INVITATION FOR BID

IFB-5348-26/AES

MECHANICAL TREATMENT, MOWING AND

FIREBREAK CREATION SERVICES

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: November 3, 2026

DEADLINE FOR QUESTIONS: November 20, 2026

RESPONSE DEADLINE: December 2, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

IFB #IFB-5348-26/AES

Mechanical Treatment, Mowing and Firebreak Creation Services

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Bidders IV. Instructions for the Preparation of Bids V. Price Proposal

Attachments:

A - Photo Examples of Projects

B - Sample Purchase Order

C - Draft Agreement

Title: Mechanical Treatment, Mowing and Firebreak Creation Services

1. Introduction

The Bidder is expected to completely analyze the information contained in this Invitation for Bid

(IFB) as guidance for the preparation of their written submittal. The Bidder’s written bid should be specific, detailed, and complete to demonstrate the Bidder’s understanding of the requested work clearly and fully and/or delivery requirements.

Public Records: Article 1, Section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of “public records.” As such, all responses to this competitive solicitation are public records. Any Bidder or

Respondent claiming any portion of its response to the solicitation contains information that is exempt from the public records law shall review and strictly follow the procedures set forth herein

1.1. Summary

Seminole County BCC (County) is soliciting the services of qualified Bidders to provide mechanical treatment services in the form of mechanical reduction and/or firebreak creation and maintenance for properties that are managed by the Parks and Recreation Department. The

County intends to make multiple awards under this solicitation.

1.2. Background

The Natural Lands Program's mission is preservation and management of natural areas within

Seminole County to enhance or promote native biodiversity, wildlife corridors, water resources, environmental education and passive recreation.

The project areas will require mechanical treatment in the form of mechanical reduction of vegetation, mowing of trails and firebreaks, and firebreak creation. This natural resource-related work requires special attention to conservation goals. These include protection of rare and endangered species, habitat restoration, facilitating prescribed fire, and supporting passive recreation.

These projects require specialized heavy equipment that may include a tractor, forestry mulching head, skid-steer, roller chopper, root rake, bulldozer, disk harrow, and excavator

(firebreak creation). Although we complete many of these projects in-house, having an option to use contractors to perform these projects when needed allows the Department's limited staff to be more efficient with the use of their time, and to meet multiple annual objectives.

This is a re-solicitation of RFP-5245-26/AES. Please take care to review all documents in the solicitation package as multiple elements have been revised.

1.3. Contact Information

Amber Spears Senior Procurement Analyst 1301 E. Second St Sanford, FL 32771 Email: aspears@seminolecountyfl.gov Phone: (407) 665-7125 mailto:aspears@seminolecountyfl.gov tel:(407)665-7125

Department:

Parks and Recreation - Trails and Parks

1.4. Timeline

Release Project Date November 3, 2026

Pre-Bid Meeting (Non-Mandatory) November 16, 2026, 11:00am

Microsoft Teams https://teams.microsoft.com/meet/2815762728

601962?p=67WgMs5RosS23sFymz

Meeting ID: 281 576 272 860 196 2 Passcode: M2Nt74i9

Dial in by phone:

+1 929-335-6927,,500582987# Phone conference ID: 500 582 987#

Question Submission Deadline November 20, 2026, 5:00pm

Bid Submission Deadline December 2, 2026, 2:00pm

Attend bid opening via Microsoft Teams https://teams.microsoft.com/meet/2375787075

45?p=S3tsxHJlPhNVKw6uG0

Meeting ID: 237 578 707 545 Passcode: By9VR7oV https://teams.microsoft.com/meet/2815762728601962?p=67WgMs5RosS23sFymz https://teams.microsoft.com/meet/237578707545?p=S3tsxHJlPhNVKw6uG0 https://teams.microsoft.com/meet/237578707545?p=S3tsxHJlPhNVKw6uG0

2. Scope of Services

2.1. GENERAL DESCRIPTION

The selected Contractor will furnish all labor, equipment, and materials. Project equipment must be able to perform in deep sandy soil without excessive ground disturbance. Estimated annual work will vary, not all work will be needed annually, and projects may be small or large depending on the need and weather conditions.

2.2. PROJECT LOCATIONS

All locations are properties managed by the Seminole County Natural Lands Program and Trails and Parks Division of Seminole County Parks and Recreation Department

2.3. WORK SPECIFICATIONS

A. Contractor Qualifications and Requirements

1. The Contractor shall have experience working in natural areas, and references and past project examples are requested in Section 4 of the solicitation.

