MOWING AND TRASH/DEBRIS REMOVAL SERVICES, AS NEEDED

26-TG01360

County of Hernando

15470 Flight Path Drive

Brooksville, FL 34604

County of Hernando

Mowing and Trash/Debris Removal Services, As Needed

I. SOLICITATION

II. INTRODUCTION

III. AWARD

IV. DEFINITIONS AND SOLICITATION INSTRUCTIONS

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS

VII. SCOPE AND SPECIFICATIONS

VIII. FEDERAL - Required Terms and Conditions for All Federally Funded Contracts - General

IX. PRICING PROPOSAL

X. VENDOR QUESTIONNAIRE (Term)

Term Contract ITB/One Time Bid #26-TG01360 Title: Mowing and Trash/Debris Removal Services, As Needed

1. SOLICITATION

ISSUED BY:

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Jerry Campbell, Chairman

Ryan Amsler, Vice Chairman

Steve Champion, Second Vice Chairman

John Mitten

John Allocco

SUBMIT BID OFFER TO:

HERNANDO COUNTY

PROCUREMENT DEPARTMENT

via Hernando County's eProcurement Portal

Carla Rossiter-Smith

Director of Procurement and Strategic Initiatives

SEALED OFFERS, FOR FURNISHING THE SERVICES, SUPPLIES OR EQUIPMENT DESCRIBED HEREIN WILL BE

RECEIVED BY THE OFFICE OF PROCUREMENT, VIA THE COUNTY'S eProcurement Portal UNTIL 10:00 a.m., LOCAL TIME ON Monday, September 21, 2026. NO BID OFFERS WILL BE ACCEPTED AFTER THE ABOVE

STIPULATED DATE AND TIME. THIS IS AN ADVERTISED SOLICITATION AND THE RESPONDING BIDDERS

WILL BE PUBLICLY READ AT 15470 FLIGHT PATH DRIVE BROOKSVILLE, FL 34604 IN THE ADMINISTRATIVE

CONFERENCE ROOM AT 10:00 a.m. ON Monday, September 21, 2026. PURSUANT TO FS 119.071

SEALED BIDS, PROPOSALS, OR REPLIES RECEIVED BY AN AGENCY PURSUANT TO A COMPETITIVE

SOLICITATION ARE EXEMPT FROM INSPECTION UNTIL SUCH TIME AS THE AGENCY PROVIDES NOTICE OF

AN INTENDED DECISION OR UNTIL THIRTY (30) DAYS AFTER OPENING THE BIDS, PROPOSALS, OR FINAL

REPLIES, WHICHEVER IS EARLIER.

Procurement Contact Information:

Gretchen Bechtel, Contract Agent II

(352) 754-4013 gbechtel@co.hernando.fl.us https://secure.procurenow.com/portal/hernandocounty https://www.gbechtel@co.hernando.fl.us

2. INTRODUCTION

2.1. ADVERTISEMENT OF BID

INVITATION TO BID

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Hernando County, Florida, is accepting Bids for:

TERM CONTRACT ITB NO. SOLICITATION # 26-TG01360

FOR

Hernando County Board of County Commissioners is soliciting Vendors/Contractors that are active in

Offers for furnishing the above will be received and accepted up to 10:00 a.m. (local time), Monday, September 21, 2026, via Hernando County's eProcurement Portal. Only electronic submittals through the eProcurement Portal shall be accepted by the County.

The Board of County Commissioners of Hernando County, Florida reserves the right to accept or reject any or all bids and waive informalities and minor irregularities in offers received in accordance with the bid documents and the Hernando County Procurement Ordinance.

Interested firms may secure the bid documents and plans and drawings and all other pertinent information by visiting the County's eProcurement Portal. For additional project information, please visit the Hernando County Board of County Commissioners Procurement Department at www.hernandocounty.us, or by submitting a question via the Q&A Tab in the County's eProcurement

Portal.

Ex Parte Communication: Please note that to ensure the proper and fair evaluation of a submittal, the

County prohibits ex parte communication (i.e., unsolicited) initiated by the Respondent to the County official or employee evaluating or considering the submittals prior to the time a decision has been made.

Communication between Respondent and the County will be initiated by the appropriate County official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the submittal. Ex Parte communication may be grounds for disqualifying the offending

Respondent from consideration or award of the solicitation or any future solicitation.

https://secure.procurenow.com/portal/hernandocounty

The Procurement Department will post addenda on eProcurement Portal to all questions in accordance with the Solicitation Instructions. It is the responsibility of prospective Bidders to visit the County’s portal to ensure that they are aware of all Addenda issued relative to this Solicitation.

Pursuant to Florida Statutes 119.071 sealed bids, proposals or replies received by an agency pursuant to a competitive Solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies whichever is earlier.

