall provide a monthly detailed report showing a breakdown of sales and commissions by location by machine.

6. Pricing of snacks should be in line with area vending prices.

LIABILITY

The County will not be responsible for any goods purchased by the vendor or for any other obligations or liabilities assumed or created by the contractor in the performance of this contract. The contractor shall not set or hold him/her out to be an agent for the County and nothing herein shall be construed as creating the relationship of partners, joint ventures or agency. The vendor shall hold the County harmless for any damages resulting from consumption of products delivered under said contract, when such damage is attributed to foreign materials or other defects in products/services delivered by the vendor.

FOOD LAWS AND STANDARDS

All foods and food products specified herein shall be processed, packaged and delivered in accordance with regulations of the Florida Department of Health, the USDA, and requirements of the Federal Food, Drug and Cosmetic Act and regulations promulgated hereunder. Also must be in compliance with the HACCP Alliance for safe handling of refrigerated foods. Provide HACCP Alliance membership number.

DESCRIPTIVE LITERATURE

The vendor is required to furnish with the bid, catalog cuts and/or description literature or detailed specifications for each vending unit offered.

MAINTENANCE AND MACHINE FAILURES

If vendor does not respond to service calls for inoperative machines within twenty-four (24) hours, and if machines are not maintained and kept in working order, or if a malfunctioning machine is not replaced within two (2) working days by the vendor, the County may request that a new machine be brought in at the vendor’s expense.

EQUIPMENT

1. Vendor to provide vending units that are of a matching style and design in order to present a favorable appearance to the public. Units may be new or like new (five (5) years or newer) in good mechanical condition, clean and undamaged inside and outside and of reputable manufacture. As new machines are developed, proven and become available, they should be put in service to assure that all machines are constantly updated. Replacement machines must be provided when determined by the County to be necessary. This would include interior and/or exterior deterioration, or chronic malfunctions.

2. Title to all equipment furnished and installed by the vendor shall remain the property of the vendor and none of the equipment shall become a part of the building.

PERSONNEL

1. The vendor agrees to employ and supervise all labor and management necessary for the efficient and effective operation of all vending machine services.

2. All service personnel shall be well groomed and uniformed. They shall comply with the rules and regulations with respect to personal hygiene and conditions of work as established or promulgated by the State Department of Health and Environmental Control, Food and Drug Administration and any other governmental agency. Also must be in compliance with the HACCP Alliance for safe handling of refrigerated foods. Provide HACCP Alliance membership number. Proper conduct of all personnel shall be maintained.

ADDITIONS / DELETIONS

1. The County reserves the right to add or delete the number and/or type of vending units installed at any current or any future locations.

2. The variety of items may be changed from time to time based on seasonal availability and popular demand.

Any change must be reviewed and approved by the County prior to any change-taking place. Any such changes shall be made as an addendum to said contract. Vendor shall not change prices of vending machine items without prior written permission from the Contract Administrator.

REVENUE PERCENTAGE ESCALATION/DE-ESCALATION (CPI)/TERM OF AGREEMENT

The County may allow a price escalation provision within this award. The original contract prices shall be firm for an initial one (1) year period. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the effective date. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics’. The information is available at www.bls.gov.

The bidder shall submit the following information with the bid:

• Referenced documentation-form included-The references shall be for work substantially similar in scope and magnitude satisfactorily completed and shall validate the following capabilities and experience:

adequate experience, staff, resources, facilities and equipment, required to successfully perform the work in accordance with the scope of services herein.

• Bid Response Form

• All documents as listed in #38 below.

• The award will be based on the best commission percentage of gross sales provided by the vendor.

TERM

The agreement will begin when all parties have signed and continue for three (3) years, with the option for two

(2) one (1) year renewals with mutual written consent of all parties.

http://www.bls.gov/

GENERAL SERVICES INSURANCE REQUIREMENTS

CONTRACTORS INSURANCE

1. The Contractor shall not commence any work in connection with this Agreement until he has obtained all required insurance and the certificate of insurance has been approved by the Okaloosa County Risk Manager or designee.

2. All insurance policies shall be with insurers authorized to do business in the State of Florida and having a minimum rating of A, Class X in the Best Key Rating Guide published by A.M. Best & Co. Inc.