2. The Contractor shall have a designated Crew Supervisor on site at all times.

B. Project Materials, Labor, and Equipment Standards

1. The Contractor shall furnish all labor, equipment, and materials needed for the project.

2. All equipment used by the selected Contractor will be clean (free of soil and plant debris) upon arrival at the project site.

3. Equipment may be inspected by the Project Manager or designee.

4. All project equipment must remain on-site until the Project Manager has approved the completed project.

C. Safety and Compliance Requirements

1. The Contractor shall follow all applicable safety procedures and guidelines outlined by OSHA.

2. The Contractor shall use appropriate methods to minimize damage to groundcover and topography.

3. The Contractor shall work cooperatively with the Project Manager to resolve issues regarding safety or environmental concerns.

D. Environmental and Wildlife Protection

1. All wildlife (including venomous snakes), plants, and cultural resources are protected and should not be collected or harmed.

2. Areas known to have listed species will be flagged by County Staff and must be avoided.

3. The Contractor will avoid direct impact to any gopher tortoise burrow, whether flagged or not, that lies within the work area by keeping heavy machinery off of the tunnel and burrow apron.

E. Project Communication and Coordination

1. A map of the project area, if necessary, will be provided by the Project Manager to the Contractor.

2. The Contractor shall coordinate with the Project Manager or his designee to establish a mutually agreeable work schedule.

3. The Contractor shall notify the onsite Project Manager before entering the site to begin work, with at least two weeks notice when the work requires the property to be closed.

4. Interactions with or questions from the public shall be directed to the Project

Manager or onsite manager.

F. Site Cleanliness

1. No garbage shall be left on site by the Contractor.

2.4. METHODS OF TREATMENT

A. Forestry Mulching/Mowing

1. A forestry mulching (Fecon) head or heavy-duty rotary head type mower shall be used to achieve the desired reduction of vegetation to near ground level. Oaks over

15 inches DBH can be left standing.

2. Sand pines and cabbage palms of all sizes will be mulched to near ground level.

3. Avoid all longleaf pines, slash pines, turkey oaks and any other species requested by the site manager.

4. Work may include special instructions to avoid certain plant species, animal habitats, or to only treat specific areas as requested by the site manager.

B. Roller Chopping

1. A roller chopper shall be used to achieve the desired reduction of above-ground vegetation and disruption of below-ground roots or stems.

2. Degree/depth of chop will be determined at time of project and varies with the condition of the habitat.

C. Bush Hog Mowing

1. A bush-hog mower shall be used for lighter bush hog mowing of acreage such as in pastureland or dry floodplain areas. These areas may contain thick, tall grasses and young woody vegetation less than 3 ft tall.

D. Firebreak Creation

1. Creation of an 8ft-wide mineral soil firebreak where all vegetation up to 15-inch dbh will be cleared and root-raked. Debris can be scattered on either side of the line, but piles of debris are not acceptable. The entire firebreak will be disked by the contractor afterwards using an inline harrow to smooth out the surface.

E. Trail/Road Mowing

1. A bush-hog type mower shall be used to mow an established trail or firebreak road to a minimum width of 8 feet. These areas require extra caution due to the presence of hikers, bikers and equestrians, as well as wildlife.

F. Firebreak Maintenance

1. A bush hog type mower shall be used to mow the entire firebreak width of 25 ft. This includes infrequently mowed vegetation (includes woody vegetation less than 3 ft tall) and the 8 ft wide mineral soil line. These areas require extra caution due to the presence of hikers, bikers and equestrians, as well as wildlife.

G. Firebreak Disking

1. A disc harrow or tiller shall be used to maintain a minimum 8 ft-wide mineral line on the road or trail portion of a firebreak.

2. A plough is not permitted for this work.

2.5. PRICING

A. Invoices shall be submitted consistent with the associated unit of measurement from the submitted Bid Form.

B. Projects will be assigned by Work Orders on an as needed basis and may be comprised of multiple locations. Each location may require multiple Services.

C. Mobilization Fees

1. The mobilization fee is a one-time fee for equipment transported to a location. This is to supplement transportation costs to and from a site, loading, and unloading of equipment, labor, and additional operating time.

2. This fee shall be charged once per location, one (1) time for each Service Type, as listed in the Bid Pricing, regardless of the amount of equipment deployed for the service.

