10-ITQ-26-00335 Credit Investigation and Reporting Services .pdf

Invitation to Quote Credit Investigations and Reporting Services

ITQ-26-00335

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Invitation to Quote

SOLICITATION NUMBER: ITQ-26-00335

SOLICITATION TITLE: Credit Investigation and Reporting Services

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive quotes from experienced and qualified Contractors to provide ongoing and as-needed credit investigation and reporting services for utility customers for a two (2)-year period.

DUE DATE & TIME: July 24 2026, 2:00 P.M. Eastern Time (as recorded by the County’s Electronic Bidding System)

ISSUING DEPARTMENT DIRECTOR:

The Director of Procurement is considered the issuing department director for the purpose of Section 2-567(c) of the Hillsborough County Procurement Protest Policy and Procedures Ordinance.

BID SUBMISSION: The County will only accept bids submitted through its electronic bidding system (Euna Procurement). Bids that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the Invitation to Quote bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to

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Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

● Questions regarding the specifications or solicitation document must be directed to the primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

● To be given consideration, such requests must be received no later than three (3) business days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

● Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

CONE OF SILENCE: Cone of Silence does not apply to Invitation to Quote procurements that are below the County’s current formal bid limit of $50,000.

INSURANCE: Insurance coverage is required for this procurement. Please see ITQ-26-00335 Insurance Requirements Attachment and Special Terms and Conditions.

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

DIGITAL ACCESSIBILITY COMPLIANCE:

Any and all information and communications technology developed, provided, procured, maintained, or otherwise made available under this Contract and intended for public access or use, shall comply with various accessibility standards. Please see General Terms and Conditions for complete details and requirements.

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Board of County Commissioners (County) is seeking competitive quotes from experienced and qualified Contractors to provide ongoing and as-needed credit investigation and reporting services for utility customers for the Water Resources Department for a two (2)-year period.

1.1.2 These assessments will assist the WRD in determining appropriate deposit requirements for new customers applying for utility services. The WRD serves approximately 235,000 customers and processes approximately 11,800 applications for services annually from individuals.

1.2. Objectives

1.2.1 WRD is looking for an off-the-shelf, customizable end user interface, directly accessed through the web, similar to a dashboard, with specific responses to protect the customer’s data and minimize information transferred in/out, per WRD constraints .

1.2.2 The objective of WRD is to obtain the best price on a product that is already available and compliant with laws/regulations, customizable to WRD constraints for input and responses, to use on an ongoing and as-needed basis.

1.3. Applicable Publications and Terminology

The following publication(s) of the issue in effect on date of this solicitation, forms a part of this specification:

1.3.1 Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x.

https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

1.3.2 United States Federal Trade Commission’s Red Flags Rules https://www.ftc.gov/business-guidance/privacy-security/red-flags-rule

The following terminology forms a part of this specification:

1.3.3 “Applicant” shall mean an individual who has applied for utility services from the WRD.

1.3.4 “Credit Rating” shall mean the creditworthiness of an Applicant as determined by the Contractor’s credit risk assessment range as defined in the System.

1.3.5 “Customer Service Representative (CSR)” shall mean a WRD employee authorized to initiate inquiries of the System.

https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act https://www.ftc.gov/business-guidance/privacy-security/red-flags-rule

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1.3.6 “Identity Status” shall mean the response assigned by the System to each inquiry.

1.3.7 “Inquiry” shall mean an electronic request to confirm an Applicant's identity status and credit rating.

1.3.8 “Personal Identification Number (PIN)” shall mean a personal identification number assigned by the Contractor that allows access to the Contractor’s System by the CSR to whom that number is assigned.

1.3.9 “Secure Connection” or “Secure Internet Connection” shall mean a connection that uses encryption protocols for data transfer protections, and is compliant with all applicable laws and regulations at the time of service.

1.3.10 “System” shall mean the automated Web-based program operated by the Contractor to provide direct responses to WRD inquiries via the Internet.