NOTICE TO BIDDERS

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this Solicitation before submission of your response. Your method of contact for this solicitation is the Q&A Tab in the County's eProcurement Portal.

2.2. NON-MANDATORY PRE-BID CONFERENCE SITE VISIT

NON-MANDATORY PRE-BID CONFERENCE:

A. A Non-Mandatory Pre-Bid Conference will be held on Wednesday, August 26, 2026 at 10:00 am at the Hernando County Building Department, 789 Providence Blvd., Brooksville, FL 34601 in the

Large Training Room.

3. AWARD

UPON AWARD, PLEASE SUBMIT INVOICES TO:

Hernando County

Code Compliance

789 Providence Blvd

Brooksville, FL 34601 or

Housing Authority

621 W. Jefferson St.

Brooksville, FL 34601

4. DEFINITIONS AND SOLICITATION INSTRUCTIONS

4.1. DEFINITION OF TERMS

Where the following terms, or their pronouns, occur herein, the intent and meaning shall be as follows:

A. BIDDER: The dealer/manufacturer, Vendor/Contractor or business entity submitting a bid to the County in response to this solicitation. Also referred to as “proposer” or “respondent”.

B. CHANGE ORDER: The written order issued by the County, Owner Designated Representative or

Engineer, to the Vendor/Contactor and signed by the Vendor/Contractor and County authorizing an addition, deletion, or revision in the goods, services and/or work to be provided under the

Contract or an adjustment in the contract price or contract time, after the effective date of the signed contract.

C. CONTRACT: The written agreement executed by the County and Vendor/Contractor for the performance of work and the other documents (including but not limited to the Solicitation-

Offer-Award in its entirety, and the plans, specifications, notice to bidders, proposal, surety bonds, addenda, bid documents and other documents) whether attached thereto or not.

D. COUNTY: The Board of County Commissioners, Hernando County, or its duly authorized representative. Sometimes referred to as "Owner".

E. F.S.: Florida Statutes; version in effect on the effective date of the contract, unless otherwise indicated.

F. INJUNCTION: A court order that commands a party or entity to perform a specific action or prohibits them from taking a particular action.

G. PUBLIC OPENING: The opening of the bids or proposals received in response to this solicitation, and the announcing of the bidders/proposers that submitted the bids/proposals received in response to this solicitation, in the presence of the public.

H. SOLICITATION: This Invitation to Bid (“ITB”), Request for Proposals (“RFP”) or Request for

Quotes (“RFQ”), whichever applies.

I. VENDOR/CONTRACTOR: The bidder awarded a contract by the County for the furnishing of goods or services.

J. YOU/YOUR (or any derivative thereof): The bidder, its business entity, its successors and assigns, its employees, representatives, or subcontractors.

4.2. AVAILABILITY OF BIDDING DOCUMENTS

Interested firms may obtain bid documents, plans, drawings, site locations, and other pertinent information by visiting Hernando County's eProcurement Portal. For additional information please contact the Hernando County Board of County Commissioners, Procurement Department via the

County's eProcurement Portal Q&A Tab.

4.3. PREPARATION OF BID

To ensure acceptance of your bid, please follow these instructions:

A. Interested firms are required to register via the County's eProcurement Portal . Once registered, to submit a bid please click on the "DRAFT RESPONSE" button and provide an answer to all of the prompts/questions. You must respond to all required questions and, if any, acknowledge addenda so that your bid will be considered complete by the County. Submitting more than one

(1) bid with different pricing will result in your bid(s) being rejected. All bids are subject to the conditions specified herein. Bids that do not comply with these conditions may be subject to rejection.

B. Submit bids via the Hernando County's eProcurement Portal. You are solely and strictly responsible for delivering the bid to the County on or before the stated time and date. The

County bears no responsibility for delays caused by wi-fi connection or speed, power outage or any other occurrence.

1. Submitting your bid, along with all required bid line items, by any means other than electronically via the County's eProcurement Portal will result in your bid being rejected.

You must complete and submit all bid forms using the instructions listed herein.

2. The County will not honor any explanation or change in the bid documents unless a written addendum has been issued through the eProcurement Portal.

3. The County reserves the right to reject any and all bids and to waive any informalities related thereto.

4. Your bid shall be firm for a period of ninety (90) days after the time set for Public Opening.

Upon award, prices quoted in your bid will be in effect for the term of the contract.

5. Unless otherwise expressly stated herein, the County will furnish no material, labor, or facilities.

6. You must properly fill in all blank spaces in the bid documents. You may not change any phraseology in, nor make any additions to, the bid documents; such changes or additions shall render your bid irregular, and your bid will be rejected.

