TOWING AND ROADSIDE SERVICES

26-T01394

County of Hernando

15470 Flight Path Drive

Brooksville, FL 34604

County of Hernando

Towing and Roadside Services

I. SOLICITATION

II. INTRODUCTION

III. AWARD

IV. DEFINITIONS AND SOLICITATION INSTRUCTIONS

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS

VII. SCOPE AND SPECIFICATIONS

VIII. PRICING PROPOSAL

IX. VENDOR QUESTIONNAIRE (Term)

Term Contract ITB/One Time Bid #26-T01394 Title: Towing and Roadside Services

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 28, 2026. NO BID OFFERS WILL BE ACCEPTED AFTER THE BID

SUBMISSION DEADLINE. 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 28, 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-T01394

FOR

Towing and Roadside Services

Hernando County Board of County Commissioners is soliciting providers that are active in Towing and

Roadside Services

Bids for furnishing the above will be received and accepted up to 10:00 a.m. (local time), Monday, September 28, 2026, via Hernando County's eProcurement Portal. Only electronic submittals through the eProcurement Portal shall be accepted by the County.

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

Providers interested in submitting a bid may obtain all information, forms, documents, plans, and drawings pertaining to this solicitation by visiting the County's eProcurement Portal. For additional information, please visit the Hernando County Board of County Commissioners Procurement

Department at www.hernandocounty.us or by 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 all bids, the

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

Communication between any bidder 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 bid. Ex Parte communication may be grounds for disqualifying the offending bidder from consideration or award of the solicitation or any future solicitation.

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

The Procurement Department will post addenda on the eProcurement Portal in response to all questions in accordance with these solicitation instructions. It is your responsibility to visit the County’s eProcurement portal to ensure that you are aware of all such addenda.

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 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 bid. Your method of contact for this solicitation is the Q&A Tab in the County's eProcurement Portal.

3. AWARD

UPON AWARD, PLEASE SUBMIT INVOICES TO:

Hernando County

Fleet

1525 E. Jefferson St.

Brooksville, Florida 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. BID DOCUMENTS: The forms and documents pertaining to this solicitation that must be filled out, completed or signed, as applicable, by the bidder.

B. BIDDER: Any person, joint venture, or business organization submitting a bid to the County in response to this solicitation. Sometimes referred to as “proposer” or “respondent”.

C. BOARD: The Board of County Commissioners for Hernando County, Florida; the governing body of Hernando County, Florida.

D. CHANGE ORDER: A document that details and authorizes an addition, deletion, or revision in the contracted work or an adjustment in the contract price or times, issued on or after the effective date of the Contract, and which requires the recommendation of the Engineer and the authorized signatures of the Vendor/Contractor and the County and any other applicable agency.

E. CONTRACT or THE CONTRACT (uppercase C): The written agreement, and any amendments, extensions and renewals thereof, resulting from this solicitation, that is executed by the County and Vendor/Contractor and that includes the Contract Documents listed in the Contract including, but not limited to the Solicitation-Offer-Award, plans, specifications, notices to the

Vendor/Contractor, proposal, surety bonds, addenda, bid documents and other documents, and other incorporated or referenced documents in the solicitation or the Contract, whether attached thereto or not.

F. COUNTY: Hernando County, Florida, a political subdivision of the State of Florida; sometimes referred to as "the Owner".

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

H. PUBLIC OPENING: The opening of the bids or proposals received in response to this solicitation, and the announcing of the bidders that submitted the bids received in response to this solicitation, in the presence of the public, that occurs immediately after the bid submission deadline.

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

Quotes (“RFQ”), whichever applies.

J. VENDOR/CONTRACTOR: The entity with whom the County has entered into the Contract as a result of this solicitation. Sometimes referred to as the "Contractor".

K. WORK or THE WORK: The services and supplies without limitation, or any portion or quantity thereof, required by the solicitation prior to the Contract’s effective date; or those of the

Contract beginning on the Contract’s effective date.