The following acronyms forms a part of this specification:

CSR Customer Service Representative FCRA Fair Credit Reporting Act FTC United States Federal Trade Commission PDF Portable Document Format PIN Personal Identification Number SSA United States Social Security Administration Office

1.4. Minimum Requirements

1.4.1 The Contractor shall obtain and maintain, throughout the term of the resulting Contract, all applicable business licenses and permits, at its own expense, necessary to perform the Work.

1.4.2 The Contractor shall attend a post award meeting, as determined by the WRD.

1.4.3 The Contractor shall provide details of its credit scoring model, within seven (7) days of timeframe agreed upon at the post award meeting, to the Project Manager, to aid in determination of the credit rating ranges for established thresholds.

The County’s Project Manager will determine the credit rating ranges that shall apply to each threshold based upon the Contractor’s credit scoring model.

1.4.4 The Contractor shall provide all the necessary resources to perform the Work in an expeditious and workmanlike manner, to include but not limited to, System, equipment and labor.

1.4.5 The Contractor shall provide System Training. System training includes a web-based tutorial, supplemented by teleconferencing, during the Contract period that includes specific instructions on how to access and download information from the System, delivered to key users determined by the Project Manager.

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1.4.6 The Contractor shall provide Credit Risk Analysis. Credit Risk Analysis includes performing credit checks and risk assessments using major credit reporting sources and industry-standard methodologies.

1.4.7 The Contractor shall provide Deposit Recommendations. Deposit Recommendations includes providing the recommendation prompt, based on the Applicant’s credit risk profile/threshold.

1.4.8 Contractor’s System

1.4.8.1 The Contractor shall implement all components of their System, including and without limitation, Web pages, secured integration protocol, administrator rights, passwords, and PINs that are necessary to provide the services as per this Specification.

1.4.8.2 The Contractor shall grant full access to the System no later than twenty-one (21) days after receipt of the Project Manager’s established credit rating ranges.

1.4.8.3 The Contractor shall provide a secure internet connection for WRD use.

1.4.8.4 System Access

1.4.8.4.1 The Contractor’s System shall utilize current industry standards to ensure secure access by, and communications with, CSRs and the Project Manager.

1.4.8.4.2 The Contractor shall provide at minimum:

1.4.8.4.2.1 PINs for up to 100 CSRs

1.4.8.4.2.2 A universal password for use by all WRD personnel.

1.4.8.4.2.3 A separate administrator rights and password for the Project Manager and delegate that allows creation and/or cancellation of a PIN at any time.

1.4.8.5 System Hours: Access to the System shall be available 24 hours per day, seven (7) days per week.

1.4.8.6 The System shall prompt the following information to complete an inquiry:

1.4.8.6.1 WRD password and individual PIN;

1.4.8.6.2 Applicant’s name;

1.4.8.6.3 Applicant’s social security number;

1.4.8.6.4 Applicant’s date of birth.

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1.4.8.7 Applicant Identification and Fraud Protection

1.4.8.7.1 At a minimum, the System shall provide one (1) of the following responses when an inquiry has been completed:

1.4.8.7.1.1 Social Security number is valid.

1.4.8.7.1.2 Social security number has never been issued by the SSA – verification suggested.

1.4.8.7.1.3 Social security number has been reported misused – verification suggested.

1.4.8.7.1.4 Social security number has been reported as issued to a person who is now deceased – verification suggested.

1.4.8.7.1.5 Social security number has been issued within the last five (5) years and could belong to a minor – verification suggested

1.4.8.7.2 The Contractor can suggest similar prompts that comply with the purpose of establishing applicant identification and fraud protection and conform to current applicable laws.

1.4.8.8 Applicant Credit Rating – Each Applicant’s credit rating shall be the basis for initially requiring or waiving a deposit when the Applicant applies for utilities services.

