0547FAC-RFP-MOC_HVAC_Direct_Digital_Controls_System.pdf

Connect with Us • HILLSBOROUGHSCHOOLS.ORG • OPERATIONS DIVISION• 1202 EAST PALM AVENUE• 2ND FLOOR•

TAMPA, FL 33605• (813) 272-4004

Superintendent Van Ayres

OPERATIONS DIVISION

REQUEST FOR PROPOSALS (RFP)

FOR

0547FAC-RFP-MOC HVAC DIRECT DIGITAL CONTROLS SYSTEM

Hillsborough County Public Schools (“HCPS”) hereby issues this competitive solicitation (“Request for Proposals,” “RFP,” or “solicitation”), per Rule 6A-1.012, F.A.C., and per Rule 6A-2.0010, F.A.C, to announce that HCPS is accepting proposals from all qualified firms or individuals interested in providing the services as described in Section 6.4 Scope of Work.

HCPS is seeking Bids from experienced, qualified HVAC Direct Digital Control system contractors who are factory authorized service agents with the following control systems: Ibex, BACtalk, Metasys, KMDigital Controls, Delta Controls and Distech Controls.

Pre-Proposal Meeting (Voluntary Attendance): Wednesday, March 26, 2025, at 9:00 AM Join the meeting now Meeting ID: 293 086 941 16 Passcode: xT9Dz6Go

Last Day for Technical Questions: Wednesday, April 2, 2025, at 12:00 PM

Proposal Due Date: Friday, April 11, 2025, at 12:00 PM

Proposal Submittal. ELECTRONIC COPY SUBMITTAL. PROPOSER MUST SUBMIT THEIR PROPOSAL VIA UPLOAD at WWW.MYVENDORLINK.COM. HCPS no longer accepts paper submittals. The Proposer is solely responsible for the submittal of their Proposal through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Proposer must allow adequate time to upload their submittal on VendorLink. The Proposer is responsible to contact VendorLink technical support at support@eVendorLink.com if technical difficulties arise during submission of the Bid. HCPS shall not be responsible for delays caused in any occurrence and shall reject Proposals submitted via any other means. The Proposer must transmit their Proposal electronically via VendorLink at www.myVendorLink.com. Acceptable file formats for uploading are Microsoft Excel (XLS or XLSX), Adobe Portable Document Format (PDF), or ZIP file formats and printing must be enabled on all files submitted.

VendorLink (www.myvendorlink.com). HCPS will post all solicitations and supporting documents on VendorLink. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. Each proposer must have a current vendor application on file with VendorLink to conduct business, receive updates and addenda, and ask questions under any HCPS solicitation. HCPS may disqualify a Proposer for failure to comply with this condition.

VendorLink Technical Support. All proposers must allow adequate time to upload their submittal on VendorLink and are solely responsible to contact VendorLink technical support at support@eVendorLink.com if technical difficulties arise during the submission of the proposal.

Lobbying/Cone of Silence. Per policy 6320, Procurement: https://web.hillsboroughschools.org/policymanual/, prohibits any communication regarding an active solicitation between any HCPS employee or School Board member and any third party, representative, or lobbyist of that party, in effect from the time of the release of the solicitation until the contract is awarded by The School Board of Hillsborough County, Florida.

Notice. Failure to file a protest within the time prescribed in § 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be timely filed with the Operations Division, 1202 East Palm Avenue, Tampa, FL 33605.

March 12, 2025 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDA3NjQ0ZTQtNDQwNi00NWYxLWE5OTQtNjFmNGZmNGJlNjQ4%40thread.v2/0?context=%7b%22Tid%22%3a%2210a8fdf9-c2ff-4e0d-9c19-1fe2c188164a%22%2c%22Oid%22%3a%22d5a8fb6d-6ea4-4936-9642-16a4a852634e%22%7d%20 https://www.myvendorlink.com/ mailto:support@evendorlink.com mailto:support@eVendorLink.com

Hillsborough County Public Schools Page 2 of 65 Request for Proposal: 0547FAC-RFP-MOC HVAC DIRECT DIGITAL CONTROLS SYSTEM

1. RFP REQUIRED SUBMITTAL CHECKLIST

2. GENERAL TERMS AND CONDITIONS

2.1 BACKGROUND

2.2 LEGAL REQUIREMENTS

2.3 HCPS’ RIGHTS

2.4 CONTRACTOR’S OBLIGATIONS

2.5 HAZARDOUS MATERIALS

2.6 DATA

2.7 Equal Employment Opportunity: (Where Applicable)

2.8 Contract Work Hours and safety

standard Act (where applicable)