7. You shall make all investigations necessary to thoroughly inform yourself regarding all drawings, specifications, delivery requirements, performance requirements, site locations and all solicitation instructions to satisfy yourself of conditions affecting submission of your bid and the terms and cost of performing the contract. The County will not accept pleas of ignorance regarding conditions that exist or may hereafter exist as a result of your failure or omission to make the necessary investigations and investigations, or your failure to fulfill in every detail the requirements of the bid documents, as a basis for varying the County's requirements or the compensation under the contract. You agree that submittal of your bid is prima facie evidence you have conducted such investigations.

8. Communications: All technical, scope, and project-related questions shall be submitted through the project Q&A Tab before the deadline and according to these specifications herein. Any and all other bidding communications shall only be to the County's Procurement representative using the contact information herein. Communicating with any other County staff member regarding this solicitation will subject you to disqualification.

4.4. BID OPENING:

Bids not received by the bid submission deadline through the eProcurement Portal will be rejected. Bids will be opened immediately after the bid submission deadline; your bid will remain binding for a period of ninety (90) days thereafter. Pursuant to sec. 119.071, F.S., sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after public opening of the bids, proposals, or final replies, whichever is earlier.

4.5. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS

To ensure fair consideration for all Bidders, the County prohibits communication to or with any department, division or employee during the bid process, except as provided below:

A. All questions regarding interpretation of the specifications or the bid process shall be addressed in writing via Hernando County's County's eProcurement Portal Q&A Tab, prior to the question submission deadline.

B. Any interpretation or clarification in response to questions will be expressed in the form of an addendum which will be posted on the County's eProcurement Portal Q&A tab:. Oral answers will not be authoritative.

C. It will be the responsibility of the Bidder to visit https://secure.procurenow.com/portal/hernandocounty to ensure they are aware of all addenda issued for this solicitation.

D. Questions will only be accepted through the period specified as the Question Submission

Deadline: Monday, September 7, 2026

E. You must acknowledge all addenda via the County's eProcurement Poral. Your failure to acknowledge any addenda may result in your bid being deemed non-responsive and rejected.

4.6. COMMUNICATION

Except for technical, scope, and project-related questions, and questions regarding interpretation of the specifications or the bid process, which shall be submitted through the eProcurement Portal as directed above, your communications with the County shall be through the Procurement Department. Any attempt to communicate with any County employee outside the Procurement Department will be considered a violation of section 19 of the Hernando County Procurement Manual and may result in the rejection of your bid.

https://secure.procurenow.com/portal/hernandocounty https://secure.procurenow.com/portal/hernandocounty

4.7. WITHDRAWAL OF BIDS:

You may withdraw your bid via the County’s eProcurement Portal prior to the bid submission deadline;

withdrawal or attempted withdrawal by any means other than the eProcurement Portal (such as fax, email or mail, etc.) will not be recognized. Negligence on your part in preparing your bid confers no right upon you to withdraw your bid after the bid submission deadline.

4.8. BID PROTESTS:

To protest the bid specifications or award or intent to award, you must file with the County a notice of protest and formal written protest in compliance with the Hernando County Procurement Manual, Section 22, which can be found at https://www.hernandocounty.us/media/vwnjxtgp/procurement-manual_v-july-2025.pdf

Your failure to file a protest within the time prescribed by, or failure to post the bond or other security in strict accordance with, Section 22 of the Hernando County Procurement Manual, shall constitute your waiver of protest proceedings.

4.9. FOREIGN COUNTRIES OF CONCERN

Pursuant to sec. 287.138 F.S., effective July 1, 2023, the County may not enter into any contract which grants the contractor access to personal identifiable information if: (a) the contractor is owned by the government of a Foreign Country of Concern (as defined by the statute): (b) the government of a

Foreign Country of Concern has a controlling interest in the entity; or (c) the contractor is organized under the law of or has its principal place of business in a Foreign Country of Concern. You must provide a response to the section titled VENDOR QUESTIONNAIRE, Foreign Countries of Concern included in this solicitation.

Pursuant to sec. 287.138 F.S., beginning July 1, 2025, a governmental entity is prohibited from extending or renewing a contract with an entity meeting the criteria of (a), (b), or (c) above, if the contract would give such entity access to an individual’s personal identifying information.

https://secure.procurenow.com/portal/hernandocounty https://www.hernandocounty.us/media/vwnjxtgp/procurement-manual_v-july-2025 https://www.hernandocounty.us/media/vwnjxtgp/procurement-manual_v-july-2025

5. GENERAL CONDITIONS

5.1. CONTRACT PERIOD:

A. The Contract resulting from this solicitation shall be a term contract for the time period specified herein. During the specified time period, the County may order services or supplies as the requirements generate and the Vendor/Contractor shall deliver the services or supplies ordered. The County is not obligated to purchase any specific amount of services or supplies under the Contract.

