RFP-19-10765-TP_Cell_Towers.pdf

RFP-19-10765-TP Due Date & Time: Beginning January 13, 2019 and continuing through January 16, 2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741 Phone: (407) 742-0900 Fax: (407) 742-0901

Title : Communications Tower Site Leasing on Osceola County Government Properties

Rev. 05-2016

To: All Prospective Proposers From: Ted Phillips, CPPB - Procurement Analyst IV Subject: Solicitation Number: RFP-19-10765-TP – Communications Tower Site Leasing on Osceola County

Government Properties Date: Sunday, January 13, 2019

Dear Potential Proposer:

Osceola County Government, an Equal Employment Opportunity (EEO) employer, does hereby announce that it is accepting written proposals from all qualified firms or individuals interested in providing the services generally described herein and as specified in the “Scope of Services” of this Request for Proposals (RFP) document. The successful proposer(s) must demonstrate by his/hers qualifications, experience, availability, approach and work plan that he/she will best serve the overall needs of Osceola County.

If you are interested in preparing a response to this RFP, please read requirements carefully and complete the proposal in the manner as set forth in this RFP document. Your response is considered a binding offer to perform in the manner described in the proposal response and shall remain a firm offer for a period not to exceed one hundred eighty (180) days from public opening. Also please be aware that, under the competitive proposal process, the stipulations set forth herein are fully binding on the proposer to the extent that you confirm acceptance by your signature on Attachment “F”.

There will be no pre-proposal conference held for this project. Questions regarding this solicitation must be received in writing at the address above no later than ten (10) business days prior to your submittal date. Similarly, no questions shall be submitted after Friday, December 29, 2023 at 2:00 PM Local Time. Responses to those questions considered material to the solicitation shall be distributed via formal addenda and posted to the Osceola County VendorLink site; https://vendorlink.osceola.org. You may also access VendorLink by using the link located on the Procurement Services section page of www.osceola.org.

Proposals shall be accepted on a continuous basis from the period beginning January 13, 2019 and continuing through January 16, 2024 at 2:00 PM Local Time. Proposals received shall only be publicly opened on the following Tuesday after receipt at 2:00 P. M. Local Time or as soon as possible thereafter.

All proposers are advised that under chapter 119, Florida Statutes, all responses are deemed a public record and open to the public as provided for in said statute.

Osceola County welcomes your response to this RFP document. Proposals should be prepared in accordance with the RFP instructions and will be evaluated by Osceola County as stated in the evaluation section of this document. Osceola County reserves the right to waive any formalities, to reject any or all proposals or to re-advertise for proposals for these services.

Osceola County may withdraw all or part of this RFP at any time to protect the interests of the County. All proposers are asked to be thorough yet concise in their response. Failure to provide the response in the manner prescribed herein may be grounds for disqualification.

Thank you for your interest in doing business with Osceola County.

Procurement Services Office

Request for Proposals Osceola County Board of County Commissioners

Procurement Services Office 1 Courthouse Square, Suite 2300 Kissimmee, Florida 34741

Phone (407) 742-0900 Fax (407) 742-0901

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

TABLE OF CONTENTS

SECTION TITLE PAGE NO.

I Overview of Project 3 II Scope of Services and Technical Requirements 3 III General Instructions 5 IV Proposal Schedule 8 V Proposal Response, Criteria, and Evaluation Point Values 8 VI Evaluation Process 10 VII General Terms and Conditions 12

ATTACHMENT TITLE PAGE NO.

A Statement of “No Proposal Submittal” 18 B Insurance Requirements 19 C Public Entity Crimes Statement 21 D Conflict of Interest Statement 23 E Drug-Free Workplace Certification 24 F Price Proposal and Acceptance of Proposal Terms and

Conditions

G Proposed Schedule of Subcontractor Participation 27 H Addendum Acknowledgment 28

I Articles of Incorporation / Corporate Documents 29 J Vendor Demographics Survey 30 K IRS W-9 Form 31 L Contractor Certification Scrutinized Companies 32 M Solicitation Response Identification Label 33 N SAMPLE Communication Tower Lease Agreement 34

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

Section I. Overview of Project.