3. PROPOSER INSTRUCTIONS

3.1 VENDORLINK (WWW.MYVENDORLINK.COM/)

3.2 PRE-SOLICITATION CONFERENCE

3.3 PROPOSAL SUBMITTAL

3.4 EVALUATION PROCESS

3.5 NEGOTIATIONS (BEST AND FINAL OFFER (“BAFO”))

3.6 AWARD

3.7 CONTRACT

3.8 PURCHASE ORDER

4. REQUIRED FORMS

4.1 CONTACT INFORMATION & CERTIFICATION

4.2 E-VERIFY

4.3 BUSINESS REFERENCES

4.4 STATEMENT OF QUALIFICATIONS

4.5 NON-COLLUSION AFFIDAVIT

4.6 PAYMENT OPTIONS

4.7 DRUG-FREE WORKPLACE CERTIFICATION

4.8 SCRUTINIZED COMPANY CERTIFICATION

4.9 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION

4.10 TRUTH AND ACCURACY STATEMENT

4.11 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM

4.12 Vendor Affidaviat Regarding the Use of Coercion For Labor and Services Human Traficking: §787.06 (13), FLORIDA STATUTES

4.13 ADDENDA AND BID FORM

5. QUALIFICATIONS AND EXPERIENCE

5.1 QUALIFICATION SUMMARY

5.2 MINIMUM QUALIFICATIONS

6. SPECIFICATIONS

6.1 ESTIMATED BUDGET/CONTRACT AMOUNT

6.2 CONTRACT TERM/RENEWALS

6.3 AWARD

6.4 SCOPE OF WORK

7. CUSTOMER SUPPORT SERVICES

7.1 COMMUNICATIONS

7.2 SERVICE RESPONSE REQUIREMENTS

7.3 WORK ORDER (“WO”) SERVICE REQUIREMENTS

7.4 ONSITE SAFETY REQUIREMENTS

7.5 BILLING FOR GOODS AND SERVICES

8. COST/BEST VALUE

8.1 HCPS ORDERS

8.2 PRICE SHEET

9. SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM

9.1 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM

10. APPENDIX A: INSURANCE AND INDEMNIFICATION

10.1 INSURANCE REQUIREMENTS

10.2 INDEMNIFICATION

11. APPENDIX B: HCPS CONTRACTED SERVICES VERIFICATION FORM (CSVF)

Hillsborough County Public Schools Page 3 of 65

1. RFP REQUIRED SUBMITTAL CHECKLIST

To ensure that the Proposer/Bidder includes all the necessary submittals to complete a thorough Proposal evaluation, please use this checklist to make sure you have enclosed all required documents before uploading the Proposal. The following documents must be submitted as part of the Firm’s submission:

☐ Required Submittals Checklist Page 3: Signed and submitted with required forms attached.

☐ General Terms and Conditions Signature Page 16

☐ Required Forms: Pages 22-34 o Principal Place of Business o E-Verify o References o Statement of Qualifications o Non-Collusion Affidavit o Payment Options o Drug-free Workplace Certification o Scrutinized Company Certification o Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion o Truth and Accuracy Statement o Byrd Anti-Lobbying Amendment Certification o Vendor Affidavit Regarding the Use of Coercion for Labor and Services Human Trafficking o Addendums (if applicable)

☐ Qualification and Experience o Qualification Summary Page 35 o Florida Professional Registration Certificate-License o Business Licenses or Articles of Incorporation o VendorLink Registration o Sunbiz: If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org o Proof of Insurance o Show ability to provide Payment and Performance Bonds o Subcontractors Page 37-38

☐ Specification Signature Page 46

☐ Customer Support Services Page 47

☐ Cost/Best Value o Page 58 o Price Sheet as a separate excel document

☐ WMBE/SBE status or a copy of the intent to partner letter signed by both parties. Page 60

Company Name

Proposer, Print Name Title

Signature Date

Hillsborough County Public Schools Page 4 of 65

2. GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to this solicitation and each purchase made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Proposer”) submitting a response (“Proposal”), to have assented to these conditions by the act of responding to this solicitation and acceptance of a request for purchase via duly issued purchase order (PO). Before the solicitation due date.

During the active solicitation process, HCPS may incorporate additional conditions, without limitation, referenced as an addendum, attachment, appendix, or exhibit. Any conflict in terms between any additional conditions, and any HCPS-issued addenda will require the following descending order of precedence. addenda, answers to questions on www.myVendorLink.com, appendix, attachment, exhibition, and the solicitation. Unless specifically stated, the terms and conditions in this solicitation are nonnegotiable. HCPS may reject any Proposal that fails to accept the stated terms and conditions as "non-responsive."

2.1 BACKGROUND

Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes.