3. All insurance shall include the interest of all entities named and their respective officials, employees & volunteers of each and all other interests as may be reasonably required by Okaloosa County. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance.

4. With the exception of Workers’ Compensation policies, the County shall be shown as an

Additional Insured with Endorsement for each policy on the Certificate of Insurance.

5. The County shall retain the right to reject all insurance policies that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the Contractor.

6. The County reserves the right at any time to require the Contractor to provide copies (redacted if necessary) of any insurance policies to document the insurance coverage specified in this Agreement.

7. Any subsidiaries used shall also be required to obtain and maintain the same insurance requirements as are being required herein of the Contactor

8. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this agreement shall be deemed unacceptable and shall be considered breach of contract.

WORKERS’ COMPENSATION INSURANCE

1. The Contractor shall secure and maintain during the life of this Agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County, the Contractor shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all sub-contractual Agreements which have been approved by the County.

2. Contractor must be in compliance with all applicable State and Federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act or Jones Act, if applicable.

3. No class of employee, including the Contractor himself, shall be excluded from the Workers’

Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer’s Liability coverage and a Waiver of Subrogation in favor of the County on the Certificate of Insurance. If there is an existing approved State of Florida Exemption for Workers’ Compensation it must be provided to Okaloosa County.

BUSINESS AUTOMOBILE LIABILITY

Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage. If the contractor does not own vehicles, the contractor shall maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Policy. Contractor must maintain this insurance coverage throughout the life of this Agreement.

COMMERCIAL GENERAL LIABILITY INSURANCE

1. The Contractor shall carry Commercial General Liability insurance against all claims for Bodily

Injury, Property Damage and Personal and Advertising Injury liability caused by the Contractor.

2. Commercial General Liability coverage shall include the following:

1.) Premises & Operations Liability 2.) Bodily Injury and Property Damage Liability 3.) Independent Contractors Liability 4.) Contractual Liability 5.) Products and Completed Operations Liability

3. Contractor shall agree to keep in continuous force Commercial General Liability coverage for the length of the contract.

INSURANCE LIMITS OF LIABILITY

The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer’s liability with limits as prescribed in this contract:

LIMIT

1. Workers’ Compensation

1.) State Statutory 2.) Employer’s Liability $500,000 each accident

2. Business Automobile $1M each accident

(A combined single limit)

3. Commercial General Liability $1M each occurrence for Bodily Injury & Property Damage $1M each occurrence Products and completed operations

4. Personal and Advertising Injury $1M each occurrence

NOTICE OF CLAIMS OR LITIGATION

The Contractor agrees to report any incident or claim that results from performance of this Agreement.

The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the Contractor’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification.

INDEMNIFICATION & HOLD HARMLESS

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract.

CERTIFICATE OF INSURANCE

1. Certificates of Insurance indicating the project name, number, and evidencing all required coverage and if applicable any State of Florida approved Workers’ Compensation Exemption must be submitted not less than 10 days prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County BCC, 5479A Old Bethel Road, Crestview, Florida, 32536.

2. The contractor shall provide a Certificate of Insurance to the County with a thirty (30) day prior written notice of cancellation; ten (10 days’ prior written notice if cancellation is for nonpayment of premium).

3. In the event that the insurer is unable to accommodate the cancellation notice Requirement, it shall be the responsibility of the contractor to provide the proper notice. Such notification shall be in writing by registered mail, return receipt requested, and Addressed to the Okaloosa County Purchasing Department at 5479-A Old Bethel Road, Crestview, FL 32536.

4. In the event the contract term goes beyond the expiration date of the insurance policy, the contractor shall provide the County with an updated Certificate of insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the contract until this requirement is met.

5. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior.

6. All certificates shall be subject to Okaloosa County’s approval of adequacy of protection.

7. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor’s full responsibility.

8. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR.

GENERAL TERMS

Any type of insurance or increase of limits of liability not described above which, the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense.

Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this contract shall be deemed unacceptable and shall be considered breach of contract.

The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract.

Should the Contractor engage a subcontractor or sub-subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub-subcontractor.