B. The period of the Contract shall extend for three (3) year term from contract effective date.

C. Renewal Option (Unilateral): At the sole option of the County, through the Board of County

Commissioners or Chief Procurement Officer or Designee, this Contract may be unilaterally renewed, for 2 (two) additional one-year periods at the same prices, terms, and conditions. The

County alone will determine whether or not this renewal option will be exercised based on its convenience and its best interest. The County will notify the Vendor/Contractor, in writing, no later than thirty (30) days prior to expiration of its decision to exercise this Contract renewal option. You may submit a request for consideration of a price adjustment to the County within the timeframe stated in the County's notice of exercising the option or within five (5) business days thereof, whichever is earlier. You must provide documentary evidence of increased costs with your request. You must also provide any further documentary evidence as requested by the County. Any increased price adjustment approved by the County shall impose upon the

Vendor/Contractor the requirement to advise and extend to the County price reductions when costs similarly decrease.

D. Either party may cancel this Contract, in whole or in part, by giving ninety (90) days prior notice in writing, except that the Vendor/Contractor may not exercise this cancellation option during the first one-hundred eighty (180) days of the Contract's effective date. The number of days within which, or the dates by which, the work is to be substantially completed and ready for final payment are set forth in the Contract.

5.2. BID PRICE/SUBMITTAL REQUIREMENTS:

A. Your bid price shall remain firm during the period of the Contract, and shall be inclusive of all labor, equipment, and materials as specified within this solicitation. Your bid price constitutes the total compensation payable to the Vendor/Contractor under the Contract.

B. Unless otherwise stated, your bid price shall include all costs of packing, transporting, delivery, and services to the designated point within Hernando County.

C. You hereby certify that your bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. You shall abide by all terms and conditions of your bid, and you certify that the person executing the bid form is authorized to sign your bid.

D. By submitting your bid, you warrant that the prices of the items set forth herein do not exceed those charged by you under a contract with the State of Florida or any of its agencies.

E. You must submit the solicitation document in its entirety, including the Solicitation-Offer-

Award cover sheet, Bid Specifications, Bid Form, and all required forms/certifications. Failure to submit these forms may render your bid non-responsive.

5.3. QUALIFICATION OF BIDDERS:

A. This bid shall be awarded to a responsive, responsible bidder, qualified by experience to provide the work specified. You must submit the following information with your bid:

1. List a brief description of substantially similar work (size and scope) for at least three (3) references of firms, and/or governmental agencies/entities satisfactorily completed with location, dates of contract, names, addresses, telephone numbers and email addresses of owners (see Questionnaire). These references must be for work performed within the past seven (7) years.

2. List of equipment and facilities available to do work.

3. List of personnel, by name and title, contemplated to perform the work.

B. Failure to submit this information may be cause for rejection of your bid.

5.4. BID EVALUATION AND AWARD:

Bid evaluation will be based on price, conformance with specifications and Vendor/Contractor's ability and resources to perform the Contract in accordance with the terms and conditions required. You must submit all data necessary to evaluate and determine the quality of the item(s) and services in your bid. A

Vendor/Contractor shall be deemed unqualified to bid when investigation by the Chief Procurement

Officer discloses that the Vendor/Contractor is either delinquent on a previously awarded contract or in litigation with Hernando County on a previously awarded contract.

5.5. BID EVALUATION AND AWARD (continued) "Lowest Price"

The County reserves the right to make multiple awards to the lowest, responsive, and responsible bidders based on group or the unit item price, whichever is the most advantageous to the County.

However, the County reserves the sole right to reject any and all bids in accordance with the Hernando

County Procurement Ordinance.

5.6. BID EVALUATION AND AWARD (continued)

A. If two (2) or more fully responsive, responsible bids are received for the same total amount or unit price, quality and service being equal, the County reserves the right to award the contract to the bidder whose place of business is located within the boundaries of Hernando County, Florida. Should tie bids, as described above, be received from either two (2) or more Hernando

County bidders or from non-local bidders when no Hernando County bidder has submitted a tie bid, then the Board of County Commissioners shall award the contract to one (1)

Vendor/Contractor by drawing lots in a public meeting.

B. The County shall be the sole judge as to the relative merits of the bids received.

C. If a separate written contract is not required by the County, a written letter of award, mailed or otherwise furnished to the successful bidder, shall result in a binding contract without further action by either party.

D. Discounts for payments within less than twenty (20) days will not be considered in evaluation of bids; however, offered discounts will be taken for less than twenty (20) days if payment is made within the discount period.

E. You are hereby notified of the provisions of sec. 287.05701, F.S., that the County or the County’s

Board will not request documentation of or consider any bidder's social, political, or ideological interests when determining if you or the Vendor/Contractor are responsible and will not give a bid preference based on a bidder's social, political, or ideological interests.