HCPS, which is coterminous with Hillsborough County, is the nation’s seventh-largest school system. HCPS presently has 235 PreK-12 schools, specialty centers, and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The Board consists of seven members elected by geographic area. Among other duties, the School Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019/20 fiscal year is approximately $3 billion. The Chief Executive Officer is the Superintendent of Schools, appointed by the Board, who is responsible for all financial transactions and records of HCPS.1

2.1.1 Vision. Preparing Students for Life.

2.1.2 Mission. To provide an education and the supports

that enable each student to excel as a successful and responsible citizen.

2.1.3 Definitions. Whenever the following terms are used, its intent and meaning shall be as follows:

• Addendum. All written or graphic instruments issued before the date for the opening of the proposal, which modifies or interprets the solicitation by additions, deletions, corrections, or clarifications.

1 Current information provided by the Communications and Media Officer on 01/07/2020.

• Contract. The term “agreement” or “contract” includes this competitive solicitation, all related addenda and answers to questions via www.myVendorLink.com, the Proposal, all mutually agreed amendments, and subsequent renewals covering the provision of goods and services herein.

• Competitive Solicitation, or RFP. The term “competitive solicitation” or “RFP” shall be defined for the purposes of this rule to include purchasing made through the issuance of this invitation to negotiate (competitive solicitation).

• Contractor. The term “Contractor” refers to any type of business entity awarded by The School Board of Hillsborough County, Florida, or approved by HCPS in accordance with a proposal submitted by that organization in reply to any HCPS competitive solicitation.

• Default. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform as agreed.

• Florida Statutes (F.S.). The Florida Statutes are Florida’s codified, statutory laws; it currently has 48 titles.

• Procurement Officer (Operations Facilitator). HCPS contracting personnel, as identified in the cover sheet of all competitive solicitations.

• Project Coordinator. An HCPS Project Coordinator (the “Coordinator”) will be assigned to oversee all assigned work for adherence to projected schedules and quality of work from the start date through project completion.

• Proposer. “Proposer” shall include those vendors submitting a proposal to this competitive solicitation.

• Renewal. A renewal allows for the continued contract with the same contractor for an additional contract period after the initial term of the contract, only if pursuant to contract terms specifically providing for such renewal.

• Request for Proposals (“RFP”). Per Purchasing Policies 6A-1.012(1)(e), F.A.C, and per Rule 6A-2.0010, F.A.C, shall be defined as a written solicitation for competitive sealed proposals. The RFP is used when it is not practicable for HCPS to specifically define the scope of work for which the goods, group of goods, and services is required and when the school board is requesting that a responsible vendor propose a good, group of goods, or service to meet the specifications of the solicitation document. A written solicitation includes a solicitation that is publicly posted.

http://www.myvendorlink.com/

Hillsborough County Public Schools Page 5 of 65

• Services/Work. References to “services” or “work” are used interchangeably to identify the HCPS-assigned task or project

• Small Business Enterprise (Woman/Minority/Service- Disabled Veteran-Owned Business) (SBE). An HCPS Office of Supplier Diversity certified small, woman, minority, disabled veteran-owned small business enterprise.

• Subcontractors. Proposer understands that, as a prime contractor, said the contractor is responsible for all actions taken by its subcontractors and shall bear all liability for the subcontractors’ actions under the Agreement. HCPS must pre-approve each subcontractor and must follow all of the Contractor’s requirements herein. All Contractor’s requirements and references to Contractor herein shall apply to all HCPS approved subcontractor(s). The subcontractor includes any organization whom the Contractor utilizes for the provision of goods and services subject to the Agreement. The Contractor must notify HCPS for prior approval as to the use of any subcontractor. The subcontractor must adhere to the Contractor’s obligations and the Contractor shall remain responsible for the subcontractor’s actions.

• Superintendent. The term “superintendent” shall mean the District “superintendent or designee.” For the purposes of this solicitation, the Operations Division Representative will serve as the designee.

• Vendor. The term “vendor” shall apply to any business entity or organization that sells goods and services to achieve certain commercial goals.

• VendorLink (www.myVendorLink.com). The electronic bidding system is used to solicit and receive competitive solicitation responses for HCPS. Contact the Vendor Registration Helpdesk via email at support@eVendorLink.com for additional registration questions.

2.2 LEGAL REQUIREMENTS

The Contractor must be knowledgeable of and in compliance with all applicable federal, state, county, and local laws, ordinances, rules, regulations, and Board Policy www.sdhc.k12.fl.us/policymanual/policy/7 that may affect the provision of goods and services covered herein. The Contractor’s lack of knowledge shall not be a cause for relief from responsibility.