The Contractor hereby waives all rights of subrogation against Okaloosa County and its employees under all the foregoing policies of insurance.

EXCESS/UMBRELLA INSURANCE

The Contractor shall have the right to meet the liability insurance requirements with the purchase of an EXCESS/UMBRELLA insurance policy. In all instances, the combination of primary and EXCESS/UMBRELLA liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement.

GENERAL BID CONDITIONS

1. PRE-BID ACTIVITY -

Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County Administrator, Commissioners, County staff, and Review Committee members, or any other person authorized on behalf of the County related or involved with the solicitation.

All questions or inquiries must be received no later than the last day for questions (reference ITB & Respondent’s Acknowledgement form). Any addenda or other modification to the ITB documents will be issued by the County five (5) days prior to the date and time of closing, as a written addenda distributed to all prospective Respondents by posting to the OpenGov following website.

Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of any and all addenda in writing and submit with their bid. No respondent may rely upon any verbal modification or interpretation.

2. PREPARATION OF BID – The bid form is included with the bid documents. Additional copies may be obtained from the County. The respondent shall submit bids in accordance with the public notice.

All blanks in the bid documents shall be completed by printing in ink or by typewriter in both words and numbers with the amounts extended, totaled and the bid signed. A bid price shall be indicated for each section, bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. No changes shall be made to the phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the numerical figures, the written amount shall govern. Any bid which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice inviting bids may be rejected.

A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.

A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

A bid submitted by an individual shall show the respondent’s name and official address.

A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form. The official address of the joint venture must be shown below the signature.

It is preferred that all signatures be in blue ink with the names type or printed below the signature. Okaloosa County does not accept electronic signatures.

The bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the form. The address and telephone # for communications regarding the bid shall be shown.

If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license # for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

3. INTEGRITY OF BID DOCUMENTS - Respondents shall use the original Bid documents provided by the

Purchasing Department and enter information only in the spaces where a response is requested. Respondents may use an attachment as an addendum to the Bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modification or alteration that a respondent wish to propose must be clearly stated in the respondent’s response in the form of an addendum to the original bid documents.

4. SUBMITTAL OF BID – A bid shall be submitted electronically no later than the date and time prescribed on the Notice to Respondents. The responses submitted should be one (1) completed document, unless otherwise specified in the document.

5. MODIFICATION & WITHDRAWAL OF BID - A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are to be submitted prior to the date and time for the opening of bids.

If within 24 hours after bids are opened any respondent files a duly signed written notice with the County and promptly thereafter demonstrates to the reasonable satisfaction of the County that there was a material substantial mistake in the preparation of its bid, that respondent may withdraw its bid, and the bid security may be returned. Thereafter, if the work is rebid, that respondent will be disqualified from 1) further bidding on the work, and 2) doing any work on the contract, either as a subcontractor or in any other capacity.

6. BIDS TO REMAIN SUBJECT TO ACCEPTANCE – All bids will remain subject to acceptance or rejection for ninety (90) calendar days after the day of the bid opening, but the County may, in its sole discretion, release any bid and return the bid security prior to the end of this period.

7. IDENTICAL TIE BIDS - – In cases of identical procurement responses, the award shall be determined either by lot or on the basis of factors deemed to serve the best interest of the County. In the case of the latter, there must be adequate documentation to support such a decision.

8. CONDITIONAL & INCOMPLETE BIDS - Okaloosa County specifically reserves the right to reject any conditional bid and bids which make it impossible to determine the true amount of the bid.

9. PRICING – The bid price shall include all equipment, labor, materials, freight, taxes etc. Okaloosa County reserves the right to select the most responsive bid, to include the vendor who provides the best commission over the contract term.

10. ADDITION/DELETION OF ITEM – The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County’s best interest.

11. SPECIFICATION EXCEPTIONS – Specifications are based on the most current literature available.

Respondent shall clearly list any change in the manufacturer’s specifications which conflict with the bid specifications. Respondent must also explain any deviation from the bid specification in writing, as a foot note on the applicable bid page and enclose a copy of the manufacturer’s specifications data detailing the changed item(s) with their bid. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications.