5.7. LOCAL PREFERENCE:

A. Purpose and Findings: The County annually spends significant funds on purchasing personal property, materials, and services, and in constructing improvements to real property or existing structures. The funds used in making those purchases are derived, in large part, from taxes, fees and utility revenues paid by businesses located within Hernando County. The Board of County

Commissioners has determined that funds generated in the community should, to the extent possible, be placed back into the local economy. It is therefore in the best interest of the County to give a preference to local businesses in making such purchases whenever the application of such a preference is reasonable in light of the dollar-value of bids and quotes received in relation to such expenditures.

B. Application:

1. In bidding for or letting contracts for procurement of supplies, materials, equipment, and services, as described in the procurement policies of the County, the Board of County

Commissioners may give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed five percent (5%) of the local business’ total bid price if the cost differential does not exceed $10,000.00 for procurement activities in amounts over $50,000.00.

2. The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternates which were both part of the bid and actually purchased or awarded by the Board of County Commissioners.

3. In the case of requests for proposals or qualification, letters of interest, or other solicitations and competitive negotiations and selections in which objective factors are used to evaluate the responses, local businesses shall be assigned five percent (5%) of the total points of the total evaluation points.

C. Definitions:

1. "Local Vendor" means a person or business entity which has maintained a permanent place of business with full-time employees within Hernando County for a minimum of twelve (12) months prior to the date bids or quotes were received for the purchase or contract at issue, and which generally provides from such permanent place of business the kinds of goods or services solicited, and which at the time of the solicitation fully complies with the local vendor eligibility identified below.

2. In order to be considered for the Local Preference, you must include a completed Local

Vendor Affidavit of Eligibility with your bid submittal, which must include no less than the following current information:

a. A physical business and location address.

b. Proof of payment of real property tax due to Hernando County.

c. A copy of the firm’s most recent annual corporation report to the Florida Division of

Corporations.

d. Any additional information necessary to verify local vendor status.

D. Competitive Bids/Quotes: The County reserves the exclusive right to compare, contrast and otherwise evaluate the qualifications, character, responsibility and financial qualifications of all persons, firms, partnerships, companies, or corporations submitting formal bids or formal quotes in any procurement for goods and services when making an award in the best interests of the County.

E. Exceptions to Local Preference Policy:

1. Purchases resulting from exigent emergency conditions where any delay in completion or performance would jeopardize public health, safety, or welfare of the citizens of the County, or where in the judgment of the County the operational effectiveness or a significant County function would be seriously threatened if a purchase was not made expeditiously.

2. Purchases with any sole source supplier for supplies, materials, or other equipment.

3. Purchases made through cooperative purchasing arrangements utilized by the Procurement

Department as identified in the Procurement Policy.

4. Purchases that are funded in whole or in part by assistance from any Federal, State, or local agency where the program guidelines do not permit local preference.

5. Purchases with an estimated cost of less than $10,000.00.

6. Appeal: If an application for a “Local Vendor” designation is denied, the applicant may appeal such decision to the County Administrator for review and further consideration.

5.8. HOURS:

Work may be performed between the hours of 7:00 am to 3:00 pm, unless otherwise directed by the

County, Monday through Friday, except County holidays. The County may, on certain occasions, approve work outside of these times. Such exception(s) must be approved in writing by the County at least one

(1) day in advance. Services will not be permitted when operations would cause a traffic or safety hazard.

5.9. WARRANTIES:

You agree that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the you give to any customer for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County by any other provision of this award.

5.10. DELIVERY AND ACCEPTANCE:

A. The County will order services by issuance of a Hernando County numbered purchase order

(PO). Each PO will specify the scope of work, location and date(s) for service required.

B. The County's receipt of services or supplies shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the services or supplies delivered meet bid specifications and conditions. Should the services or supplies differ in any respect from the specifications, payment will be withheld until such time as the Vendor/Contractor corrects the deficiency. If the proposed corrective action is not acceptable to the County, final acceptance of the services may be refused, in which case the services shall remain the property of the Vendor/Contractor and the County shall not be liable for payment for any portion thereof.

C. Unless otherwise specified, services shall be performed as described in these contract documents.

D. Vendor/Contractor(s) shall not commence work prior to the County’s receipt and acceptance of the certification of insurance, and any other required documents or certificates as specified by these contract documents.

5.11. REJECTION OF BID:

The County reserves the sole right to reject any and all bid submissions. Bids that are incomplete, unbalanced, conditional, obscure or that contain unauthorized additions, or irregularities of any kind, or that do not comply with every aspect of this solicitation, may be rejected at the County's sole discretion.

A Vendor/Contractor shall be deemed unqualified to bid when an investigation by the Chief

Procurement Officer discloses that the Vendor/Contractor is delinquent on a previously awarded contract or in litigation with Hernando County regarding a previously awarded contract.