A. Intent.

It is the intent of this solicitation to engage qualified firms to enter into a Tower Site Lease Agreement(s) for the purpose of installing their own communication equipment at requested elevations (as applicable/available) and use of a portion of certain real properties for the purpose of non-exclusive access for ingress and egress, installation, operation and maintenance of their own transmission/communication equipment seven (7) days per week, twenty-four (24) hours a day, on foot or motor vehicles including trucks. As many of the sites will be located within or adjacent to neighborhoods, non-obtrusive equipment should be used to maintain the integrity of the community.

B. Background.

1. Osceola County, Florida was created in 1887. Osceola County is a 1,506 square mile area that serves as the south/central boundary of the Central Florida Region and the Greater Metropolitan Area. The City of Kissimmee, the County Seat, is 18 miles due south of Orlando. Osceola’s other incorporated City, Saint Cloud, is 9 miles east of Kissimmee, and approximately 45 miles west of the City of Melbourne on the Atlantic Coast.

2. An urban and urbanizing area in the northwest quadrant of the County dominates Osceola County’s geography.

This area is adjoining to Polk and Orange County and includes most of Osceola’s population. It includes the incorporated areas of Kissimmee and Saint Cloud, the unincorporated communities of Poinciana and Buenaventura Lakes, and incorporated subdivisions ranging from Narcoossee in the northeast to Campbell City and Intercession City in the southwest to Deer Run and the Saint Cloud Manor areas in the south.

C. Term of Agreement.

Firms may submit a proposal for evaluation and consideration to the Osceola County Procurement Services Office at any time beginning January 13, 2019 and continuing through January 16, 2024 at 2:00 PM Local Time. In the event your proposal is deemed acceptable by the Evaluation Committee (EC), and a successful completion of negotiation of a Standard Lease Term Agreement, it is anticipated a Standard Lease Term Agreement will be awarded for a ten (10) year term to begin upon approval and execution by the County; with the opportunity for two

(2) additional five (5) year renewal periods at the sole discretion and when in the best interest of the County. The decision to renew or extend the contract shall be at the discretion of the County. The successful proposer(s) shall be required to review the engagement with the County on a semi-annual basis.

D. Minimum Requirements.

Required Licenses or Certifications: Provide copies of any licenses and/or certifications that are required to perform any of the work required by the RFP document. In the event that licenses and/or certifications are contingent upon successfully being awarded a Lease Agreement by the County; provide a proposed timeline to obtain all required licenses and/or certifications that are associated with the work required by the RFP document.

The proposer shall provide proof of the above minimum qualification by furnishing copies of letters, certificates, etcetera (as applicable); which clearly document said qualifications. Failure to provide said documentation with your proposal shall be grounds for deeming your proposal unresponsive and removing it from further consideration. This is a non-negotiable item.

E. RFP and/or Performance and Payment Bond.

A RFP/Performance and Payment Bond is not required for this project.

Section II. Scope of Services and Technical Requirements.

A. Scope of Services.

Osceola County is offering location sites for successful proposers to install their own communication equipment at requested elevations (as applicable/available) and use of a portion of certain real properties for the purpose of non-exclusive access for ingress and egress, installation, operation and maintenance of their own transmission/communication equipment seven (7) days per week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks. As many of the sites will be located within or adjacent to neighborhoods, non-obtrusive equipment should be used to maintain the integrity of the community.

B. Rent.

1. Tenant shall pay the County the annual rental as proposed by the Tenant in equal monthly installments commencing thirty (30) days after written notice from the County is received by the Tenant that the Tenant may

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741 proceed with the necessary physical preparation of the site to install their transmission communication equipment. Monthly rate to be paid on or before the day it is due to the County. Rent for each subsequent year shall be the annual rent in effect for the prior year increased by a minimum of two percent (2%). Please note that the actual percent increase shall depend on what the prospective Tenant’s firm submits in response to this RFP. NOTE: Responses containing an annual rent increase of less than the two percent (2%) minimum from the previous year annual rental fee as outlined herein shall be deemed non-responsive and eliminated from further evaluation by the County.

2. The Tenant will pay the COUNTY an additional monthly rental of Five Hundred Dollars ($500.00) for each sublease entered unto at the premises, beginning with the fourth (4th) sublease that will be due to the County on the first (1st) day of the month immediately following the date each sublease installs their equipment on the premises. A two percent (2%) annual increase will be provided each year until the sublease or contract is terminated or has ended. As evidence of each sublease, the Tenant will provide the County with a lease commencement letter from each sublease that installs their equipment at the premises within ten (10) days of receipt of same.