2.2.1 Governing Law, Jurisdiction, and Venue. The

Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida other than its conflict of laws principles. The parties agree that if any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under this Agreement.

2.2.2 The Jessica Lunsford Act (JLA). Per §§1012.465 and

1012.467, F.S., the “Jessica Lunsford Act,” a Contractor who meets any of the three (3) criteria,

(i) be at school when students are present, (ii) have direct contact with students, or (iii) have access to or control of school funds must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department, or where designated by HCPS. Those Contractor’s employees are required to be in possession of the statewide JLA (blue) badge and the HCPS (yellow) badge to access HCPS sites. Site personnel will deny access to a Contractor who violates this requirement. The following exemptions may apply:

• A law enforcement officer, as defined in §943.10 (1), is assigned or dispatched to HCPS grounds by their employer.

• An employee or medical director of an ambulance provider, licensed pursuant to Chapter 401, who is providing services within the scope of part III of Chapter 401 on behalf of such an ambulance provider.

• Non-instructional contractors who remain at a site where students are not permitted if the site is separated from the remainder of the school grounds by a single chain-link fence of 6 feet in height.

• Non-instructional contractors who provide pick-up or delivery services and those services involving brief visits on school grounds when students are present.

2.2.3 Protest. Any protest concerning bid specifications, a

decision, or intended decision pursuant to this solicitation shall be made in accordance with §120.57(3), F.S., and Board Policy Chapter 6320 (Bid Protest). Questions to the Operations Division, Board member, or any HCPS employee shall not constitute formal notice of a protest. HCPS shall post the Board’s recommendations and tabulations for this solicitation on www.myVendorLink.com. It shall be the sole responsibility of each Proposer to review this solicitation on VendorLink. HCPS will not mail tabulations, recommendations, or notices.

A Proposer who wishes to file a bid protest must file such notice and follow procedures prescribed by §120.57(3), F.S., for resolution shall file a Notice of Intent to Protest, in writing, within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. For solicitations by the Operations Division, the notice must be filed with the Operations Division, 1202 E. Palm Ave., Tampa, Florida 33602.

mailto:support@evendorlink.com file://hcpssfs.mysdhc.net/9710/PURCHASE/ITB,RFP,RFQ,RFI/Contract%20Support%20Team%20CST/Templates/Competitive%20Solicitation%20Templates/ITB%20Invitation%20to%20Bid/www.myVendorLink.com

Hillsborough County Public Schools Page 6 of 65

Any person who files an action protesting a decision or intended decision pertaining to a solicitation pursuant to §120.57(3)(b), F.S., shall post, at the time of filing the formal written protest that states, with particularity, the facts and law upon which the protest is based. A bond is payable to the School Board in an amount of five (5%) percent of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the School Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the School Board all costs excluding attorney's fees.

Failure to file a protest within the time prescribed in §120.57(3) b, F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

2.2.4 Florida Department of State, Division of

Corporations Registration Requirements. Proposers that are required to be registered with the Florida Department of State, Division of Corporations, or who are incorporated within the State of Florida must furnish their Florida document number and written documentation of “active” status. All registered proposers must have an active status in order to be eligible to do business with HCPS.

Proposer doing business under a fictitious name must submit their proposal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit www.Sunbiz.org.

2.2.5 Severability. In case of any one or more of the

provisions contained in this solicitation shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability, unlawful, or void nature of that provision shall not affect any other provision and this Agreement shall be considered as if such invalid, unlawful, unenforceable, or void provision had never been included herein.

2.2.6 Fair Labor Standards Act (“Hot Goods”). The

proposer certifies that the production of the provided goods and services shall be compliant with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the US Department of Labor issued under section 14 thereof.

2.2.7 Student Confidentiality. Any records, materials, documents, or other objects containing confidential information, and copies thereof, obtained by the Contractor during the provision of goods and services for HCPS are confidential and shall not be used or disclosed in any manner by the Contractor, except as allowed by applicable law and regulations and the policies and practices of HCPS.

Notwithstanding the policies and practices of HCPS, in no event shall the Contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law if the Contractor must first furnish prompt notice thereof to HCPS to permit HCPS an opportunity to contest such disclosure. The Contractor agrees to not remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business for HCPS or except as authorized or directed by HCPS, any records, materials, documents, or objects containing or reflecting any confidential information. The Contractor recognizes that all such documents and objects, whether developed by the Contractor or someone else, are the exclusive property of HCPS.