3. If the scope of work includes more than one property, this fee would be repeated for each additional property requiring transport.

4. Examples of the Mobilization Fee application:

a.

b.

3. Instructions to Bidders

3.1. Contact

All prospective Bidders are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, Amber Spears, regarding this IFB or their written bid at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your bid.

Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Bid Meeting

A non-mandatory Pre-Bid Meeting will be held via Microsoft Teams on

Monday, November 16, 2026, 11:00am.

Microsoft Teams Link

Meeting ID: 281 576 272 860 196 2 Passcode: M2Nt74i9

Dial in by phone:

+1 929-335-6927,,500582987# Phone conference ID: 500 582 987#

3.3. Public Opening

Electronic bids shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7125.

Attend bid opening via Microsoft Teams at https://teams.microsoft.com/meet/237578707545?p=S3tsxHJlPhNVKw6uG0.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 237 578 707 545

Passcode: By9VR7oV

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the https://teams.microsoft.com/meet/2815762728601962?p=67WgMs5RosS23sFymz https://teams.microsoft.com/meet/237578707545?p=S3tsxHJlPhNVKw6uG0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2FJoinTeamsMeeting%3Fomkt%3Den-US&data=05%7C02%7Cltorres%40seminolecountyfl.gov%7C631e7ee202ac46256e5608dda8547486%7C9d380a55ed1044b9813bb83cfe0e80d4%7C1%7C0%7C638851802863957101%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=V5vNikox%2BrhxGJ6C4PPD69gzbL0kShvF%2BJ%2FJzaVHIRQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZWM3MTEwMDQtMDcwYi00MzYxLTk0NGYtMWY0OTk5MGI1N2Qy%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25229d380a55-ed10-44b9-813b-b83cfe0e80d4%2522%252c%2522Oid%2522%253a%2522462f8932-cfb6-408b-89d3-e432396ca876%2522%257d&data=05%7C02%7Cltorres%40seminolecountyfl.gov%7C631e7ee202ac46256e5608dda8547486%7C9d380a55ed1044b9813bb83cfe0e80d4%7C1%7C0%7C638851802863980745%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=hlj%2FeswEYt0%2B6dgzTjNiTmwKIvQ4inmdJOGA5WVgLT4%3D&reserved=0 scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Bid Submission and Withdrawal

The COUNTY will accept bids electronically via the COUNTY’s e-Procurement Portal until 2:00 pm on Wednesday, December 2, 2026. Bids received after the scheduled due date and time for submission shall not be considered. Bids submitted in any other format other than via the

COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Bidder for this solicitation and will appear on the Follower’s list. Bidders that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this IFB. If a Bidder encounters technical difficulties using the

COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Bidders may access the Help Center for vendor training guides provided by OpenGov-Procurement, the Software

Administrator. Proposers may also contact the Software Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Bidder is using to submit a response. Failure of the Bidder to successfully submit an electronic bid before the deadline indicated herein shall be at the Bidder's sole risk, and no relief will be given for late and/or improperly submitted bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the COUNTY’s e-Procurement Portal. Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-7125, before the 2:00 pm deadline.

The Bidder is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written bid.

Bidders may withdraw their bid electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Bidders should carefully examine the IFB documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Bidder, shall constitute an acceptance by the Bidder of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the IFB documents, shall be requested in writing, and received no later than http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

5:00 pm on Friday, November 20, 2026. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this IFB. If the Q&A deadline has passed, a Bidder may contact the COUNTY directly if necessary at aspears@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Draft Legal Agreement

The COUNTY’s standard written legal agreement (hereinafter “Draft Agreement”), attached hereto, contains the terms and conditions that will become an integral part of the Contract. Any proposed revisions to the Draft Agreement will only be considered by the COUNTY if requested by Bidder/Proposer, and received in writing by COUNTY, prior to the scheduled due date and time identified herein as the Submission Deadline.

Any proposed revisions received by the COUNTY after the due date and time identified herein as the Submission Deadline will not be considered.

Bidders who do not request any revisions agree to be legally bound by the terms and conditions of the Draft Agreement.

3.8. Addenda

Should revisions to the IFB documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the IFB’s Followers list. All Bidders should check the COUNTY's Website or notify Amber Spears to verify information regarding

Addenda. Failure to do so may result in rejection of the Bidder’s submitted bid and a determination as “Non-Responsive”. By execution of the Formal Notice for this IFB, the Bidder acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website (https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Bidder to ensure that they obtain information related to any Addenda.