L. YOU/YOUR: The bidder, whether singularly or on behalf of an entity or a joint venture, its business entities, successors, assigns, employees and representatives, that intends to submit, or does submit, a bid in response to this solicitation. If you and the Vendor/Contractor are one and the same, then any reference to you/your also refers to the Vendor/Contractor and vice-versa.

4.2. AVAILABILITY OF BIDDING DOCUMENTS

You may obtain all information, bid documents, plans, drawings, site locations, and other documents pertaining to this solicitation by visiting Hernando County's eProcurement Portal. For additional information please contact the County's 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. To submit a bid, you must register via the County's eProcurement Portal. Once registered, to submit a response please click on the "DRAFT RESPONSE" button and provide an answer to all of the prompts and questions. You must respond to all required questions and acknowledge all addenda so that your bid may be considered responsive by the County. Submitting more than one bid with different pricing will result in your bid(s) being rejected. Bids that do not comply with these conditions may be subject to rejection.

B. You may submit your bid only through the Hernando County's eProcurement Portal. You are solely and strictly responsible for submitting your bid on or before the bid submission deadline;

no bid will be accepted after the bid submission deadline. The County bears no responsibility for delays caused by wi-fi connection or speed, power outage or any other occurrence.

1. Submitting your bid 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 documents using the instructions herein.

2. The County will not honor any explanation or change in the bid documents unless the

County has issued a written addendum authorizing such change through the eProcurement

Portal.

3. The County reserves the right to reject any or all bids and to waive any informalities thereof.

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.

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

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 your or the Vendor/Contractor’s pleas of ignorance regarding conditions that exist or may hereafter exist as a result of your failure or omission to make the necessary investigations, or your failure to fulfill in every detail the requirements of the Contract, as a basis for varying the

County's requirements or the compensation under the Contract. The submittal or 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 Q&A Tab before the question submission deadline and according to these specifications. 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 official or employee regarding this solicitation will subject you to disqualification.

4.4. PUBLIC OPENING:

Bids received through the eProcurement Portal by the bid submission deadline will be publicly opened immediately after the bid submission deadline and will remain binding upon the respective bidders for a period of ninety (90) days thereafter. Pursuant to sec. 119.071(1)(b), 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 bidding process shall be addressed in writing via the County's eProcurement Portal Q&A Tab, prior to the question submission deadline.

B. The County’s interpretation or clarification made 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 is your responsibility to visit https://secure.procurenow.com/portal/hernandocounty to ensure you are aware of all addenda issued for this solicitation.

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

D. Questions will only be accepted until the question submission deadline: Monday, September 7, 2026 at 5:00 pm

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

4.6. PROHIBITED 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.

4.7. WITHDRAWAL OF BIDS:

You may withdraw your bid only through the County’s eProcurement Portal prior to the bid submission deadline. Attempted withdrawal by any other means, such as facsimile, email, or mail, or after the bid submission deadline, will not be recognized. Your negligence in preparing your bid confers no right for 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 a formal written protest in strict 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 timely file either or both the notice of protest and the formal written protest constitutes a waiver of protest proceedings. Additionally, your failure to post the protest bond or other security in strict accordance with the Hernando County Procurement Manual, Section 22, shall constitute a waiver of protest proceedings.

4.9. FOREIGN COUNTRIES OF CONCERN

Pursuant to sec. 287.138, F.S., the County may not enter into a contract, nor extend or renew a contract, which grants an entity access to personal identifiable information if: (a) the entity 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 entity is organized under the law of or has its principal place of business in a Foreign Country of Concern. Accordingly, you shall provide a response to the section titled VENDOR QUESTIONNAIRE, Foreign Countries of Concern included in this solicitation; your failure to provide a response shall result in the rejection of your bid.