5.12. MINOR INFORMALITIES AND IRREGULARITIES:

Hernando County has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect price, quality, quantity, delivery, or performance time of the services or supplies being procured. If you submit information in your bid that is insufficient for the County to properly evaluate it, the County has the sole discretion to require such additional information it deems necessary after the time set for receipt of bids, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services or supplies being procured. The Board of County Commissioners reserves the sole right to reject any or all bids in whole or in part; to award by any item, group(s) of items or in the aggregate, whichever is most advantageous to the County.

5.13. NON-EXCLUSIVE CONTRACT:

Award of a contract resulting from this bid imposes no obligation on the County to utilize the

Vendor/Contractor for all work of this type that may develop during the contract period. This is not an exclusive contract. The County specifically reserves the right to contract with another company for similar work if it deems such action to be in the County’s best interest.

5.14. NON-PERFORMANCE:

Time is of the essence in this Contract and failure to deliver the services specified within the time period required shall be considered a default. In case of default, the County may procure the services from other sources and hold the Vendor/Contractor responsible for all costs occasioned thereby and may immediately cancel the contract. The Chief Procurement Officer reserves the sole right to impose and debar Vendor/Contractors as a direct result of Vendor/Contractor default and termination, for a period of twelve (12) months to twenty-four (24) months, depending upon the severity of the default resulting in contract termination. The Vendor/Contractor and its sureties (if any) shall be liable for any damage to the County resulting from the Vendor/Contractor’s default of the contract. This liability includes any increased costs incurred by the County in completing contract performance.

5.15. ASSIGNMENT:

The Vendor/Contractor is required to perform this Contract and may not assign, transfer, convey, sublet, or otherwise dispose of the award or any or all of its rights, title, or interest therein, or the resulting

Contract in whole or in part without prior written authorization given at the sole discretion of the

County.

5.16. PUBLIC ENTITY CRIMES:

You certify that you are aware of, and in compliance with, all requirements under sec. 287.133, F.S., on public entity crimes. You must provide a response to the section titled VENDOR QUESTIONNAIRE, Sworn

Statement to Public Entity Crimes included in these bid documents.

5.17. LICENSES AND PERMITS:

Prior to and throughout the entire duration of the Contract, including renewals, the Vendor/Contractor must have and maintain, at its own cost, any and all licenses required to perform the contracted services. The Vendor/Contractor shall make these licenses readily available for review by the Chief

Procurement Officer or their designee.

5.18. LAWS, REGULATIONS, PERMITS AND TAXES:

Vendor/Contractor shall comply with County's jobsite procedures and regulations and with all applicable local, state, and federal laws, rules and regulations and shall obtain all permits required for any of the work performed hereunder. Vendor/Contractor shall procure and pay for all permits and inspections required for any of the work performed hereunder and shall furnish any bonds, security or deposits required to permit performance of the work. Vendor/Contractor shall, to the extent permissible under applicable law, comply with the jobsite provisions which validly and lawfully apply to work on the specific jobsite being performed under this contract. The County of Hernando is exempt from federal excise taxes and all sales taxes.

5.19. AMENDMENTS AND CHANGE ORDERS:

Without invalidating the Contract, the County may, at any time or from time to time, through its Chief

Procurement Officer or designee, order additions, deletions, or revisions in the work, the same being authorized by change order or amendment. The cumulative total of change orders and amendments to this Contract under $50,000.00 ("cap") may be approved by the Chief Procurement Officer or designee.

Once the cap is reached, all other change orders and amendments to this Contract that exceed the cap are subject to approval by the Hernando County Board of County Commissioners through Board agenda item. Only upon receipt of a change order or amendment executed by the Vendor/Contractor and

County shall the Vendor/Contractor be authorized to proceed with the work involved. All such work shall be executed under the applicable terms and conditions contained in the contract documents. It is the Vendor/Contactor’s responsibility to notify its surety of any changes affecting the general scope of the work/services or change of the contract price; the Vendor/Contractor shall ensure that the amount of the applicable bond(s) are adjusted accordingly.

5.20. TAXES:

A. The Board of County Commissioners, Hernando County, Florida, has the following Tax

Exemption Certificates assigned:

1. Florida Sales and Use Tax Exemption Certificate No. 85-8012556945C-8, effective

1/31/2024 – expiring on 1/31/2029.

B. This exemption does not apply to purchases of tangible personal property made by

Vendor/Contractor(s) who use the tangible personal property in the performance of contracts for improvements of County owned real property (Chapters 192 and 212, F.S., and applicable rules of the Department of Revenue).