3.9. Selection Process and Award

The award will be made in the best interest of the COUNTY, as determined by the COUNTY, based upon the low total price and/or line-item by line-item, to the Lowest Responsible Bidder(s) that meet the requirements listed in this solicitation. The COUNTY will determine the method that will more benefit the organization. The Bidder(s) understands that this Bid does not constitute an agreement or a contract with the Bidder. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. In evaluating Bids, the COUNTY shall consider the information provided by the Apparent Low Bidder as described in these "INSTRUCTIONS TO BIDDERS." Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid:

(a) Submission of more than one (1) Bid for the same Work by any entity under the same or different names.

(b) Evidence of collusion among Bidders.

(c) Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid.

(d) Lack of responsibility as shown by past Work from the standpoint of life safety including, but not limited to, strict adherence to all maintenance of traffic requirements of COUNTY, workmanship, progress and financial irresponsibility.

(e) Uncompleted Work for which the Apparent Low Bidder is committed by contract which might hinder or prevent the prompt completion of Work under this Bid if an Agreement would have been awarded to the Apparent Low Bidder.

(f) Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the COUNTY's option, for disqualification of the Apparent Low Bidder or rejection of the Bid.

(g) This section shall be construed liberally to benefit the public and not the Apparent Low

Bidder; however, any other evidence which may hinder or otherwise delay completion of the

Project may be grounds for disqualification.

(h) Non-compliance with the submittal requirements of these Instructions to Bidders.

AWARD CRITERIA: The recommendation of award will be based on, but not limited to the following criteria:

(a) The evidenced ability, capacity, and skill of the Apparent Low Bidder to perform the Work.

(b) Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference.

(c) The character, integrity, reputation, judgment, and efficiency of the Apparent Low Bidder.

(d) The quality of performance of previous contracts or services to Seminole County or any other agency or client.

(e) The previous and existing compliance by the Apparent Low Bidder with Chapter 220, Seminole County Purchasing Code & Procedures, the life safety requirements of COUNTY, and other laws and ordinances, regulations.

(f) The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work.

(g) The quantity, availability, and adaptability of the Apparent Low Bidder to perform the

Agreement or service to the particular needs of the COUNTY.

(h) The ability of the Apparent Low Bidder to retain employees for the purpose of this Work.

(i) The experience of the Apparent Low Bidder performing in a similar manner as required by this Agreement. Minimum of three (3) satisfactory years shall be required.

(j) The type, structure, and experience of the local or branch management proposed.

(k) Quality Control Program.

(l) Claims and Litigation filed against the Apparent Low Bidder or filed by the Apparent Low

Bidder for equitable adjustment, contract claim or litigation in the past five (5) years.

(m) Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association within the last five (5) years.

3.10. Bid Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this IFB. Bidders should prepare their bids simply and economically, providing a straightforward and concise description of the Bidder's ability to meet the requirements of this IFB

3.11. Accuracy of Bid Information

By submission of a bid, Bidder acknowledges that they have carefully examined the IFB documents and agrees to furnish the services/products specified in the solicitation at the prices, rates or discounts as proposed. Bidders agree that their bid will remain firm for a period of up to one hundred twenty (120) days to allow the County adequate time to evaluate the submittals.

By submission of a bid, Bidder agrees to abide by all conditions of this bid and understands that a background investigation may be conducted by the Seminole County Sheriff’s Department prior to award. Bidder certifies that all information contained in their bid is truthful to the best of their knowledge and belief. Bidder further certifies that they are duly authorized to submit this bid on behalf of the vendor/Bidder as its act and deed and that the vendor/Bidder is ready, willing, and able to perform if selected.

3.12. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Bidder’s submitted bid and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Bidders review the insurance requirements listed within the Draft Term Contract with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Term Contract. The COUNTY reserves the right to reject the award to any Bidder that fails to provide the insurance as required within the COUNTY’s Term Contract.

3.13. Licenses

Bidders, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of Bid. Should the Bidder not be fully licensed and certified, its bid shall be rejected. Any permits, licenses, or fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs.

Adherence to all applicable code regulations, Federal, State, County, City, etc., are the responsibility of the Bidder.