Upon contract expiration, or at any other time upon request by HCPS, and the sole discretion of HCPS, the Contractor shall promptly deliver to HCPS all documents and records which are in the Contractor's possession or control and which are confidential information as defined in the Agreement. The Contractor’s failure to comply with the provisions of the Agreement pertaining to confidential information is a breach of the Agreement and may result in the termination of the contract and further legal action against the contractor. The provisions of the Agreement pertaining to confidential information shall survive termination of the contract between HCPS and the Contractor. The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees incurred by HCPS because due to the Contractor's breach of the confidentiality provisions of the Agreement. The contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain a further breach of the Agreement or to prevent unauthorized uses or disclosures of confidential information by the Contractor.

2.2.8 Tax Exemption. HCPS is exempt from federal and

state taxes for tangible personal property. HCPS’ State Sales Tax Exemption Number is 85- 8012621971C-8 and the Federal Excise Tax Exemption Number is 59 72-0088 K. The Sales Tax Exemption Form is available for download at https://www.sdhc.k12.fl.us/doc/163. Note, the contractor cannot claim exemption from taxes for materials to fulfill its contractual obligations to HCPS. HCPS shall not authorize the use of HCPS’ tax exemption number to purchase such materials.

file://hcpssfs.mysdhc.net/9710/PURCHASE/ITB,RFP,RFQ,RFI/Contract%20Support%20Team%20CST/Templates/Competitive%20Solicitation%20Templates/RFP%20Request%20for%20Proposals/www.Sunbiz.org https://www.sdhc.k12.fl.us/doc/163

Hillsborough County Public Schools Page 7 of 65

2.2.9 Public Records Laws. The Contractor acknowledges

that the Agreement and all documents submitted to The School Board of Hillsborough County, Florida related to the Agreement are a matter of public record and are subject to the State of Florida Public Records Law Chapter 119, F.S., Art. I s. 24, of the State Constitution, and any other comparable federal laws. The Contractor further acknowledges that HCPS may post the Agreement on The Board’s website. The Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If the Contractor is acting on behalf of HCPS pursuant to §119.0701, F.S., the Contractor shall:

• keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and

• provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in Chapter 119 F.S. or as otherwise provided by law, and

• ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and

• meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in possession of the contractor upon the termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and

• can provide all electronically stored records in a format that is compatible with the HCPS information technology systems

IF THE CONTRACTOR HAS QUESTIONS REGARDING

THE APPLICATION OF CHAPTER 119, F.S., TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS AGREEMENT,

CONTACT THE HCPS OFFICE OF

COMMUNICATIONS AT PHONE: (813) 272-4060,

EMAIL: PRR@SDHC.K12.FL.US, 901 E. KENNEDY

BOULEVARD, TAMPA, FLORIDA 33602.

2.2.10 Discrimination. The Contractor shall comply with all

applicable laws, ordinances, codes, and statutes of all local, state or national governing bodies included within this section. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part.

2.2.10.1 Statement of Assurance. The Contractor must

comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Also, all the funds, services, materials, property, etc. inclusive in the contract shall not be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office.

2.2.10.2 Americans with Disabilities Act. Any Proposer

submitting a Proposal to HCPS for the provision of goods and services may not exclude any person(s) from participating in;

deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. All contractors and subcontractors providing goods and services must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336.

2.2.11 Vendor Sanctions. The Proposer certifies that it

complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCPS may, by written notice to the Contractor, immediately terminate the Agreement if HCPS determines that the Contractor has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body.

2.2.11.1 Public Entity Crimes (§287.133(2)(A). "A person or

affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods and services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity over the threshold amount provided in Florida Statute 287.01 7 for category two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor(s) list."

2.2.11.2 Convicted and Discriminatory Vendor Lists

(§§287.133(2)(a) and 287.134, F.S., and Rule 60A1.006 (1), F.A.C.). A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a Bid on a contract to provide goods and services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of

Hillsborough County Public Schools Page 8 of 65 a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity over the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

www.dms.myflorida.com/business_operations/state_purcha sing/state_agency_resources/vendor_registration_and_vend or_lists/convicted_vendor_list.

2.2.11.3 Bankruptcy. At the time of Proposal submission, the

Proposer shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings.

If Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCPS may, at its option, terminate the contract.

2.2.11.4 Employment of Unauthorized Aliens. The

employment of unauthorized aliens by the Contractor is considered a violation of §274A (e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract.

2.2.11.5 Scrutinized Companies Lists/Business Operations in

Cuba or Syria. Per the provisions of §287.135, F.S., a company that, at the time of bidding or submitting a Proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to §215.473, F.S., or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for goods and services exceeding one-million dollars. The Proposer certifies by submission and signature of this Proposal that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List or has been engaged in business operations in Cuba or Syria. Any contract for goods and services of $1,000,000 or more may be terminated at the option of the awarding body if the company is found to have submitted a false certification or been placed on either of these lists or been engaged in business operations in Cuba or Syria.