1.4.8.8.1 The System response shall be the credit risk assessment range as defined in the System section, shall conform to FCRA and all applicable laws. The expected response should be clear and concise with the recommended action.

1.4.8.8.2 The System shall return one of the two following responses to each completed inquiry:

1.4.8.8.2.1 Credit accepted – waive deposit

1.4.8.8.2.2 Credit denied – require deposit

1.4.8.8.3 Contractor can suggest alternative wording of the response; however, under no circumstances the response shall be a number or a direct/indirect reference to the credit score of the applicant.

1.4.8.9 System Response Time – An Identity Status and Credit Rating shall be returned by the System within thirty (30) seconds of completed inquiry.

1.4.8.10 Conformity with FCRA – Credit ratings issued by the System shall conform to the FCRA. The Contractor is solely responsible for credit ratings and shall provide a toll-free

ITQ-26-00335 Page 7 telephone number which an Applicant can use to learn the basis for their identity status and credit rating.

1.4.8.11 Conformity with Red Flags Rule – The Contractor is required to have policies and procedures developed for detecting, preventing, and mitigating identity theft as prescribed by, and in accordance with, The United States Federal Trade Commission’s Red Flags Rule.

1.4.8.12 Security of Data – The Contractor is responsible for maintaining the security of all Applicant data in the System, ensuring compliance with privacy and security standards.

1.4.9 Transaction Reporting

The following System reports shall be available for downloading by WRD staff, at any time.

Reports shall be available as PDF files and shall be customizable to ensure only the necessary information is communicated to the County.

1.4.9.1 Inquiry Reports: Clear and concise reports with unique tracking numbers, to include, but not be limited to:

1.4.9.1.1 Applicant data as entered by the CSR.

1.4.9.1.2 Customer identification details

1.4.9.1.3 Risk rating

1.4.9.1.4 Recommended responses returned by the System.

1.4.9.1.5 Supporting Rationale, as applicable

1.4.9.1.6 Turnaround Time: Complete assessments within 30 seconds of Inquiry.

1.4.9.2 Daily, weekly, and monthly Summary Reports.

1.4.9.3 Daily, weekly, and monthly Detailed Reports.

1.4.9.4 PIN Status Reports detailing all current and cancelled PINs.

1.4.10 Technical Support

1.4.10.1 The Contractor shall provide all technical support for the System.

1.4.10.2 The Contractor shall provide the Project Manager, upon award of a Contract, with a toll-free phone number for access to technical support. Said phone number be available 24 hours per day, seven (7) days per week.

1.4.11 County Responsibilities

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1.4.11.1 The County will furnish all hardware and software necessary to obtain local access to the System via the Internet using the passwords and PINs provided by the Contractor.

1.4.11.2 The WRD’s Business Finance Credit Manager or another authorized designee will be the County’s Project Manager for this Contract.

1.4.11.3 The Project Manager or designee will be responsible for the following:

1.4.11.3.1 Make and maintain all PIN assignments to WRD personnel.

1.4.11.3.2 Cancel any PIN assignments as needed, with notice to the Contractor directly or via the System administrator rights granted by the Contractor.

1.4.11.4 The County will request and use the services, as defined in this specification, strictly in accordance with the Fair Credit Reporting Act, 15 U.S.C. 1681 et.seq., as amended (the “FCRA”). Without limiting the foregoing, the County certifies that County will request and use the services solely in connection with (i) a single credit transaction with a consumer, or if applicable, for another “permissible purpose” as defined by the FCRA; and (ii) transaction with a consumer as to whom such information is sought and will not request or use such services for purposes prohibited by law. The County further certifies that it will comply with all FCRA requirements, as applicable.

1.4.12 The Contractor shall implement and maintain a comprehensive cybersecurity program as per Attachment A – Cybersecurity Requirements.

1.5. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than 30 Days after Contractor's receipt of a Purchase Order from the County. The Contractor shall be solely responsible for all freight charges. Offers that propose delivery timelines that do not fall within the aforementioned delivery time frame will be subject to rejection.