5.21. MANUFACTURERS' NAME AND APPROVED EQUIVALENTS:

Manufacturers' names, trade names, brand names, information and catalog number listed in a specification are for informational purposes and to establish standards for quality, style and features only; they are not intended to limit competition. Bids on equivalent items will be considered unless items are noted as no substitutes. You may offer any brand for which you are an authorized representative and which meets or exceeds the specifications for any item. If your bid is based on equivalent products, indicate on the Bid Form the manufacturers' name and catalog number, and submit with your bid, cuts, sketches, and descriptive literature and specifications. You should also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto, and submit proof of same. Hernando County Board of County Commissioners reserves the right to be the sole judge of what is equal and acceptable. If your bid does not comply with these requirements, it may be found non-responsive and subject to rejection. If you do not offer a substitute, it will be assumed that you are bidding on, and will be required to furnish, goods identical to the bid standard as specified.

5.22. LITIGATION/WAIVER OF JURY TRIAL:

The Contract shall be governed by and construed according to Florida law. Venue for any dispute or formal litigation concerning the Contract shall be in the appropriate court with territorial jurisdiction over Hernando County, Florida. In the event of a dispute or litigation, each party to such dispute or litigation shall be solely responsible for its own attorneys’ fees and costs. This agreement shall not be construed for or against any party hereto, regardless of which party is wholly or partly responsible for its drafting. Each party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any party hereto against the other (or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this contract or any other claim of injury or damage.

5.23. TERMINATION:

A. Termination for Default:

1. The County may, by written notice to the Vendor/Contractor, terminate this Contract for default in whole or in part (delivery orders, if applicable) if the Vendor/Contractor fails to:

a. Provide products or services that comply with the specifications herein or fails to meet the County’s performance standards.

b. Deliver the supplies or to perform the services within the time specified in this Contract or any extension.

c. Make progress to the extent it endangers performance of this Contract.

d. Perform any of the other provisions of this Contract.

2. Prior to termination for default, the Chief Procurement Officer will provide adequate written notice to the Vendor/Contractor to afford the Vendor/Contractor the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days

(or the period specified in the notice) after receipt of the notice. Failure to adequately and timely cure the deficiency or to submit a specific plan to resolve the deficiencies shall result in termination of the Contract. Such termination may also result in suspension or debarment of the Vendor/Contractor for a period of twelve (12) to twenty-four (24) months depending upon the severity of the Vendor/Contractor’s action that caused the default in accordance with the County’s Procurement Ordinance. The Vendor/Contractor and its sureties shall be liable for any damage to the County resulting from the Vendor/Contractor’s default of the

Contract. This liability includes any increased costs incurred by the County in completing the

Vendor/Contractor's contractual obligations.

3. In the event of termination by the County for any cause, the Vendor/Contractor will have, in no event, any claim against the County for lost profits or compensation for lost opportunities.

4. After receipt of a termination notice, and except as otherwise directed by the County, the

Vendor/Contractor shall:

a. Stop work on the date and to the extent specified.

b. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

c. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County.

d. Continue and complete all parts of that work that have not been terminated.

5. If the Vendor/Contractor’s failure to perform the Contract arises from causes beyond the control, and without the fault or negligence, of the Vendor/Contractor, the Contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics,

(6) strikes and (7) unusually severe weather.

B. Termination for Convenience: The County may, by written notice, terminate this Contract in whole or in part when it is in the County’s interest. If this Contract is terminated, the County shall be liable only for goods or services delivered and accepted. The County's termination notice may provide the Vendor/Contractor ninety (90) days prior notice before it becomes effective. A termination for convenience may apply to individual delivery orders, purchase orders or to the contract in its entirety.

5.24. FISCAL NON-FUNDING

In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the Vendor/Contractor of such occurrence, and the Contract shall terminate on the last day of the then current fiscal period without penalty or expense to the County.

5.25. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES:

A. At the option of the Vendor/Contractor, the use of this Contract may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities.

B. Each governmental agency allowed by the Vendor/Contractor to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services it ordered, received, and accepted. No agency incurs any liability by virtue of any other government entity using this Contract.

5.26. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

By submitting a bid, you certify, and in the case of a joint bid, each party thereto certifies for its own organization, that:

A. The prices in your bid, or any matter relating to such prices, have been arrived at independently without consultation, collusion, communication, or agreement with any other bidder or competitor for the purpose of restricting competition.

B. Unless otherwise required by law, you have not knowingly disclosed, and will not knowingly disclose, the prices quoted in your bid directly or indirectly to any other bidder or competitor prior to Public Opening.

5.27. INTERIM EXTENSION OF PERFORMANCE:

If it is determined that interim performance is required to allow for the solicitation and award of a new contract, the County may unilaterally extend this Contract for a maximum period of up to six (6) months.

Current pricing, delivery and all other terms and conditions of this Contract shall apply during this interim period.

5.28. COMPETENCY OF BIDDERS:

The County reserves the right to make such investigations it deems necessary to determine your or the

Vendor/Contractor's competency and financial ability to perform the work. If, after investigation, evidence of your or the Vendor/Contractor's competency or financial ability is not satisfactory, the

County may, in its sole discretion, reject your bid.