2.3 HCPS’ RIGHTS

This solicitation will comply with all applicable HCPS policies, federal, state, and local laws. HCPS reserves the right to qualify Proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS is therefore not bound to accept a Proposal solely based on the lowest price. In addition, HCPS at its sole discretion, reserves the right to cancel, recall, or reissue all, or parts of the solicitation, to reject any Proposal, to waive any formality and irregularity, or to re-advertise the identical or revised specifications. HCPS may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. Furthermore, HCPS reserves, but is not limited to, the following rights:

• A Proposer’s past performance may be used in the evaluation of this solicitation.

• Reject any or all the Proposals; and

• issue a subsequent solicitation for the same statement of work; and

• cancel the entire solicitation; and

• remedy solicitation errors; and

• reduce the scope of work (if deemed in HCPS’ best interest and at HCPS sole discretion); and

• appoint evaluation committees to review Proposals; and

• seek the assistance of technical experts to review

Proposals; and

• approve or disapprove the use of subcontractors and suppliers; and

• award a contract to one or more (or none) of the

Proposers; and

• accept other than the lowest-priced proposal; and

• waive informalities and irregularities in Proposals; and

• award a contract without discussions or negotiations; and

• disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer; and

• this RFP does not commit HCPS to enter a contract nor obligate HCPS to pay for any costs incurred in the preparation and submission of Proposals or anticipation of a contract.

2.3.1.1 Submittal Confidentiality. Pursuant to §119.071(1)

(b) 2, F.S., proposals received by HCPS pursuant to a competitive solicitation are exempt from §§119.07 (1) and 24 (a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until thirty (30) days after receipt of the proposals, whichever is earlier. All proposal evaluation meetings and discussions with the Proposer shall be subject to §286.0113, F.S.

2.3.1.2 Submittal Rejection. HCPS, at its discretion, may

reject any, or part(s) of any proposal; advertise, postpone, or cancel, at any time, the competitive solicitation process, or waive any irregularities in the solicitation in the proposal received. HCPS also reserves the right to request clarification of information from any Proposer.

2.3.1.3 Alternative Purchasing Options (Non-Exclusivity).

This solicitation does not establish an exclusive arrangement between HCPS and the Contractor. Additionally, HCPS reserves the following additional unrestrictive rights:

• Use additional vendors to provide the goods and services, or deliver the same or related products, as described herein when it is to the economic benefit of HCPS; and

• Propose any work, products, or services as described herein when it is to the economic benefit of HCPS; and file:///%5C%5Chcpssfs.mysdhc.net%5C9710%5CPURCHASE%5CITB,RFP,RFQ,RFI%5CContract%20Support%20Team%20CST%5CTemplates%5CCompetitive%20Solicitation%20Templates%5CRFP%20Request%20for%20Proposals%5Cwww.dms.myflorida.com%5Cbusiness_operations%5Cstate_purchasing%5Cstate_agency_resources%5Cvendor_registration_and_vendor_lists%5Cconvicted_vendor_list file:///%5C%5Chcpssfs.mysdhc.net%5C9710%5CPURCHASE%5CITB,RFP,RFQ,RFI%5CContract%20Support%20Team%20CST%5CTemplates%5CCompetitive%20Solicitation%20Templates%5CRFP%20Request%20for%20Proposals%5Cwww.dms.myflorida.com%5Cbusiness_operations%5Cstate_purchasing%5Cstate_agency_resources%5Cvendor_registration_and_vendor_lists%5Cconvicted_vendor_list file:///%5C%5Chcpssfs.mysdhc.net%5C9710%5CPURCHASE%5CITB,RFP,RFQ,RFI%5CContract%20Support%20Team%20CST%5CTemplates%5CCompetitive%20Solicitation%20Templates%5CRFP%20Request%20for%20Proposals%5Cwww.dms.myflorida.com%5Cbusiness_operations%5Cstate_purchasing%5Cstate_agency_resources%5Cvendor_registration_and_vendor_lists%5Cconvicted_vendor_list

Hillsborough County Public Schools Page 9 of 65

• May purchase items on this solicitation from any State of Florida public entity, the General Services Administration (GSA), Bay Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts;

and

• Generate emergency purchases from the next highest-ranked Proposer(s); and

• Generate additional purchases due to the Contractor’s inability to provide the goods and services under the requested timeframe.

2.3.1.4 Purchases by Other Public Agencies. In accordance

with the State of Florida Department of Education (FLDOE) Purchasing Rule 6A-1.012 (6), F.A.C, in lieu of requesting competitive solicitations from three (3) or more sources, district school boards may make purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid contracts, when the Proposer awarded a contract by another entity defined herein will permit purchases by a district school board at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the district school board.