12. APPLICABLE LAWS & REGULATIONS – All applicable Federal and State laws, County and municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over the project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

13. DISQUALIFICATION OF RESPONDENTS - Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its bid:

a. Submission of more than one proposal for the same work from an individual, firm or corporation under the same or different name.

b. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

c. Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.

d. Uncompleted work which in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded.

e. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals.

f. Default under previous contract.

g. Listing of the respondent by any Local, State or Federal Government on its barred/suspended vendor list.

14. AWARD OF BID

A. Okaloosa County Review - Okaloosa County designated Staff will review all bids and will participate in the Recommendation to Award.

B. The County will award the bid to the responsive and responsible vendor(s) with the lowest responsive bid(s), and the County reserves the right to award the bid to the respondent submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. The County reserves the right to award to multiple vendors.

C. Okaloosa County reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid and to accept the bid that in its judgment will best serve the interest of the County.

D. Okaloosa County specifically reserves the right to reject any conditional bids and will normally reject those which made it impossible to determine the true amount of the bid. Each item must be bid separately and no attempt is to be made to tie any item or items to any other item or items.

15. PAYMENTS – The respondent shall be paid upon submission of invoices and approval of acceptance by

Okaloosa County Board of County Commissioners, Finance Office, 101 E. James Lee Blvd., #108, Crestview FL 32536, for the prices stipulated herein for articles delivered and accepted. Invoices must show Contract #.

16. DISCRIMINATION - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

17. PUBLIC ENTITY CRIME INFORMATION - Pursuant to Florida Statute 287.133, a respondent 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

18. CONFLICT OF INTEREST - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their bids the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies.

Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches.

Note: For respondent’s convenience, this certification form is enclosed and is made a part of the bid package.

19. REORGANIZATION OR BANKRUPTCY PROCEEDINGS – Bids will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings.

20. INVESTIGATION OF RESPONDENT – The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent shall furnish to the Owner any additional information and financial data for this purpose as the County may request.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.017.html

21. CONE OF SILENCE CLAUSE - The Okaloosa County Board of County Commissioners has established a solicitation silence policy (Cone of Silence Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences from the date of advertisement until award of contract.

All communications shall be directed to the Purchasing Department -see attached form.

Note: For respondent’s convenience, this certification form is enclosed and is made a part of the bid package.

22. REVIEW OF PROCUREMENT DOCUMENTS - Per Florida Statute 119.071 (2) 2 sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

23. COMPLIANCE WITH FLORIDA STATUTE 119.0701 - The Respondent shall comply with all the provisions of section 119.0701, Florida Statutes relating to the public records which requires, among other things, that the Respondent: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (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; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the respondent upon termination of the contract.

24. PROTECTION OF RESIDENT WORKERS – The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The respondent shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements.

Respondents doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States.

25. SUSPENSION OR TERMINATION FOR CONVENIENCE - The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period of time as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this Contract.

26. FAILURE OF PERFORMANCE/DELIVERY - In case of default by the respondent, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the respondent responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the award and removal of the respondent from the bid list for duration of one (1) year, at the option of the County.

27. AUDIT - If requested, respondent shall permit the County or an authorized, independent audit agency to inspect all data and records of respondent relating to its performance and its subcontracts under this bid from the date of the award through three (3) years after the expiration of contract.

28. EQUAL EMPLOYMENT OPPORTUNITY; NON DISCRIMINATION – Respondent will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap.

29. NON-COLLUSION – Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other respondents.

See Florida Statute 838.22.

30. UNAUTHORIZED ALIENS/PATRIOT’S ACT – The knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. In the event that the respondent is notified or becomes aware of such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent’s failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws.

31. CERTIFICATE OF GOOD STANDING FOR STATE OF FLORIDA - Florida Statute 607.1501 requires that all vendors who wish to do business in the State of Florida be licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is https://dos.myflorida.com/sunbiz

32. AUTHORITY TO PIGGYBACK – All respondents submitting a response to this Request for Bid agree that such response also constitutes a proposal to other Florida local governments under the same conditions, for https://dos.myflorida.com/sunbiz the same contract price, and for the same effective period, should the respondent feel it is in their best interest to do so.

a. Each governmental agency desiring to accept this proposal and make and 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 the ITB. This provision in no way restricts or interferes with the right of any governmental agency to independently procure any or all items.