2. SPECIAL TERMS AND CONDITIONS

2.1. Basis for Award (County’s Best Interest)

Award will be made to the lowest, responsive and responsible Bidder meeting Specifications. If this Solicitation Document contains more than one line item, the County reserves the right to award by line item, by group/section, or by overall total net Bid price, whichever is determined to be in the County’s best interest.

2.2. Insurance, Contractor

See ITQ-26-00335 Insurance Requirements Attachment

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2.2.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.2.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.2.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.2.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.2.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.3. Information Technology

2.3.1 Software Licensing Provisions

Unless otherwise proposed, the Standard Software Licensing Provisions below shall apply.

Bidders may include their firms' licensing provisions as an alternative to the Standard Software Licensing Provisions. Bidders are cautioned not to incorporate any terms or conditions into their software license provisions other than those that are customary and/or usual or which result in a modification to their Bid. Such inclusions may result in the rejection of their Bid in its entirety.

2.3.2 Negotiations of Software License Provisions:

2.3.2.1 If necessary, the County will enter into negotiations of the software license provisions with the apparent successful Bidder in order to agree to mutually acceptable provisions.

These negotiations shall be limited to a reasonable time period. If in the County’s sole determination the negotiations exceed a reasonable time period, the County shall terminate the negotiations with the apparent successful Bidder and enter into negotiations with the next lowest bidder.

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2.3.2.2 Successive apparent lowest bidder: Upon failure to negotiate mutually acceptable software license provisions, and termination of negotiations with the apparent successful bidder, the next lowest bidder will become the new apparent successful bidder and the County will enter into negotiations of the software license provisions with this vendor as described in the previous paragraph. This process shall be repeated if necessary to obtain mutually acceptable software license provisions.

2.3.3 Standard Software Licensing Provisions

2.3.3.1 Licensed System, Services: The Contractor/Licensor (Licensor) grants and County accepts upon the terms and conditions contained herein, nontransferable license to use of "Licensed System" as herein defined and described. This Licensed System shall be used solely for the County's own purposes. The Licensed System shall include in its meaning, any improvements, additions, or modifications of the version or versions of the Licensed System which Licensor has licensed the County to use, and materials, documentation and technical information provided to County in written form and identified in the ITB, for use in connection with the Licensed System. The Licensor further agrees to perform certain services relating to the Licensed System as set forth herein.

2.3.3.2 Payment for Software: The County shall pay the Contractor/Licensor the license fee in full within forty-five (45) days upon delivery of the software and receipt of a proper invoice as defined in the Hillsborough County Prompt Payment Procedures, which are on file at the Board of County Commissioners Accounting Department, County Center, 601 E. Kennedy Blvd., 12th Floor, Tampa, Florida 33602.

2.3.3.3 Copies: The County shall have the right to reproduce for internal use all of the Licensed System and Documentation described in the ITB for its internal users, subject to the requirements on use, disclosure, and proprietary notice set forth herein.

2.3.3.4 Proprietary Information: To the extent authorized by Florida law, the parties agree to take reasonable steps to preserve the confidential and proprietary nature of information provided by the other party. The County shall include and shall not alter, remove, or cancel, any copyright, trade secret or other proprietary notices on the Licensed System.

2.3.4 Warranties

2.3.4.1 Licensed System; Services: Licensor warrants that, on the Acceptance Date, the Licensed System furnished hereunder shall be free from significant programming errors and from defects in workmanship and materials, and shall operate and conform to the performance capabilities, specifications, functions and other descriptions and standards applicable thereto as set forth in the ITB; that, in general, the Licensor shall perform the services in a timely and professional manner utilizing qualified professional personnel; and that the Licensed System and service shall conform to the standards generally observed in the industry for similar Licensed Systems and services. If the Licensor allows the County to modify the source code, the County will adhere to the Licensor prescribed procedures for such

ITQ-26-00335 Page 11 modifications. The warranty shall not be invalidated if the County modifies the code in accordance with Licensor prescribed procedures.