The following licensing requirements shall apply when the applicable Florida Statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. (a)

State of Florida, Department of Professional Regulation, Construction Industries Licensing

Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work; (b) Said licenses shall be in the Bidder's name as it appears on the Official Bid Form. Bidder shall supply appropriate license numbers, with expiration dates, as part of their bid. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the bid; (c) Bidder shall provide copies of all applicable licenses with their Bid; and (d) Subcontractors contracted by the Prime

Contractor shall be licensed in their respective fields to obtain construction permits from the

County.

3.14. Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of the bid matter with which this bid package is concerned, all material, equipment, etc., as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements; the Bidder's signature upon the bid form being by this reference considered a certification of such fact.

3.15. Posting of the IFB's Recommendation and Intent to Award

The recommendation and intent to award for this IFB will be posted on the COUNTY’s Website

(https://procurement.opengov.com/portal/seminolefl) prior to submission for final approval of award. Failure to file a protest with the COUNTY’s Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.16. Public Records Compliance

By executing this Contract, the Contractor hereby certifies that it understands and agrees that all books, records, and accounts related to the performance of this Contract shall be subject to the applicable public records provisions of Chapter 119, Florida Statutes. As such, all books, records, and accounts created by the Contractor, or provided to the Contractor pursuant to this Contract, are public records and the Contractor agrees to assist the County in compliance with any request for such public records made in accordance with Chapter 119, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE COUNTY’S PUBLIC RECORDS

COORDINATOR AT:

407-665-7410, PUBLICRECORDS@SEMINOLECOUNTYFL.GOV

1101 E. FIRST STREET

SANFORD, FL 32771

A. CONTRACTOR specifically acknowledges its obligations to comply with Section

119.0701, Florida Statues, with regard to public records and shall:

1. Keep and maintain public records that ordinarily and necessarily would be required by

COUNTY; and

2. Provide the public with access to public records on the same terms and conditions that

COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

3. 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

4. Meet all requirements for retaining public records and transfer, at no cost to the

COUNTY, all public records in possession of CONTRACTOR upon termination of this

Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY.

3.17. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bona fide employee working solely for the Bidder to solicit or secure the Term Contract for this IFB, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Term Contract. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Term Contract at its sole discretion, without liability and to deduct from the Term Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.18. Acceptance/Rejection/Disqualification

The COUNTY reserves the right to accept and make award to those Bidders, who in the opinion of the COUNTY, will be in the best interest of and/or the most advantageous to the COUNTY.

The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. The COUNTY reserves the right to reject the bid of any

Bidder who has previously failed in the proper performance of an award or to deliver on time agreements of a similar nature or who, in the COUNTY's opinion, is not in a position to perform properly under this award. The COUNTY reserves the right to inspect all facilities of Bidders to make a determination as to the available resources to perform properly under this award. The

COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement.

More than one (1) bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one bid/proposal submittal will be cause for rejection of all bids in which such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection.

3.19. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document shall apply: No additional terms and conditions included with the bid response shall be considered.

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 transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or any special conditions in these Bid Documents and any addenda issued under this solicitation are the only conditions applicable to this bid and the Bidder's authorized signature on the Bid Response Form attests to this. Exceptions to the terms and conditions will not be accepted.

3.20. Responsibility

The County reserves the right, before award, to require a Bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available such as financial, technical, and other qualifications and abilities of the Bidder, including past performance and experience with the County. This information may be used to determine the

Bidder’s responsibility.

3.21. Bids to Remain Firm

All Bids shall remain firm for a minimum of one hundred twenty (120) days after the day of the

Bid opening to allow for the evaluation and selection process and proper execution of the

Agreement. Extensions of time when Bids shall remain opened beyond the one hundred twenty

(120)-day period may be made only by mutual agreement between Seminole County and the

Selected Bidder. The successful Contractor must maintain the bid prices firm for a minimum of one (1) year after the contract is executed. No cost increase will be authorized during the first year of the agreement.

3.22. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this IFB in their entirety.

3.23. Affirmation

By submission of a bid, the Bidder affirms that their bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Bidder agrees to abide by all conditions of this IFB and the resulting Term

Contract as prepared by Seminole County.

3.24. Mistakes in the Bid

Bidders are expected to examine the terms and conditions, specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at Bidder's risk. In the event of extension error(s), the unit price will prevail, and the Bidder's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the event of addition errors(s), the unit price, and extension thereof, will prevail and the Bidder's total offer will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder.

3.25. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Purchasing and Contracts

Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the County.