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

5. GENERAL CONDITIONS

5.1. CONTRACT PERIOD:

A. The Contract resulting from this solicitation shall be a term contract for the contract period specified herein. During the specified contract period, the County may order services or supplies it requires, and the Vendor/Contractor will deliver the services or supplies ordered. You understand that the County has no obligation under the Contract to purchase any specific quantity of services or supplies.

B. The contract period shall extend for three (3) years from the Contract’s 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, the Contract may be unilaterally renewed, for 2 (two) additional year periods at the same prices, terms, and conditions (each a

“renewal period”). 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 the contract period or the then current renewal period of its decision to exercise its renewal option. For the

County to consider a price adjustment for a renewal period, the Vendor/Contractor must submit a request in writing to the County, at the time of the County's renewal option notice, and must provide with its request documentary evidence of increased costs to the Vendor/Contractor.

Any 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 the Contract, in whole or in part, by giving ninety (90) days prior written notice. However, the Vendor/Contractor shall not be authorized to cancel the Contract during the first one-hundred eighty (180) days of the contract period.

5.2. BID PRICE/SUBMITTAL REQUIREMENTS:

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

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

C. By submitting a bid, you certify that your bid is made without prior understanding, agreement, or connection with any other person or entity submitting a bid for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud.

D. By submitting a bid, you agree to abide by all terms and conditions of this solicitation and the resulting Contract, and you certify that the person signing your bid is legally authorized to sign your bid.

E. By submitting a bid you warrant that the prices of the items set forth herein do not exceed those you charge under contract to the State of Florida or any of its agencies.

F. You must submit your completed bid documents in their entirety, including the

Solicitation-Offer-Award cover sheet, bid Specifications, bid form, and all required forms, affidavits and certifications. Failure to submit such documents may render your bid non-responsive.

5.3. QUALIFICATION OF BIDDERS:

A. The contract resulting from this solicitation shall be awarded to a responsive, responsible bidder, qualified by experience to provide the work specified in this solicitation. You shall submit the following with your bid:

1. List and brief description of substantially similar work (size and scope) for at least three references of firms or government agencies satisfactorily completed along with the references’ locations, dates of contract, names, addresses, telephone numbers and email addresses (see Questionnaire). These references must be for work performed within the past seven years.

2. List of equipment and facilities available to complete the 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:

The County will evaluate all bids based on price, completeness of the bid documents, compliance with the solicitation instructions, and the respective bidder’s ability and resources to complete and fulfill the work. You are responsible for submitting all data necessary for the County to evaluate your bid. Notwithstanding the foregoing, if an investigation by the Chief Procurement Officer finds that you are either delinquent on a previously awarded contract or in litigation with the County on a previously awarded contract, you will be disqualified to bid on this solicitation.

VENDOR/CONTRACTOR ADOPTS AND ASSUMES REPRESENTATIONS IN BID: By entering into the

Contract, the Vendor/Contractor adopts and assumes all representations and statements made in the successful bid resulting in the Contract, whether or not the Vendor/Contractor and successful bidder are one and the same.

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 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 two or more Hernando County bidders or from non-local bidders when no Hernando County bidder has submitted a tie bid, then the

Board shall award the contract to one bidder 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 the County requires no separate written contract, it shall issue a written letter of award and mail or otherwise furnish it to the successful bidder, which action shall constitute acceptance of the successful bidder's offer in its bid in accordance with all terms and conditions of all the documents in this solicitation and those submitted by the successful bidder in response to this solicitation, which shall constitute the Contract and be binding on the parties without further action by either party.

D. Discounts for payments within less than twenty (20) days of invoice date will not be considered in the evaluation of bids; however, the County will take such discounts once the Contract is awarded.