2.3.1.5 Purchases from Other Public Agencies (within

Hillsborough County). By-Laws of Florida, Chapters 69-1112 and 69-1119, any public agency or authority existing within Hillsborough County that may desire to purchase goods and services under a contract, entered into pursuant to law by any other political subdivision, such authority existing within Hillsborough County may purchase the goods and services at the contract price. Submission of a Proposal in response to this solicitation also constitutes a Bid under the same contract conditions and at the same contract price, during the effective period of the contract, to all the other public entities there listed (Governmental Purchasing Council of Hillsborough County). Each member of the Governmental Purchasing Council of Hillsborough County will issue their purchase orders, issue payments, and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies:

• Children’s Board of Hillsborough County

• City of Plant City

• City of Tampa

• City of Tampa Housing Authority

• City of Temple Terrace

• Hillsborough Area Regional Transit

• Hillsborough Community College

• Hillsborough County Aviation Authority

• Hillsborough County Board of County Commissioners

• Hillsborough County Clerk of Courts

• Hillsborough County Property Appraiser

• Hillsborough County Sheriff

• Hillsborough County Supervisor of Elections

• Hillsborough County Tax Collector

• Office of the State Attorney, Hillsborough County, FL

• Tampa Hillsborough Expressway Authority

• Tampa Palms Community Development

• Tampa Sports Authority

2.3.2 Contract Termination & Default. In accordance with

Board Policy Chapter 6320 - Procurement Procedures, Suspension or Debarment, contractors may be debarred for a defined period from bidding on or performing as a subcontractor on any HCPS contract. The suspended or debarred contractor may request removal from suspended or debarred status after the expiration of the suspension or debarment period. Contractors may be suspended or debarred for the following:

• default on awarded contract; or

• violation of contract terms and conditions without cure or remedy; or

• default of any payment or other monies due to HCPS; or

• conviction of fraud or criminal acts while performing as a contractor on any contracts, even those not associated or written by HCPS; or

• consistent past performance record of habitual or continuous unsatisfactory performance, safety violations, failure to adhere to the Jessica Lunsford Act, as defined in the contract, repeated violations of any contract provisions, or delinquent performance by the Contractor;

or

• possession of firearms on HCPS property; or

• violation of Federal or State law and any applicable HCPS policy regarding Drug-Free Workplace (will be subject to the immediate termination of any contract)

2.3.2.1 Termination for Convenience. HCPS shall have the

right to terminate the Agreement, with or without cause, upon written notice of such termination provided not less than 30 days before the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. If HCPS elects to terminate the Agreement without cause, HCPS shall compensate the Contractor for all satisfactory goods and services provided before the date of termination. If a notice of termination is given, the Contractor agrees to abide and perform all covenants and provisions of the Agreement until the date of the termination specified in the written notice of termination. The Contractor shall have no further rights, and HCPS shall have no further obligation to the Contractor, after the date of termination of the Agreement as specified in the written notice. HCPS may discontinue the provision of goods and services to any HCPS site as it deems necessary, that portion of the contract shall be void for the said site.

2.3.2.2 Non-Appropriation of Funds (Funding Out). It is

understood and agreed between the parties hereto that

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HCPS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS.

2.3.2.3 Termination for Cause. HCPS will periodically

inspect goods and services to ensure that the Contractor meets all requirements. HCPS reserves the right to terminate the Agreement for cause, which shall include without limitation the Contractor’s failure to comply with any provision of the Agreement. Before the district terminates a contract, the Operations Division or designee may initiate an internal review of the situation; HCPS may invite the Contractor to participate. If HCPS determines that grounds exist to declare the Contractor in default, the Superintendent or designee shall provide the Contractor written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. Inaction by HCPS to exercise its rights is not a waiver of such rights. HCPS may notify the Contractor as follows:

• Initial Cure Notice. An initial notification will require the correction of any discrepancies, inconsistencies, or items not meeting the specifications contained herein at no additional cost to HCPS. Within ten (10) days upon receipt of the notice, or as mutually agreed, the Contractor must provide a written response describing the Contractor’s steps to correct the noted deficiencies.

• Second Notice. A second discrepancy notification shall serve, upon receipt, as notification of immediate termination due to the discrepancies, inconsistencies, or goods and services not meeting specifications contained herein and the Contractor shall cease with the provision of goods and services. In such an event, HCPS shall pay the Contractor only for satisfactory goods and services.

The Contractor and its sureties may be liable to HCPS for any additional HCPS-incurred costs to complete the job and repair of damages to the site and shall be deemed a breach of contract, subject to termination, and shall be a factor during the evaluation of future HCPS solicitations.