2.3.4.2 Ownership; Authority: Licensor warrants that it has full power and authority to grant the rights granted by these License Provisions to County with respect to Licensed System without the consent of any other person or entity. Licensor also warrants that neither the performance of the services by Licensor nor the license to and use by County of the Licensed System and documentation, including the copying of the Licensed System and documentation, will in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party.

2.3.4.3 Compliance with Applicable Laws: Licensor warrants that Licensed System, its license to and use by County, and the performance by Licensor of the services, shall be in compliance with all applicable laws, rules and regulations.

2.3.4.4 Licensor's Fulfillment Of Warranty Obligations: If, at any time during the twelve (12) month period immediately following the Acceptance Date, Licensor or County, or both, discover any defects, errors or non-conformities in the Licensed System or any other respect in which the Licensed System fails to conform to the provisions of any warranty contained in these License Provisions, Licensor shall, at no cost to the County, promptly correct such defects, error(s) or non-conformities by, among other things, supplying the County with such corrective codes and making such additions, modifications, or adjustments to the package as may be necessary to keep the Licensed system in operating order in conformity with the warranties herein.

2.3.4.5 Limited Warranty: Licensor's warranties are limited to those set forth in this agreement and do not include any other express or implied warranties, including implied warranty of merchantability and fitness for a particular purpose.

2.3.4.6 Limitation of Liability: In no event shall Licensor be liable for any indirect, exemplary, incidental, or consequential damages arising out of or otherwise relating to the use or performance of the System or any components thereof, however caused, even if Licensor has been advised of the possibility or likelihood of such damages.

2.3.5 Improvements; Modifications

2.3.5.1 Improvements, which shall mean any additions or modifications made by the Licensor to or in the Licensed System at any time after acceptance testing in the Licensed System, that improve the efficiency and effectiveness of the basic program function(s) described in the ITB and which do not change such function(s) or create one or more new ones, shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

2.3.5.2 Program Changes. If, at any time after the Acceptance Date, Licensor shall develop any changes in the Licensed System which affect the basic program, function(s) of the

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Licensed System, or adds one or more new ones, these shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

2.3.6 Indemnification

2.3.6.1 Licensor agrees to defend, indemnify, and shall hold harmless County, its employees and agents from and against any claim, suit, demand, or action alleging that the System or any component thereof infringes a U.S. patent or copyright, or any Trade Secret, or any other intangible property rights of any third party.

2.3.6.2 If a third-party claim seriously endangers or disrupts County's quiet enjoyment and use of the Licensed System, Licensor shall:

2.3.6.2.1 replace the Licensed System, at no additional charge, with a compatible, functionally equivalent and non-infringing product, or

2.3.6.2.2 modify the Licensed System, without additional charge, to avoid the infringement, or

2.3.6.2.3 if approved by the County, obtain a license for the County to continue the use of the Licensed System for the term of these License Provisions and pay all additional fee(s) necessary to acquire such license up to $1,500,000.00.

2.3.7 Source Code: Upon the occurrence of a Source Code Delivery Event, Licensor shall deliver to County a full and complete set, for the most current version of each of the Computer Program(s), of source code on computer magnetic media; all necessary and available information, proprietary information, and technical documentation that shall enable County to create, maintain and/or enhance the licensed material without the aid of Licensor or any other person or reference to any other materials; maintenance tools (test programs and program specifications);

proprietary or third-party systems utilities (compiler and assembler descriptions); description of the system/program generation; and descriptions and locations of programs not owned by Licensor, but required for use and/or support. The license granted hereunder includes the right, exercisable upon such delivery, to use such materials for purposes of County's providing internally, or procuring from Permitted Contractors, such maintenance and support as County may require with respect to the Computer Program(s) and, as incident thereto, to copy and modify the Computer Program(s) in support of the authorized uses of the Computer Program(s).

For purposes of these Provisions, "Source Code Delivery Event" means the combination and completion of the following:

2.3.7.1 County encounters Licensor's inability or failure to correct material error(s) in the Computer Program(s) for any reason, or otherwise to carry out in any material respect the maintenance or support obligations set forth in these Provisions for any reason; or

2.3.7.2 Licensor files a petition in bankruptcy or petition to take advantage of any insolvency action, makes an assignment for the benefit of its creditors, consents to the appointment of

ITQ-26-00335 Page 13 a receiver for itself or the whole or substantially all of its property, is adjudicated a bankrupt on a petition in bankruptcy filed against it, files a petition or answer seeking reorganization or arrangement or other aid or relief under any bankruptcy or insolvency laws for the relief of debtors, or is the subject of an order, judgment, or decree entered by a court of competent jurisdiction appointing a receiver for Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor seeking reorganization or arrangement of Licensor under any bankruptcy or insolvency laws or any other law for the relief of debtors;

and

2.3.7.2.1 The County has notified Licensor by certified mail of the occurrence of such an event described above and has demanded that Licensor deliver the Source Code for all Computer Program(s); and Either:

2.3.7.2.2 Licensor has failed to file, within ten (10) Days after receipt of such notification, an affidavit, or declaration with County by an officer of Licensor stating that the event described in item (1) and specified in such notification has not occurred or has been cured;

or

2.3.7.2.2.1 an affidavit or declaration stating that such event has not occurred or has been cured is filed, either.

2.3.7.2.2.2 Licensor subsequently accepts County's demand notwithstanding Licensor's prior opposition, or

2.3.7.2.2.3 a court of competent jurisdiction subsequently determines that an event described in item (1) above has in fact occurred and has not been cured.

2.4. Optional Provision for Other Agencies

Unless otherwise stipulated by the Bidder/Proposer in its Offer, the Bidder/Proposer agrees to make available to all government agencies, departments, and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

2.5. Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a two (2)-year period (ending on the last Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement

(CPA).

2.6. Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and

ITQ-26-00335 Page 14 may vary during the Contract Period. The County does not guarantee a minimum total purchase.

Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

2.7. Hillsborough County Governmental Purchasing Council: Reference Laws of Florida 69-1112 and 69-1119

All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Solicitation Document. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County. Members will issue their own 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 Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough County Board of County Commissioners Hillsborough Community College Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney’s Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector

2.8. Ordering

The County shall issue a Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA) to cover any goods, Services, and/or Work to be furnished under this Contract. County user departments will issue Standard Purchase Orders against the BPA/CPA on an as‑needed basis. The Successful Bidder/Proposer shall deliver applicable goods, Services, and/or Work only upon receipt of a Standard Purchase Order. No goods, Services, and/or Work shall be provided until a Standard Purchase Order is issued. Any Standard Purchase Order issued prior to the expiration of the Contract Period shall remain valid after the Contract Period has expired and shall be governed by the terms and conditions

ITQ-26-00335 Page 15 of this Contract; all applicable goods, Services and/or Work provided after expiration of the Contract Period shall comply with the provisions of the Standard Purchase Order and shall be governed by the terms and conditions of this Contract. Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) at any time during the Contract Period.

2.9. Termination for Convenience

In the event the County elects to terminate the Contract, the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to the Contractor’s receipt of said termination notice.

3. DEFINITIONS

The following words and expressions (or pronouns) shall, wherever they appear in this Solicitation Document and the Contract Documents, be construed as follows unless a different meaning is clear from the context.

3.1. Amendment(s), Addendum, or Addenda

"Amendment(s)", "Addendum", or "Addenda" shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County, in writing, prior to the Close Date.

3.2. Bid(s), or Bidder's Bid

"Bid(s)", "Bidder’s Bid”, "Proposal(s)", or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.3. Bidder

"Bidder" or "Proposer" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

3.4. Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and any additional terms and conditions of the Contract, if applicable.

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3.5. Board of County Commissioners

"Board of County Commissioners" shall mean the Board of County Commissioners of Hillsborough County, Florida.

3.6. Business Day(s)

“Business Day(s) "shall mean Monday through Friday excluding public holidays.

3.7. Change Order

“Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time.

3.8. Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

3.9. Contract or Contract Documents

"Contract" or "Contract Documents" shall mean the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Non- Discrimination Requirements, all Amendment(s) issued, the Offer, the Agreement (if applicable), all the attached documents identified in this Solicitation Document, all supplementary drawings issued after award of the contract, all Change Orders, all Allowance Authorization Releases, and all provisions required by law to be a part of the Contract Documents, whether actually inserted therein or not.

3.10. Contract Price

"Contract Price" shall mean the total monies payable to the Contractor under the Contract Documents.

3.11. Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and additional terms and conditions of the Contract, if applicable.

3.12. Contract Time or Contract Period

"Contract Time" or “Contract Period” shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein.

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3.13. Contractor

"Contractor" shall mean the Successful Offeror, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.14. County

"County" shall mean the Board of County Commissioners, Hillsborough County, Florida, for whom the Contract is being performed.

3.15. County Administrator

"County Administrator" shall mean Hillsborough County's County Administrator, or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator.

3.16. Day(s)

"Day(s)" shall mean one calendar day.

3.17. Designee

"Designee" shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf.

3.18. Electronic Bidding System

"Electronic Bidding System" shall mean the County’s Electronic Bidding System.

3.19. Minimum Specifications

"Minimum Specifications" shall mean the portion of the Specifications that address the technical requirements of the Work to be performed under this Contract including materials, equipment, and workmanship.

3.20. Notice

"Notice" shall mean a written notice for the County and the Contractor as set forth in this Solicitation Document and/or the Contract Documents.

3.21. Notice of Award

"Notice of Award" shall mean the written notice given by the County to the Successful Bidder/Proposer that said Bidder/Proposer has been selected by the County to provide the goods/Services and/or perform the Work specified in this Solicitation Document.

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3.22. Notice to Proceed

"Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Proposer and/or Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Proposer and/or Contractor to provide the goods and/or Services specified in the Contract Documents.

3.23. Offer(s)

"Offer(s)" or "Bid(s)" or "Proposal(s)" or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Offeror submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Offeror in response to this Solicitation Document.

3.24. Offeror

"Offeror" shall mean any person, partnership, corporation or other entity or organization that has submitted an Offer, Bid, or Proposal to the County in response to a procurement solicitation issued by the County to provide equipment, supplies, materials, or Services.

3.25. Project

"Project" shall mean the entire action and/or improvement which is the subject of this Solicitation Document and/or the Contract Documents.

3.26. Project Manager

"Project Manager" shall mean the duly authorized representative of the Board of County Commissioners during the Contract Period.

3.27. Purchase Order

“Purchase Order” shall mean the County’s written document to the Contractor authorizing Work.

3.28. Quote(s)

"Quote(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Proposal(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.29. Service(s)

"Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents.

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3.30. Site(s)

"Site(s)" shall mean the area(s) upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated as such by the County.

3.31. Solicitation Document

"Solicitation Document" shall mean the solicitation issued by the County for the goods, Services and/or Work specified herein; and shall include the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, and all Amendment(s) issued.

3.32. Specifications

"Specifications” shall mean the detailed information set forth in the “Specifications” Section of this Solicitation Document describing and/or concerning the goods, Services and/or Work being solicited by the County via this Solicitation Document, including, but not limited to, any terms and conditions contained within the “Specifications” Section, any Amendment(s) issued related to the “Specifications” Section, and/or any drawings or maps relating to the “Specifications” Section of this Solicitation Document.

3.33. Subcontractor

"Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents.

3.34. Successful Bidder/Proposer

“Successful Bidder” or "Successful Proposer" shall mean the Contractor and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.35. Unilateral Change Order

“Unilateral Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor.

3.36. Work

"Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited

ITQ-26-00335 Page 20 to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents.

4. INSTRUCTIONS

4.1. Bid Submissions

4.1.1 The County shall only accept Offers through its Electronic Bidding System.

4.1.2 Offers delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered.

4.2. Non-Discrimination and Compliance with Laws

4.2.1 Bidder/Proposer shall comply with the requirements of all applicable federal, state and local laws prohibiting discrimination and the rules, regulations, policies, and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.2.2 The County prohibits any person/business involved in County contracting and procurement activities, to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression.

4.2.3 Bidder/Proposer shall comply with the requirements of all applicable federal, state and local laws and the rules, regulations, policies and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.3. Award of Contract and Rejection of Bids

4.3.1 A Contract, if awarded, will be awarded to the lowest responsive and responsible Bidder in accordance with this Solicitation Document and applicable law.

4.3.2 The County, in its sole discretion, may determine whether acceptance of the Bid/Quote is in the best interest of the County. Further, the County reserves the right to reject any and all Bids/Quotes and to waive any informality concerning a Bid/Quote whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law.

4.3.3 The County also reserves the right to reject the Bid/Quote of any Bidder:

4.3.3.1 determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and

4.3.3.2 who is not in a position to perform the contract.

4.3.4 Bidder must have the capacity, knowledge, skill and general ability to fully perform. Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other

ITQ-26-00335 Page 21 evidence attesting to the Bidder’s responsibility. The County may reject Bidder’s Bid/Quote if, at the County’s sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.

4.4. Bid Documents

4.4.1 The Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, any Amendment(s) issued, together with all the attached documents herein identified constitute the entire Solicitation Document, and must be the basis of all Offers.

4.4.2 Bidder’s/Proposer's Offer pricing, in addition to all Amendment(s) issued, and any other documentation required by this Solicitation Document that is submitted by the Bidder/Proposer in response to this procurement shall constitute the Offer. The Bidder/Proposer is only required to submit its Offer in addition to any Amendment(s) issued and any other documentation required by this Solicitation Document.

4.4.3 The Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Requirements, Insurance and Bond requirements, Specifications, non-discrimination requirements, all Amendment(s) issued, the Bidder’s/Proposer's Offer, the Agreement, if applicable, together with all other attached documents herein identified and all supplementary drawings issued after award of the Contract shall constitute the “Contract Documents” upon the award of this Solicitation Document.

4.5. Bid/Proposal/Quote Pricing

Pricing must be quoted only in the space(s) provided within this Solicitation Document; no other form(s) will be accepted. When applicable, all prices quoted are to be free-on-board (F.O.B.) to the job site or specified delivery location in Hillsborough County, Florida.

4.6. Bid/Proposal/Quote Results

Preliminary results are generally available within two (2) Business Days to Bidders/Proposers in the County’s Electronic Bidding System.

4.7. Bidder/Proposer Request for Interpretation of Solicitation Document

No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than three (3) business days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. The “Primary Contact” information on

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Page 1 of this Solicitation is provided in the event assistance is needed. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

4.8. Bidder/Proposer Responsible for Examining/Investigating Work Site(s)

If applicable to this Solicitation Document, Bidder/Proposer is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work. Bidder’s/Proposer's failure to conduct such examinations and investigations shall not:

4.8.1 excuse the Successful Bidder’s/Proposer's failure to complete the Work in accordance with the Specifications and requirements set forth in this Solicitation Document based on the Successful Bidder’s/Proposer's ignorance of conditions or difficulties that may exist prior to the Close Date or of conditions or difficulties that may be encountered during the execution of the Work; and/or

4.8.2 be a basis for any claims for additional compensation and/or for any extensions of time.

4.9. Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

Offeror is…