E. You are hereby notified that sec. 287.05701, F.S., prohibits the County from requesting documentation of, or considering, any bidder's social, political, or ideological interests when determining if the bidder is responsible; the County may not give preference to any bidder based on the bidder's social, political, or ideological interests

F. Award a Contract to one or more Proposers or none at all.

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 24 hours a day, 7 days a week, 365 days a year, Monday through Friday, except County holidays. The County may, on certain occasions, approve work outside of these times; however, you must submit a written request to the County for such exception at least one day in advance. Work is not permitted when operations would cause a traffic or safety hazard.

5.9. PURCHASE ORDERS, DELIVERY AND ACCEPTANCE:

A. The County will order the work by a numbered purchase order. Each purchase order will specify the scope of work, location and dates for the ordered services or supplies.

B. The County's receipt of the work does not constitute acceptance. Final acceptance and authorization of payment shall be given only after the County determines that the work delivered meet bid specifications and conditions. Should the services or supplies differ in any respect from the bid specifications and conditions, payment will be withheld until such time as the Vendor/Contractor corrects the deficiencies. If the Vendor/Contractor fails to correct the deficiencies, the County may refuse acceptance of the services or supplies, in which case the services or supplies shall remain the property of the Vendor/Contractor and the County shall not be liable for payment for any portion thereof. Unless otherwise specified in the purchase order, the Vendor/Contractor will provide the work in conformance with the Contract; provided, however, that any purchase order shall not constitute an amendment to the Contract or a change order.

C. Vendor/Contractor shall not commence the work until it has delivered to the County a current certificate of insurance and any other documents required by the Contract.

5.10. REJECTION OF BID:

The County reserves the right to reject any or all bids. If your bid is incomplete, unbalanced, conditional, obscure, contains irregularities or unauthorized additions of any kind, or does not comply with every aspect of this solicitation, it may be rejected at the County's option. If an investigation by the Chief

Procurement Officer discloses that you are delinquent on a previously awarded contract or in litigation with the County regarding a previously awarded contract, you will be disqualified from bidding.

5.11. MINOR INFORMALITIES AND IRREGULARITIES:

The County has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not the affect price, quality, quantity, delivery, or performance times of the solicitation. If your bid contains insufficient information for the County to properly evaluate it, the

County may require you to provide such additional information after public opening, provided that the information requested does not change the price, quality, quantity, delivery, or performance times of the solicitation. The County has the sole right to reject any or all bids in whole or in part, and to award by any item or group of items, whichever is most advantageous to the County.

5.12. NON-EXCLUSIVE CONTRACT:

The Contract is non-exclusive. It imposes no obligation on the County to utilize the Vendor/Contractor for all the services or supplies contemplated in the Contract that the County requires during the contract period, or any renewal periods or extension period. The County reserves the right to contract separately with another entity for similar services or supplies if the County deems such action to be in its best interest.

5.13. TIME IS OF THE ESSENCE; NON-PERFORMANCE:

Time is of the essence in the Contract and the Vendor/Contractor’s failure to complete or fulfill the work within the required time periods shall be considered a default. In the event of default, the County may procure such work from other sources and hold the Vendor/Contractor responsible for all costs occasioned thereby and may immediately terminate the Contract. In addition to terminating the

Contract, the Chief Procurement Officer may debar the Vendor/Contractor for a period of twelve to twenty-four months depending upon the severity of the Vendor/Contractor’s default. The

Vendor/Contractor and its sureties, if any, shall be liable to the County for any damages the County incurs as a result of the Vendor/Contractor’s default; such liability includes, but is not limited to, any increased costs incurred by the County in completing and fulfilling the contractual services or supplies.

5.14. ASSIGNMENT:

You are required to perform the Contract and may not assign, transfer, convey, sublet, or otherwise dispose of it, in whole or in part, nor any of your rights, title, or interest therein, without prior written authorization by the County which may or may not be given in the County's sole discretion.