• If Performance Security Was Required. HCPS may elect to execute the performance security as liquidated damages.

• If Performance Security Was Not Required. The Contractor shall pay HCPS, as liquidated damages, an amount equal to five (5%) percent of the total estimated value of the item(s) in question. If the proposed pricing is a lump sum amount, then the amount due is five (5%) percent of the remaining value of the contract. The Contractor’s failure to pay the liquidated damages within fifteen (15) days after notification that liquidated damages are due, shall lose eligibility to transact business with HCPS for a period of not less than one (1) year, but no more than two (2) years after the date of the default, as determined by the Operations Division. Thereafter, the Contractor may request reinstatement to the active bidder’s list. Upon contract cancellation, HCPS reserves the right to award the contract to the lowest responsive, responsible Bidder (ITB only) or the responsible Proposer(s) offering the next highest rated Proposal for the unexpired term of the Agreement or publish a new competitive solicitation, as deemed to be in HCPS’ best interest.

2.3.2.4 Force Majeure. No default, delay, or failure to

perform on the part of either party will be considered a default, delay, or failure to perform otherwise chargeable, hereunder, if such default, delay, or failure to perform is due to causes beyond either party’s reasonable control including, but not limited to, strikes, lockouts, or inactions of governmental authorities; pandemics; epidemics; acts of terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay, or failure to perform, any date or times by which either party is otherwise scheduled to perform will be extended automatically for a period equal in duration to the time lost because of the excused default, delay, or failure to perform.

2.4 CONTRACTOR’S OBLIGATIONS

The Contractor shall keep HCPS fully informed as to the progress of the provision of goods and services. The Contractor may do so not only through regularly issued progress reports, cost reports, and minutes but also by close liaisons between such designated HCPS personnel. The Contractor shall submit to HCPS minutes of any meetings attended by the Contractor and HCPS relating to the goods and services within (10) business days following such meetings.

2.4.1 Non-Collusion. The Proposer shall certify by

completing and executing a Non-Collusion Affidavit, attached hereto as Non-Collusion Affidavit in Section 3. Required Forms, that they are not related to any of the parties bidding in the competitive solicitation, and that the Proposal is genuine and not a sham or is collusive or made in the interest of or on behalf of any person not named in the Non- Collusion Affidavit. The Proposer must also certify that they have not directly or indirectly induced or solicited any other Proposer to put in a sham Proposal, or any other person, firm, or corporation to refrain from proposing. The Proposer shall further certify that they have not in any manner sought by collusion to secure to the Proposer an advantage over any other Proposer.

2.4.2 HCPS Procurement Policy (6320). HCPS

Procurement Policy (www.sdhc.k12.fl.us/policymanual/) is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. HCPS Procurement Policy binds the Contractor, by participation in this solicitation, in file://hcpssfs.mysdhc.net/9710/PURCHASE/ITB,RFP,RFQ,RFI/Contract%20Support%20Team%20CST/Templates/Competitive%20Solicitation%20Templates/RFP%20Request%20for%20Proposals/www.sdhc.k12.fl.us/policymanual/

Hillsborough County Public Schools Page 11 of 65 any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

2.4.3 HCPS Contruction Policy (6331). HCPS

Contruction Policy (http://www.sdhc.k12.fl.us/policymanual/) is also incorporated into this solicitation (and, therefore, any contract awarded as the result) by reference. HCPS Contruction Policy binds the Contractor, by participation in this solicitation, in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

2.4.4 Subcontractors. The Contractor is responsible for

the performance and meet all specifications and the performance of any subcontractor used in conjunction with an award hereunder. The Proposer must disclose the name(s) of any sub-contractor(s) used to satisfy performance herein and ensure that the subcontractor(s) are qualified, insured, and that subcontractor’s employees meet all requirements set forth herein.

2.4.5 Assignment. The Contractor, whether under a

separate contract or not, shall not assign any part or whole of the Agreement to another party, subcontractor, or company nor shall they assign any money due or to become due to him hereunder, without the previous written consent of HCPS. HCPS may transfer the Agreement to any successor performing the same functions. The parties acknowledge that HCPS may transfer any or all its interest in the Agreement to any successor of HCPS.

2.4.6 Licenses & Taxes. The Contractor shall remain

compliant with all federal, state, and local regulations as to licenses, permits, and tax obligations required for the operation of the Contractor’s business activities.

2.4.7 Bid Cost. All expenses involved with the preparation

and submission of the Proposal to HCPS, or any services performed in connection therewith, shall be borne by the Proposer. HCPS shall not provide payment for any submittals received, or for any other effort required of or made, or expenses incurred by the Proposer.

2.4.8 Accounting &…