5.29. MAINTENANCE OF RECORDS:

You shall keep adequate records and supporting documents applicable to this Contract ("public records"), and shall retain the public records for a minimum of five (5) years from the date of final payment on this Contract ("record maintenance period"). You shall permit and accommodate the

County and its authorized agents to audit, inspect and copy the pubic records as often as the County deems necessary during the record maintenance period; provided however, that any audit, inspection or copying of the public records shall be conducted only during normal business hours. During the record maintenance period, the County has the right to obtain a copy of and otherwise inspect any audit made at your direction concerning the public records. Pursuant to sec. 119.0701, F.S., you shall comply with the Florida public records laws and shall:

A. Keep and maintain records that ordinarily and necessarily would be required by the County in order to perform the service.

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

County would provide the public records and at a cost that does not exceed the cost provided in

Chapter 119, F.S. , or as otherwise provided by law.

C. Ensure that the public records that are confidential or otherwise exempt from disclosure are not disclosed except as authorized by law; and, D. Meet all requirements for retaining public records, and transfer at no cost to the County all public records in your possession upon termination of this Contract, and destroy any duplicate public records that are confidential or otherwise exempt from disclosure. All public records stored electronically must be provided to the County in a format that is compatible with the

County's information technology systems.

E. Failure to comply with this section shall be deemed a breach of the contract and enforceable as set forth in Section 119.0701, Florida Statutes .

IF YOU HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S. TO YOUR DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT 352-754-4020, PURCHASING@HERNANDOCOUNTY.US, OR AT 15470 FLIGHT PATH

DRIVE, BROOKSVILLE, FL 34604.

Per sec. 20.055(5), F.S., it is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to this section.

5.30. PAYMENT:

A. Payment for goods and services under this Contract will be accomplished by your submission of an invoice, in duplicate, with purchase order number referenced thereon, at the completion of each specified job e-mailed to: Code Compliance at ce@co.hernando.fl.us with the billing address of 789 Providence Blvd., Brooksville, FL 34601 or Housing Authority at jflynn@co.hernando.fl.us with the billing address of 621 W. Jefferson St. Brooksville, FL

34601.

B. Each invoice must provide a detailed breakdown of the goods or services provided.

C. You may invoice the County after each work order is complete. Each invoice must reference, and be based upon, the quantity report received after project completion.

D. Payment will be made in no less than forty-five (45) days, per Ch. 218, F.S. An invoice in conflict with the payment terms of the Contract are not acceptable and may be cause for rejection.

E. Payment by Electronic Payment Solution: ACH (Direct Deposit): If you are enrolled in the

County’s ACH electronic payment solution, all payments will be made using the direct deposit which may or may not include a pre-note transaction. Your bank account information will remain confidential to the extent provided by law and necessary to make direct deposit payments. Once the County has approved payment, an electronic remittance advice will be sent to you via e-mail.

5.31. CONFLICT OF INTEREST:

A. Conflict of Interest of Officers or Employees of the Contracting Entity/Local Jurisdiction, Members of the Local Governing Body, or Other Elected Officials: No member or employee of you or the County's, or your or the County's designees or agents; no member of the County's governing body; and no other public official of Hernando County who exercises any function or responsibility with respect to this Contract, during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, you shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest.

mailto:PURCHASING@HERNANDOCOUNTY.US mailto:ce@co.hernando.fl.us mailto:jflynn@co.hernando.fl.us

B. Employee Conflict of Interest: It is unethical for any Hernando County employee to participate directly or indirectly in a procurement contract when the employee knows that:

1. The employee or any member of employee's immediate family has a financial interest in the procurement contract; or

2. Any other person, business, or organization with whom the employee or any member of an employee's immediate family is negotiating on or has an arrangement concerning prospective employment, is involved in the procurement contract.

C. A Hernando County employee or any member of the employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.

D. Former Employee Conflict of Interest: It is a violation for any bidder contracting with County to submit a bid on this solicitation when the bidder has employed or has agreed to employ in any capacity any former County employee or member of County employee's immediate family within one (1) year of that employee's separation from employment with the County, unless the bidder or the former County employee files with this solicitation the County’s Employment

Disclosure Statement. The penalty for this violation may include disqualification of the bidder for purposes of this solicitation.

5.32. GRATUITIES AND KICKBACKS:

A. Gratuities: It shall be unethical for any person to offer, give, or agree to give any Hernando

County employee or former Hernando County employee, or for any Hernando County employee or former Hernando County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, or to influence the content of any specification or procurement standard, or to act in an render advisory, investigative or auditing capacity. The County in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or sub-contract, or to any solicitation or proposal therefor, shall not accept any gratuities.

B. Kickbacks: It shall be unethical for…