3.26. Drug-Free WorkPlace Compliance

Bidder shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the bid and all agreements as a result of this solicitation.

3.27. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency

(federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.28. Uniform Commercial Code

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Bidder and the County for any terms and conditions not specifically stated in this solicitation.

3.29. Proprietary/Restrictive Specifications

Bidder, who feels the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts Division of their rejection upon receipt of this IFB and prior to the due date.

3.30. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.31. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price

Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor

Statistics.

PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows:

Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).

PPI in the month the solicitation closed was 158.73

Current PPI is 264.52 -158.73

105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

The New Unit Price for the service is $109.32 ($100.00 + $9.32)

EXPIRATION UPON FAILURE TO AGREE TO PRICE REDETERMINATION. If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section, then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination.

Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Contract. If the contract expires pursuant to the terms and conditions of this

Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible

Contractor.

3.32. Purchasing Agreements With Other Governmental Agencies

All Applicants submitting a response to this solicitation agree that such response also constitutes a submittal to all governmental agencies within the State of Florida, under the same conditions, for the same contract price, and for the same effective period as this bid, should the

Applicant feels it is in their best interest to do so. Each governmental agency desiring to accept these submittals, and make 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 solicitation. This agreement in no way restricts or interferes with the right of any governmental agency to re-solicit any or all items.

3.33. Quantities

Seminole County will not be held to any maximum or minimum purchase quantities as a result of this solicitation and/or resulting contract. Seminole County reserves the right to purchase any;

all, or none, of its requirements from vendors awarded a contract as a result of this solicitation.

All quantities as shown are approximate and no guarantee is made. Except as this contract may otherwise provide, if the County’s requirements do not result in orders in the quantities described as “estimated” in the contract’s price schedule, that fact shall not constitute the basis for an equitable adjustment.

3.34. Price/Delivery

Price(s) quoted must be the price(s) for new merchandise unless otherwise specified. Any bids containing escalator clauses will not be considered unless specifically requested in the bid specifications.

Delivery shall be during the normal working hours of the user department, Monday through

Friday, unless otherwise specified and incorporated into contract or purchase order document.

F.O.B. POINT: The F.O.B. point shall be destination. The prices bid shall include all costs of loading, transporting, delivery and to designated point(s) within Seminole County.

Deliveries resulting from this bid are to be made during the normal working hours of the County.

Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to cancel the order or contract and make the purchase elsewhere and the Contractor will be required to compensate the County for the difference in price paid for the alternate product. The Contractor shall be responsible for making all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated.

3.35. Bid Forms

All bids must be submitted on the County’s standard Bid Response Form. Bids on Bidder’s quotation forms shall not be accepted.

3.36. Method of Ordering

The County shall issue Purchase Orders against the contract on an as needed basis for the supplies or services listed on the Bid Price Sheet.

The County reserves the right to reject all bids, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids, or to cancel the project in its entirety.

4. Instructions for the Preparation of Bids

The Bidder(s) warrants its response to this Invitation for Bid to be fully disclosed and correct.

The firm must submit a bid complying with this Invitation for Bid, and the information, documents and material submitted in the bid must be complete and accurate in all material aspects. Bidders are advised to carefully follow the instructions listed below to be considered fully responsive to this Bid. Bidders are further advised that lengthy or overly verbose or redundant submissions are not necessary.

Compliance with all requirements will be solely the responsibility of the Bidder. Failure to provide requested information may result in disqualification of response.

4.1. Type of Business*

☐ Corporation

☐ Joint Venture

☐ Partnership

☐ Proprietorship

*Response required

4.2. Type in your Legal Entity Name Here.*

This name will be verified against the Secretary of State website.

*Response required

4.3. Federal Employer ID Number (FEIN)*

*Response required

4.4. Incorporated in the State of ________.*

Ex.) Florida

*Response required

4.5. List of Principals*

*Response required

4.6. Upload evidence of authority to do business in the State of Florida.* Acceptable form of evidence includes Secretary of State download, or Certificate of Status.

*Response required

4.7. Authorized Signatory*

Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed below, is authorized to execute agreements with Seminole County.

The individual's name and title, as entered below, confirms this authorization. Any electronic or conformed signature will be considered the official act of the Authorized Representative and will be used as a valid record by Seminole County.

If the individual signing this document is not listed as an authorized agent with the Florida

Division of Corporations (Sunbiz), a separate Corporate Resolution, a Certificate of

Authority, or a Delegation of…