5.15. PUBLIC ENTITY CRIMES:

By submitting a bid, you certify that you are aware of, and in compliance with, all requirements under sec. 287.133, F.S., regarding public entity crimes. Accordingly, you shall provide a response to the section titled VENDOR QUESTIONNAIRE, Sworn Statement to Public Entity Crimes, which is included in the bid documents; your failure to respond may result in the rejection of your bid

5.16. LICENSES AND PERMITS:

Prior to submitting a bid, and throughout the contract period, renewal periods and extension period, you shall have and maintain, at your own cost, all licenses and permits required to perform the Contract;

you shall make readily available all such licenses and permits for review by the Chief Procurement

Officer or designee, and you shall provide copies of same if requested by the County. The licenses and permits shall be in your name as it appears on the official bid form. You shall supply appropriate license numbers, with expiration dates, as part of your bid. Your failure to hold and provide proof of a proper active license may result in rejection of your bid.

5.17. LAWS, REGULATIONS, PERMITS AND TAXES:

Vendor/Contractor shall comply with the 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 your performance under the Contract. Vendor/Contractor shall procure and pay for all permits and inspections required to perform the Contract, and shall furnish any bonds, security or deposits required to perform the Contract. Vendor/Contractor shall, to the extent permissible under applicable law, comply with the jobsite provisions that apply to work on the specific jobsite. The County of Hernando is exempt from federal excise taxes and all sales taxes.

5.18. CONTRACT AMENDMENTS AND CHANGE ORDERS:

Without invalidating the Contract, the County may order additions, deletions, or revisions to the services or supplies by issuance of a change order or amendment to the Contract. The cumulative financial total of change orders and amendments to the Contract under $50,000.00 ("the cap") may be approved by the Chief Procurement Officer or designee. Once the cap is reached, all other amendments and change orders are subject to approval by the Board through agenda item at a public meeting. Only upon receipt of a change order or amendment executed by the Vendor/Contractor and the County (in accordance with the aforementioned cap parameters) shall the Vendor/Contractor be authorized to commence the added, deleted or revised services or supplies. The Vendor/Contractor shall perform such contractual amendments or change orders in accordance with the terms and conditions of the Contract. It is the

Vendor/Contactor’s responsibility to notify its surety of any changes affecting the general scope of the services or supplies, and to ensure that the amount of the applicable bond(s) are adjusted accordingly.

5.19. 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 for use in the performance of the Contract, pursuant to chapters 192 and

212, F.S., and to the applicable rules of the Department of Revenue.

5.20. 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. Additionally, in the event of a dispute or litigation arising from the

Contract, the following applies: (1) each party to such dispute or litigation is solely responsible for its own attorneys’ fees and costs; (2) the Contract shall not be construed for or against any party hereto, regardless of which party is wholly or partly responsible for its drafting; (3) 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 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 the Contract and any other claim of injury or damage.

5.21. TERMINATION:

A. Termination for Default:

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

a. Provide the work, in whole or in part, or to meet the County’s performance standards.

b. Provide the work within the times specified in the Contract.

c. Make progress to the extent such failure delays or endangers performance of the

Contract.

d. Perform any provision of the Contract.

2. Prior to termination for default, the Chief Procurement Officer County 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 days

(or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiencies 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 to twenty-four months depending upon the severity of the Vendor/Contractor’s default. The Vendor/Contractor and its sureties shall be liable for any damages incurred by the County as a result of the Vendor/Contractor’s default; such liability includes, but is not limited to, any increased costs incurred by the

County in completing and fulfilling the Contract.

3. In the event the County terminates the Contract for any reason, the Vendor/Contractor will have no 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 the work on the date and to the extent specified in the termination notice.

b. Terminate and settle all orders and subcontracts relating to 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, by written notice, may terminate the Contract or any purchase order, in whole or in part, when it is in the County’s interest. If the whole or any part of the Contract or any purchase order is terminated, the County will be liable only for the work delivered and accepted in accordance with the Contract. The County's termination notice may, but is not required to, provide the Vendor/Contractor ninety days prior notice before it becomes effective.

5.22. FISCAL NON-FUNDING

In the event sufficient budgeted funds are not available for a new fiscal period, the County must 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.

5.23. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES:

A. At the option of the Vendor/Contractor, the Contract may be utilized by other government agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities.

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

5.24. 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.

5.25. INTERIM EXTENSION OF PERFORMANCE:

If the County determines that an extension is required to allow for the solicitation and award of a new contract, it may unilaterally extend the Contract for a maximum period of up to six months (“extension period”). Current pricing, delivery and all other terms and conditions of the Contract shall apply during the extension period.

5.26. COMPETENCY OF BIDDERS:

The County reserves the right to investigate your competency and financial ability to complete and fulfill the work specified in this solicitation. If, after investigation, the County in its sole discretion determines the evidence of your competency or financial ability is unsatisfactory, the County may reject your bid.

5.27. MAINTENANCE OF RECORDS:

You shall keep adequate records and supporting documents applicable to the Contract ("public records"), and shall retain the public records for a minimum of five years from the date of final payment on the Contract ("record maintenance period"). You shall permit and accommodate the County and its authorized agents to audit, inspect and copy the public 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 sec. 119.0701, F.S.

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.

5.28. PAYMENT:

A. For payment for under the Contract, the Vendor/Contractor shall submit an invoice, in duplicate, with purchase order number referenced thereon, at the completion of each specified portion of the work to : Fleet Service Writer, Shop Supervisor, and Fleet Finance.

B. Each invoice must provide a detailed breakdown of the work provided.

1. Invoice number

2. Company Name

3. County vehicle number and vehicle category

4. County work order number

5. Purchase order number

6. Labor time and charges (e.g., 4 hours @ $10.00 = $40.00) if applicable

7. Pick-up/delivery towing/delivery cost

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 completion of the portion of the work invoiced

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 rejected.

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.

5.29. CONFLICT OF INTEREST:

A. Conflict of Interest of Officers, Members or Employees of the Bidder, Vendor/Contractor, or County, Members of the Board, or Other Public Official of the County: No officer, member or employee of the bidder, Vendor/Contractor, County, nor member of the Board or other public official of the County, who exercises any function or responsibility with respect to this solicitation or the Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for the work.

The Vendor/Contractor shall cause to be incorporated in all subcontracts pertaining to the work the language set forth in this paragraph prohibiting conflict of interest.

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

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

C. A 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 regarding matters pertaining to that financial interest.

D. Former Employee Conflict of Interest: It is a violation for you to submit a bid on this solicitation when you have employed or have agreed to employ in any capacity any former County employee or member of the employee's immediately family within one year of that employee's separation from employment with the County, unless you or the former County employee files with this solicitation the County's Employment Disclosure Statement. The penalty for this violation may disqualify you from bidding on this solicitation.

5.30. GRATUITIES AND KICKBACKS:

A. Gratuities: It is unethical for you 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 you, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation of, or preparation of any part of a bid or procurement request, or to influence the content of any specification or procurement standard, or to act in an advisory, investigative or auditing capacity therefor.

B. Kickbacks: It is unethical for any subcontractor to make a payment, gratuity, or offer of employment to the prime Vendor/Contractor or higher-tier subcontractor or any person associated therewith for the Contract, as an inducement for the award of a subcontract or order.

5.31. E-VERIFY:

A. You are advised that the County has entered into an agreement with U.S. Immigration and

Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent the knowing hiring of unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE

(the IMAGE Agreement). Accordingly, by submitting your bid, you represent and warrant: (a) that you are in compliance with all applicable federal, state and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee’s eligibility to work in the United States; (b) that all of your employees are legally eligible to work in the

United States; and (c) that you have actively and affirmatively verified such eligibility utilizing the federal government’s Employment Verification Eligibility Form (I-9 Form).

B. A mere allegation of your intent to use or current use of…