C. Use of Properties.

The Tenant shall use the applicable portion of property leased to them for the purpose of constructing, maintaining and operating the Tenant’s communication/transmission service system facility including up to, but not limited to, signal hut/bungalow to house on-site equipment, antennas, CDMA minicell or other cabinets, and related fixtures.

All improvements shall be at the Tenant's sole expense and the installation of all improvements shall be at the discretion and option of the Tenant but must have prior written consent of the County. The Tenant shall maintain the communication/transmission system and its components in a safe condition and in good order and repair at all times.

The Tenant shall not store motor vehicles or materials anywhere on the subject properties.

D. Non-Interference.

In the event the Tenant's transmissions and equipment create interference with the County’s Public Safety radio system, television, and or radio reception of equipment in use by the County or with equipment in use by the residents of the County which can be verified, the Tenant agrees, upon notification of such interference, to promptly remedy same to the reasonable satisfaction of the County and at the Tenant's cost and expense and, if necessary, to cease operations (except for testing) until such remedy is accomplished.

E. Governmental Authority.

1. The Tenant's ability to use the properties is contingent upon its obtaining all licenses, certificates, permits, and other approvals required by any federal, state, county, or local authorities or agencies, and to comply with any and all codes and regulations applicable to the Tenant's operations.

2. The County shall cooperate to the extent possible with the Tenant in its efforts to obtain such approvals and shall take no action, which would adversely affect the status of the properties with respect to the proposed use thereof by the Tenant. If any of the Tenant's applications are rejected, or any certificate, permit, license or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority so that the Tenant is unable to use the System or the properties for its intended purposes, the Tenant shall have the right to terminate the Lease Agreement. Notice of the Tenant's exercise of its right to terminate shall be given to the County in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the County as evidenced by the return receipt. All rentals paid to said termination date shall be retained by the County.

F. Maintenance and Utilities.

The Tenant shall be responsible for the maintenance and care of its equipment, its associated structures, encompassing areas are to be kept in conformance with all federal, state, county, local and any and all other codes and regulations applicable to the operation of the transmission/communication devices and associated equipment.

If permitted by the local utility company servicing the property, the Tenant shall furnish and install its own direct meter for electricity. Utility installation and required emergency power back-up generator equipment shall be solely at the Tenant's cost and expense. In addition, any required telephone communications lines, secured with alarm monitoring the radio transmitter communication’s signal hut/bungalow to house the Tenant’s on-site operational equipment requiring maintenance shall also be the sole responsibility of the Tenant.

G. Taxes.

Any franchise taxes or real estate taxes or assessments of any kind, which are attributable to the licensed portion of the properties and the improvements constructed by the Tenant, shall be the responsibility of, and paid by, the

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

Tenant.

H. Security.

1. The Tenant shall be solely responsible for providing and maintaining controlled access to their portion of the property containing their transmission/communication system and its associated equipment at all times. In addition, the Tenant shall perform background checks on all personnel that shall access the properties on their behalf, including all sub-contractors, technicians, consultants, administrative staff, vendors, suppliers, and etcetera.

3. The Tenant shall provide the County with full contact information for a single point of contact, or delegate, whom can be contacted immediately in the event of unsatisfactory performance or in case of an emergency. Said contact information shall include the means whereby the Tenant can be reached during both business and non-business hours. The County shall be able to reach the Tenant at any time in case of an emergency.

I. Federal Communications Commission (FCC) Approval and Certification.

The Tenant shall be solely responsible for attaining FCC approval as applicable for all transmission/communication equipment and shall provide a copy of the pertinent documenting approval prior to installation and placing equipment into service. Similarly, the Tenant shall provide a FCC Certified Radio Engineer Research Report to confirm the Tenant’s transmission/communication equipment shall not interfere with the radio signals from already existing and currently in use equipment installed on the communication tower.

J. Required Documentation.

In addition to all required documentation and attachments outlined herein to be submitted with your proposal, you shall also provide the County with the following information, which shall be attached to the Price Proposal and Acceptance of the Proposal’s terms and Conditions Certification (Attachment “F”) of this RFP document:

1. A detailed list and picture of all equipment to be installed.

2. A detailed list of all firms partnering on this project,

3. A detailed outline as to how your firm is proposing to install and implement the transmission/communication equipment and include the transmission frequency along with the required elevation height,

4. A complete account as to the overall tower structural load capacity, wind loading, and

5. A copy of all pertinent certifications, licenses, permits, documented approvals, copy of certified and sealed engineer drawings demonstrating compliance with all structural requirements, etcetera, that is required to install, maintain, and operate the transmission/communication equipment being placed on the County’s property.

K. Cell Tower Sites Available.

All current or future County Park properties will be considered.

L. Sample Communication Tower Lease Agreement.

A Lease Agreement shall be executed between the County and the Tenant. A sample of said Communication Tower Lease Agreement is included hereto as Attachment “N”.

Section III. General Instructions for Proposal Preparation and Delivery.

A. Requesting the Solicitation Document.

The RFP documents are available on-line at no charge via the Osceola County VendorLink site:

https://vendorlink.osceola.org. Register as a vendor to download the solicitation documents. You may also download the solicitation documents via the link located on the Procurement Services section page of www.osceola.org. Osceola County is not responsible for errors and omissions occurring in the transmission or downloading of any documents from these websites. In the event of any discrepancy between information on these websites and the hardcopy specifications, the terms of the hardcopy specifications shall prevail. For more information, call the Procurement Services Office at (407) 742-0900. Important: The desire of Osceola County to pursue proposals shall in no way obligate the County to compensate you for your efforts or to execute a contract with your firm.

B. On-Line Service Provider Disclaimer.

VendorLink has no affiliation with Osceola County other than as a service that facilitates communication between the County and its vendors. VendorLink is an independent entity and is not an agent or representative of the County.

Communications to VendorLink do not constitute communications to the County.

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

C. Solicitation Documents from Third Party Providers.

The Osceola County Procurement Services Office and its service provider VendorLink are the only authorized sources of solicitation documents/forms. Solicitation documents/forms obtained from any other third party source may contain an incomplete set of documents. Proposers using solicitation documents/forms obtained from any other third party source are advised to contact the Osceola County Procurement Services Office to provide a contact name, mailing address, phone number, fax number, and email address to obtain a complete set of solicitation documents and to enable notification of required addenda. Reproduction of these documents without the express permission of Osceola County is prohibited.

D. Pre-Proposal Conference.

There will be no pre-proposal conference for this project.

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

E. Interpretation and Questions.

All questions relating to this RFP document must be in writing and hand-delivered or delivered electronically through email or fax to the designated Procurement Services Office Representative no later than Friday, December 29, 2023 at 2:00 PM Local Time. Any interpretations, clarifications, or changes will be made in the form of written addenda issued by the Procurement Services Office Representative. Any oral communications will not be authoritative and will not be binding on the County. It is the sole responsibility of the proposer to contact the Procurement Services Office prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with each proposal. Addenda will be available to all proposers on the Osceola County VendorLink site: https://vendorlink.osceola.org and via the link located on the Procurement Services section page at www.osceola.org.

F. Preparation and Format.

Proposals should be prepared in a clear and concise manner to meet the requirements of the RFP. Emphasis should concentrate on conformance to the RFP instructions, responsiveness to the requirements, as well as completeness and clarity of content.

G. Page Limitation.

Proposal packages shall be limited to not more than 30 PAGES, printed on a single side of paper, with a font no less than twelve (12) point.

Note: Required attachments will not be counted in the 30-page limitation.

H. Completeness.

Proposals shall contain the information as required in this solicitation. Failure to submit all information as requested may result in a lowered evaluation score of the proposal. Proposals that are substantially incomplete or lack key information may be rejected by the County. The following list details the appropriate proposal format:

1. Selection dividers with tabs labeled. Tab “A” through Tab “E”, to identify each required criteria in Section V;

2. All attachments shall be placed under the appropriate tab for that sub-section.

3. Currently valid Certificates of Insurance and Local Business Tax Receipt (formerly known as Occupational

License) shall be placed under Tab “A” of your proposal.

I. Corporate Standing and Authorized Signatory.

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

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741 authorized to bind the corporation. Examples include:

1. A copy of your Articles of Incorporation listing the approved signatories of the corporation

2. A copy of a resolution listing the members of staff as authorized signatories for the company.

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

J. Proposal Reproduction.

Please submit six (6) copies of the proposal package, one (1) unbound original and five (5) bound copies. The submittal MUST also include a single CD-ROM or memory stick containing the entire submittal formatted to be read with Microsoft® software products or Adobe® PDF software.

K. Proposal Submittal and Delivery.

Sealed proposals must be received and date stamped in the Osceola County Procurement Services Office by the specified Tuesday, January 16, 2024 at 2:00 PM Local Time deadline. Proposals received after the stated date and time will not be accepted and will be returned unopened. No exceptions will be made. Proposals shall be submitted and delivered to the below address in a sealed, opaque envelope or packaging material, plainly marked on the outside with the following:

Osceola County Procurement Services Office 1 Courthouse Square, Suite 2300 Kissimmee, Florida 34741 RE: Solicitation RFP-19-10765-TP Solicitation Title: Communications Tower Site Leasing on Osceola County Government Properties

Date and time proposal is due.

Attention: Ted Phillips

For your convenience, Attachment “M” has been provided to properly identify and affix to your RFP response.

L. Improper Identification and Timeliness.

The County is not responsible for the failure of a proposer or the proposer’s agent to submit responses in a timely manner or for a proposal that is not properly addressed or identified. Proposal delivery by electronic means, such as facsimile and e-mail, is not allowed.

M. Public Opening of Proposals.

Proposals will be announced publicly in the Procurement Services Office on the above appointed date and time or as soon thereafter as possible. Only the names of the respondents will be announced. All other information will be subject to Florida’s Open Government Laws to Public Contracting.

N. Withdrawal of Proposals.

Proposals may not be withdrawn for a period of one hundred eighty days (180) days after the public opening date.

O. Ownership of Documents.

All documents resulting from this RFP solicitation shall become the sole property of Osceola County.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

Section IV. Proposal Schedule.

Tentative Schedule

Task Date

RFP Released to General Public Sunday, January 13, 2019 through Tuesday, January 16, 2024

RFP Pre-Proposal Meeting (if applicable) Not Applicable

Deadline for Questions by Interested Parties No later than ten (10 ) calendar days prior to submittal to the County

Proposal Due Date and Opening Submitted proposals shall only be opened as available on Tuesdays at 2:00 P. M. Local Time. The proposal submittal period shall expire on January 16, 2024 unless otherwise changed in writing by the County.

The County reserves the sole right to close the submittal period at any time.

Evaluation and Selection Within three (3) weeks after opening, or as reasonably scheduled.

Presentations, if required To be determined, on a case-by-case basis.

Board of County Commissioners or County Manager’s Approval of Contracts Four (4) to six (6) weeks after evaluation and recommendation to award by the Evaluation Committee (EC), dependent upon successful negotiation of all terms and conditions and acceptance by the Tenant of the Lease Agreement.

Section V. Proposal Response, Criteria, and Evaluation Point Values.

Evaluation Criteria

Category Points

A. Firm Qualifications and Experience 25

B. Similar Projects 15

C. Project Approach 20

D. Price Proposal / Fee Schedule (Attachment F) 40

E. Additional Information 0

Total Points 100

A. Firm Qualifications and Experience – Tab “A” (25 Points).

1. Letter of Transmittal. Provide a letter of transmittal, no longer than two (2) pages, signed by an authorized

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741 representative of the proposer, including a brief description of your firm’s location, organization structure, and philosophy. (This section is not included in the overall proposal 30-page count.)

2. Individuals and Qualifications. Identify and include qualifications of specific individuals to be assigned to the project (include names, contact information, and resumes) and specify which services the individuals will provide to Osceola County.

3. Sub-Contractors. Proposers must list any sub-contractors that shall be used to accomplish the scope of services on the Proposed Schedule of Subcontractor Participation Form (Attachment “G”). If no subcontractors are going to be used, check the box for Subcontractors will not be utilized for this project at the top of the form.

4. Litigation. Please list any past and/or pending litigation or disputes relating to the work described herein that your firm has been involved in within the last five (5) years. The list shall include each project name and the nature of the litigation.

5. Financial Information. Provide an official letter from the proposer’s financial institution detailing the financial status of the proposer. The letter shall include a contact name, address, phone number, and fax number. The failure to produce financial requirements may be grounds for disqualification of your offer.

6. Insurance Certificates. Provide copies of your current liability and workers’ compensation Certificates of Insurance. The successful offeror will be required to provide Certificate(s) of Insurance evidencing coverage as required in Attachment “B” within five (5) business days of the notification of intent to award. Note: Policies other than Workers’ Compensation shall be issued only by companies authorized to conduct business in the State of Florida, with active certificates of authority issued by the State of Florida, Department of Insurance.

7. Corporate Standing and Authorized Signatories. Proposers must provide a copy of the State Certificate of good standing listing the officers of the company. If the signatory is not one of the officers listed on the State Certificate, the bidder/proposer must complete the Articles of Incorporation / Corporate Documents Form (Attachment “I”) or provide one of the forms of evidence of Signatory Authority listed in Section III, I Corporate Standing and Authorized Signatories.

8. Public Entity Crimes. Proposers must complete the Public Entity Crimes Statement (Attachment “C”) and have it notarized.

9. Conflict of Interest. Proposers must provide disclosure of any potential conflict of interest due to any other clients, contracts, or property interests for this project only. Complete the Conflict of Interest Statement (Attachment “D”) and have it notarized certifying that no member of your firm ownership, management, or staff has a vested interest in any aspect of this solicitation or any department within the Osceola County Government.

10. Local Business Tax Receipt (formerly Occupational License). Provide a copy of your Local Business Tax Receipt. Osceola County requires a Local Business Tax Receipt (formerly Occupational License) be held by all its contractors. Please contact the Tax Collector/Local Business Tax Receipt Office directly for information concerning this requirement at (407) 742-4000. In accordance with section 205.065, Florida Statutes, a current Department of Professional Regulation certificate may be provided in lieu of an Osceola Local Business Tax Receipt, with a copy of the corresponding Occupational License of the home state, county, or city.

11. IRS W9 Form. Vendors that have not done business with the County or have not provided an updated W-9 Form within the past two (2) years, must complete IRS Form W-9, Request for Taxpayer Identification Number and Certification (Attachment “K”) and submit with the proposal.

12. Organizational Structure. The County recognizes and understands that many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, and etcetera. As a result, it is sometimes difficult to determine what past performance is relevant to this project. To facilitate this relevancy determination, include in your proposal response a “roadmap” or organizational chart describing all such changes in the organizational structure of your firm.

13. Additional Completed RFP Attachment Forms. The following completed Attachment forms should be included in this section as applicable: Attachment “E”, Drug-free Workplace Certification, Attachment “G” Proposed Schedule of Subcontractor Participation, Attachment “H”, Addendum Acknowledgement, Attachment “J”, Vendor Demographics Survey, and Attachment “L”, Contractor Certification Scrutinized Companies.

B. Similar Projects – Tab “B” (15 Points).

To demonstrate experience and success in conducting similar work, the proposer shall provide a minimum of three

(3) references of similar size projects in similar circumstances with appropriate reference information, concentrating only on those projects completed within the last two (2) years or currently underway by the proposer’s firm, as follows:

1. Client name, address, phone, fax number and email address;

2. Description of all services provided;

3. Performance period; and,

4. Total annual amount of contract.

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

Describe any significant or unique awards received or accomplishments made in previous, similar projects.

NOTE: Please do not include projects completed or currently underway with Osceola County Government.

C. Project Approach – Tab “C” (20 Points).

1. State your firm’s technical approach to the project and the interpretation of the scope of services required.

2. Define the adequacy of resources, including personnel, labor, equipment and supply resources, and other requirements to provide the requested services.

3. Provide a clear statement of the specific services and tasks to be performed. Include information concerning each task and staff committed to accomplish each task.

4. Provide an implementation schedule for proposed services including any management and planning strategies.

5. Provide information regarding any proposed innovative concepts that may enhance the value and quality of the services to be performed.

D. Price Proposal/Fee Schedule – Tab “D” (40 Points).

The Price Proposal and Acceptance of Proposal Terms and Conditions Certification, Attachment “F”, shall be completed and included in Tab D. An authorized signatory must sign Attachment “F” attesting to knowledge of scope of services, committing to the prices as offered, and acceptance of the terms and conditions. This form must be notarized. As stewards of public funds, the County maintains all adopted budgetary parameters in the performance of its contracts. The ability of the successful proposer to maintain a sense of fiscal responsibility shall be favorably considered in the evaluation of proposals.

E. Additional Information – Tab “E” (No Assigned Points).

Proposers may include a section for appendixes including promotional material or supporting documentation not otherwise requested herein. Please clearly designate this section in your response. This will be for informational purposes only.

Section VI. Evaluation Process.

A. Determining Responsibility.

In conjunction with the weighted criteria being used to determine the capability of the proposal, the County may also consider the proposer’s ability to meet or exceed the following criteria:

1. The proposer's ability, capacity, and skill to perform the contract or provide the service within the time specified;

2. The quality of performance of previous contracts or services including previous performance with the County;

3. Previous and existing compliance by the proposer with laws and ordinances relating to the contract or service;

4. Financial resources of the proposer to perform the contract or provide the service; and,

5. Whether the proposer is in arrears to the County on a debt or a contract; whether the proposer is in default on surety to the County; or whether the proposer's taxes are delinquent.

B. Evaluation Committee.

The Evaluation Committee (EC) is comprised of qualified and recommended Osceola County staff members, professional County advisors, or local government staff or officials which are appointed by the County Manager or Designee in coordination with the requesting department. The EC shall consist of members who have experience, knowledge and/or expertise in the program area and service requirements of the solicitation. The Procurement Services Office Representative shall be the non-voting chair of the committee.

C. Initial Evaluation of Proposals.

The Procurement Services Office Representative shall perform the initial review of all proposals submitted for initial qualifications certification. This process includes, but is not limited to the following:

1. The proposal was submitted by the deadline;

2. All required documents have been submitted;

3. All documents requiring an original signature have been signed and submitted; and,

4. Verification through the professional regulatory agency to ensure proper professional licenses or credentials, as required.

A checklist of the essential items required by the solicitation shall be prepared by the Procurement Services Office Representative and presented to the EC for consideration and action. The County, at its sole discretion, may utilize the services of one or more independent firms, consultants, technical experts, and/or services to assist in the review

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741 or to provide an assessment, evaluation, and/or opinion as to the merits or validity of the proposer’s response to this

RFP.

D. Presentations or Interviews.

The County may request that proposers provide presentations to the EC, County Manager, and/or Board of County

Commissioners; and/or conduct interviews with the selected proposers regarding the qualifications, ability to furnish the required services, and all criteria set forth herein. The Procurement Services Office will notify all proposers of the County’s decision to request presentations and/or interviews, as applicable. Pursuant to Florida Statute Chapter 286, any portions of a meeting, at which a vendor makes an oral presentation, or answers questions as part of a competitive solicitation, are exempt from Florida Statute 286.011 and Statute 24(b), Article I of the State Constitution.

E. Best and Final Offer and Negotiations.

The County may request that the respondents provide a Best and Final Offer submittal before final determination for recommendation of contract award. The contract negotiation team will include, at a minimum, a member from the Procurement Services Office and a member from the end use department. The County reserves the right to negotiate any and all elements of a contract resulting from this request for proposal. Pursuant to Florida Statute Chapter 286, any portion of a meeting, at which negotiation strategies are discussed, or negotiations with a vendor is conducted, are exempt from Florida Statute 286.011 and Statute 24(b), Article I of the State Constitution.

F. Right to Cancel or Reject.

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

G. EC Tabulation.

The tabulation of the EC evaluation will be posted via the Osceola County VendorLink site:

https://vendorlink.osceola.org. Tabulation of proposal selections may also be viewed via the link located on the Procurement Services section page of www.osceola.org. Interested proposers may also call the Osceola County Procurement Services Office for results.

H. Protests.

1. Notice of Solicitation Bid Protests: Any person intending to submit a bid or proposal may protest an alleged Irregularity or defect in the procurement process by which such person is aggrieved by filing with the Procurement Services Office Director a Notice of Solicitation Protest setting forth in writing the nature of the protest, the grounds upon which it is based and the relief sought. The Notice of Solicitation Protest must be received in the Procurement Services Office at least three (3) business days prior to the due date for the Solicitation. Failure to file a Notice of Protest in a timely manner shall constitute a waiver of rights hereunder.

2. Notice of Award Protest: Any Bidder or Respondent, who is not the intended awardee and who claims to be the rightful awardee, may file a Notice of Protest, in writing with the Procurement Services Office, by 5:00 pm on the third (3rd) business day after the Notice of intent to Award is posted. An Award Protest is not valid if filed by a Bidder who cannot show they would be awarded the Contract if their protest is upheld. A timely filing of a bid protest by an aggrieved bidder or proposer may stay further procurement proceedings. It shall be at the discretion of the Osceola County Manager whether the performance of the Contract should be stayed. The Procurement Services Director shall consider the protest, make any other pertinent inquiries and shall have the opportunity to begin to resolve the protest by mutual agreement between the parties. The Procurement Services Director shall confer with the Osceola County Attorney and Osceola County Manager or designee to review the basis for the protest and the results of the inquiries and concur on a determination. The Procurement Service Director will send the protestor a Notice of Determination within five (5) Business Days of the County’s determination.

I. Award of Contract.

1. The County Manager, or designee, shall review the fees and rates of compensation for reasonableness prior to execution of contract or submittal of a recommendation of contract or agreement to the Board. The County

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

Attorney’s Office may review all contract documents. Other experts may be consulted to assist in this process.

2. The Procurement Services Office and the requesting Department will prepare the required award documents and make recommendations for approval to the Board of County Commissioners or County Manager. Upon award, the Chairman/Vice Chairman or County Manager, as applicable, will execute the agreement. The Board of County Commissioners retains full discretion to award or reject a contract, or authorize expenditures in the best interest of the County and no assurances are binding other than final action by the Board.

3. Non-Exclusive Contract: Award of this project shall impose no obligation on the County to utilize the successful proposer for all work of this type, which may develop during the contract period. This is not an exclusive contract.

The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the County’s best interest.

4. Ownership and Rights in Data: Any work, product or deliverable report provided to the County as a result of work performed while under contract shall be considered the property of the County and may be used in any fashion the County deems appropriate. The County shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by the successful proposer pursuant to the terms of the awarded contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of the awarded contract.

Section VII. General Terms and Conditions.

A. Fund Availability.

Any contract resulting from this solicitation is deemed effective only to the extent that funds are available. Osceola

County abides by the provisions set forth in Florida Statutes relative to the appropriation of funds.

B. Prompt Payment Act.

Payments will be made pursuant to section 218.70, Florida Statutes, Florida’s Prompt Payment Act.

C. Local Business Tax Receipt (formerly Occupational License).

Osceola County requires a Local Business Tax Receipt (formerly Occupational License) be held by all its contractors.

Please contact the Tax Collector/Local Business Tax Receipt Office directly for information concerning this requirement at (407) 742-4000.

D. Permits, Licenses, or Fees.

Any permits, licenses, or fees required will be the responsibility of the proposer. The County will not entertain separate payment for these items.

E. Taxes.

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

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

F. Governing Laws and Venue.

Any contractual arrangement between Osceola County and the proposer shall be consistent with, and be governed by, the ordinances of Osceola County, the laws of the State of Florida, both procedural and substantive, and applicable federal statutes, rules, and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Osceola County, Florida.

G. Conflict of Interest, All proposers must disclose, with their proposal, the name of any officer, director, or agent who is also an officer or employee of Osceola County. Furthermore, all proposers must disclose the name of any Osceola County officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the proposer's firm or any of its branches, subsidiaries, or partnerships. Failure to disclose in this manner will result in the disqualification of the proposer or the cancellation of work. It is the sole responsibility of the proposer to ensure compliance with the County Administrative Code, Chapter 3, Section 3.3-2, Conflict of Interest. Please complete and submit Attachment “D” with your proposal response. The County may seek damages for the recoupment of losses in having to re-solicit or re-assign this project.

H. Additional Terms and Conditions.

2024 at 2:00 PM Local Time

Advertised Date: Beginning Sunday, January 13, 2019 and continuing through Tuesday, January 16, 2024

Procurement Analyst: Ted Phillips Email: ted.phillips@osceola.org

Respond to: 1 Courthouse Square, Suite 2300, Kissimmee, Florida 34741

No additional terms and conditions included within the proposal response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation.

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

I. Liability.

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

J. Indemnification.

1. General Liability: The…