33. BYRD ANTI LOBBYING (31 U.S. C. 1352) - The Certification regarding Lobbying executed by Contractor and attached as part of Attachment “A” to the Agreement is hereby acknowledged and made part of the Agreement by reference.

34. WORK HOUR AND SAFETY STANDARDS (40 U.S.C. 3701-3708) - The Certification regarding Work Hours and Safety Standards executed by Contractor and attached as part of Attachment “A” to the Agreement is hereby acknowledged and made part of the Agreement by reference.

35. FINANCIAL STABILITY- In the case of Federal and/or Florida State funded procurements, prior to awarding this contract, the top respondents will be required to submit to a soft credit pull for purposes of the County's Risk Assessment consideration; objections by any respondent will disqualify them from consideration. Bad credit indicating you are a high risk may impact your application. Responses will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings.

36. SYSTEM OF AWARD MANAGEMENT (SAM.GOV). If grant funded, all vendors must be registered in SAM in order to do business with the County. In order to be considered for the project, the vendor must be registered prior to submitting a bid/proposal with the County. Failure to show proof of SAM.gov registration at time of submitting a bid/proposal may deem the vendors bid/proposal unresponsive. You can register for SAM at the below link: https://sam.gov/content/home. Note it can take some time for a vendor to get registered for the System of Award Management and as such it is important to start the process as soon as possible to qualify as a responsive vendor.

37. Pursuant to section 287.05701, Florida Statutes, the County will not request any documentation of or consider a proposer’s social, political or ideological interests when determining if the proposer is a responsible proposer. The County will not give a preference to a proposer based upon the proposer’s social, political, or ideological interests.

https://sam.gov/content/home

38. The following documents shall be submitted with the bid packet. Failure to provide required forms may result in contractor disqualification.

RESPONSE DOCUMENT #1: DRUG-FREE WORKPLACE CERTIFICATION

RESPONSE DOCUMENT #2: CONFLICT OF INTEREST DISCLOSURE FORM

RESPONSE DOCUMENT #3: FEDERAL E-VERIFY COMPLIANCE CERTIFICATION

RESPONSE DOCUMENT #4: CONE OF SILENCE FORM

RESPONSE DOCUMENT #5: INDEMNIFICATION AND HOLD HARMLESS

RESPONSE DOCUMENT #6: ADDENDUM ACKNOWLEDGEMENT

RESPONSE DOCUMENT #7: COMPANY DATA

RESPONSE DOCUMENT #8: SYSTEM AWARD MANAGEMENT FORM

RESPONSE DOCUMENT #9: LIST OF REFERENCES

RESPONSE DOCUMENT #10: CERTIFICATION REGARDING LOBBYING

RESPONSE DOCUMENT #11: SWORN STATEMENT – PUBLIC ENTITY CRIMES

RESPONSE DOCUMENT #12: GOVERNMENTAL DEBARMENT & SUSPENSION

RESPONSE DOCUMENT #13: VENDORS ON SCRUTINIZED COMPANIES LIST

RESPONSE DOCUMENT #14: GRANT FUNDED CLAUSES

RESPONSE DOCUMENT #15: BUY AMERICAN CERTIFICATE

RESPONSE DOCUMENT #16: BID RESPONSE SHEET

RESPONSE DOCUMENT #17: ANTI-COLLUSION STATEMENT

RESPONSE DOCUMENT #18: ITB RESPONDENT’S ACKNOWLEDGEMENT

RESPONSE DOCUMENT #19: ANTI-HUMAN TRAFFICKING AFFIDAVIT

RESPONSE DOCUMENT #20: CERTIFICATE OF GOOD STANDING FOR THE STATE OF

FLORIDA-PROVIDED BY CONTRACTOR – see above* (vendor provided form)

RESPONSE DOCUMENT #1: DRUG-FREE WORKPLACE CERTIFICATION

THE BELOW SIGNED RESPONDENT CERTIFIES that it has implemented a drug-free workplace program.

In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled…