11-ITB-26-00012 Substitute Teachers and Teacher Aides.pdf

Invitation to Bid Substitute Teacher / Teacher Aide

ITB-26-00012

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SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00012

SOLICITATION TITLE: Substitute Teacher / Teacher Aide

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from multiple qualified Contractors to provide a pool of qualified and readily available individuals to fill substitute teacher or teacher aide positions, temporarily or part-time. The resulting contract(s) will be a two (2) year term at an aggregate amount of $1,975,930.00 across all Contractors.

DUE DATE & TIME: November 14, 2:00 P.M. Eastern Time (our clock)

PRIMARY CONTACT: Joseph Wright, Senior Buyer

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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● 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 7 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid 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: A Cone of Silence is in effect for this procurement; therefore, no bidder, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a bidder from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the bidder from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00012 Insurance Requirements Attachment and Special Terms and Conditions.

SURETY (BONDS): Bid, performance, and/or payment surety is not required for this procurement.

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.

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Board of County Commissioners Head Start/Early Head Start Department is seeking multiple qualified Contractors to provide a pool of qualified and readily available individuals to fill substitute teacher or teacher aide positions, temporarily or part-time, throughout Hillsborough County program locations.

1.1.2 The resulting contract(s) will be a two (2) year term at an aggregate amount of $1,975,930.00 across all Contractors.

1.1.2.1 The contracting services will be at a fixed rate of reimbursement.

1.1.2.2 Substitute teachers or teacher aides may be assigned to different locations as deemed necessary for program operations. The Contractor shall adhere to the request of the County by providing substitutes for Teachers or Teacher Assistants as detailed on the requests. If the Contractor is not able to meet the request for a Teacher Assistant, the Contractor may offer a teacher at the same rate quoted for the Teacher Assistant.

1.1.3 The substitute teachers or teacher aides shall work on a temporary or part-time basis, as part of a team to assist in activities in the classroom, kitchen, playground, and busing activities. Additionally assisting with special needs children.

1.1.3.1 The substitute teachers or teacher aides shall work on a temporary or part-time basis, as part of a team to assist in activities in the classroom, kitchen, playground, and busing activities. Additionally assisting with special needs children.

1.1.4 Introduction

1.1.4.1 The Hillsborough County Board of County Commissioners Head Start/Early Head Start program (The Grantee) currently serves a funded enrollment of 3,474 children. Approximately 1,462 children are directly served by the Grantee while 2,012 are served by Delegate providers. Approximately 1,295 out of the 1,462 served by the grantee are 3-5 years old (Head Start) and approximately 167 are age 0-3 years (Early Head Start).

1.1.4.2 Hillsborough County Head Start/Early Head Start is an exemplary childhood program that partners with families and the community to build a foundation for self-reliance. Head Start/Early Head Start provides quality educational opportunities for all children and their families in a safe and nurturing environment and employs qualified and caring staff committed to the social, emotional, and physical well-being of all children.

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1.1.4.3 The Head Start/Early Head Start Program Performance Standards mandate minimum compliance and provide a foundation on which Programs are designed and delivered. Within these parameters, under Subchapter-B 1302.21 (See Exhibit Four (4)) and Subchapter-1 1302.91 (See Exhibit Five (5)), guidance is provided on the requirements for classroom student-teacher ratios and qualification and competence required for both Head Start and Early Head Start Programs.

1.2. Minimum Qualifications

1.2.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services.

1.2.2 The Bidder/Proposer shall be able to provide individual(s) who at a minimum, meet the qualifications and have the knowledge, formal education, training, licenses, skills, and abilities as outlined in the individual job descriptions that are available to all Contractor(s) at their request. Contractor(s) shall provide reference documentation and information concerning required licenses, educational level, and/or employment experience of the individual upon County's request. In the event that any individual is found to be unqualified for his/her specific assignment, The County shall notify the Contractor(s) who shall dismiss such an employee. Hillsborough County will be the sole judge of qualification and its' decision shall be final.

1.3. Minimum Requirements

1.3.1 Job Descriptions

1.3.1.1 Job Functions for Substitute Teacher Aides:

1.3.1.1.1 Rate of Pay: $26.73 per hour with a 3% annual increase.

1.3.1.1.2 Serves as a temporary or part-time substitute teacher aide.

1.3.1.1.3 Assist classroom staff in classroom activities, field trips, out for activities, enrollment, and attendance included in lesson plans.

1.3.1.1.4 Assist in developing materials and providing activities related to the cultural background of the children and families served.

1.3.1.1.5 Assist with supervising at mealtime and eating with children to encourage good nutrition and social skills.

1.3.1.1.6 Help keep the classroom and its contents clean and orderly.

1.3.1.1.7 Assist with providing healthy and safe activities that are developmentally and age appropriate.

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1.3.1.1.8 Shall be Cardiopulmonary Resuscitation (CPR) certified and able to carry out CPR responsibilities if needed.

1.3.1.1.9 Assist the teacher in implementing a good balance of child directed and teacher-directed activities.

1.3.1.1.10 Assist the teacher in any aspect of the program as needed (i.e., at family nights, copying newsletters, making phone calls, preparing classroom materials, etc.).

1.3.1.1.11 May work with assigned children with disabilities, supporting the work of the classroom staff, managers, specialists and/or mental health consultants in carrying out individual plans for children with special needs.

1.3.1.1.12 Ability to work with others.

1.3.1.1.13 Ability to understand and follow oral and written instructions.

1.3.1.1.14 Ability to get down on the floor and interact/engage with children.

1.3.1.1.15 Follow direction from professional staff as identified in the Individualized. Education Plan (IEP) and/or Individualized Family Service Plan (IFSP).

1.3.1.1.16 Sanitize surfaces, picks up, and stores materials in the classroom or kitchen to maintain a safe environment.

1.3.1.1.17 May assist with janitorial services in the absence of the regular custodian or janitor.

1.3.1.1.18 May assist in the preparation of food, logging meals/snacks following U.S. Department of Agriculture (USDA)/ Child Adult Care Food Program (CACFP) required. documentation for food purchased, prepared, and served.

1.3.1.1.19 Participate in food service cleanup, inventory and other food service tasks as requested.

1.3.1.1.20 Maintain strict confidentiality with respect to Head Start/Early Head Start children, families, and staff in accordance with established policies and procedures demonstrated in Exhibit One (1).

1.3.1.1.21 Serve as sick room attendant as directed.

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1.3.1.1.22 Attend all required staff and parent meetings and activities.

1.3.1.1.23 With assistance of the teacher, document instances of child abuse as required by law.

1.3.1.1.24 Attend all workshops and trainings as directed.

1.3.1.1.25 Perform other duties as assigned.

1.3.1.2 Job Functions for Substitute Teachers:

1.3.1.2.1 Rate of Pay: $29.82 per hour with a 3% annual increase.

1.3.1.2.2 Serves as a temporary or part-time substitute teacher.

1.3.1.2.3 Assist classroom activities assist with field trips, outdoor activities, enrollment, and attendance included in lesson plans.

1.3.1.2.4 Assist with developing materials and providing activities related to the cultural background of the children and families served.

1.3.1.2.5 Help supervise at mealtime, eating with the children to encourage good nutrition and social skills.

1.3.1.2.6 Assist with providing healthy and safe activities that are developmentally and age appropriate.

1.3.1.2.7 Assist in any aspect of the program as needed (i.e. at family nights, copying newsletters, making phone calls, preparing classroom materials, etc.).

1.3.1.2.8 May work with assigned children with disabilities, supporting the work of the classroom staff, managers, specialists and/or mental health consultants in carrying out individual plans for children with special needs.

1.3.1.2.9 Ability to work with others.

1.3.1.2.10 Ability to understand and follow oral and written instructions.

1.3.1.2.11 Ability to get down on the floor and interact/engage with children.

1.3.1.2.12 Follow direction from professional staff as identified in the Individualized Education Plan (IEP) and/or Individualized Family Service Plan (IFSP).

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1.3.1.2.13 Sanitize surfaces, picks up, and store materials in the classroom or kitchen to maintain a safe environment.

1.3.1.2.14 May assist with janitorial services in the absence of the regular custodian or janitor.

1.3.1.2.15 May assist in the preparation of food, logging meals/snacks following U.S. Department of Agriculture (USDA)/ Child Adult Care Food Program (CACFP) required documentation for food purchased, prepared and served.

1.3.1.2.16 Participate in foodservice cleanup, inventory, and other foodservice tasks as requested.

1.3.1.2.17 Serve as sick room attendant as directed.

1.3.1.2.18 Attend all required staff and parent meetings and activities.

1.3.1.2.19 Document instances of child abuse as required by law.

1.3.1.2.20 Attend all workshops and training as directed.

1.3.1.2.21 Able to plan, develop, and implement daily lesson plans that provide for educational and enrichment activities for preschool-age children that meet federal performance standards.

1.3.1.2.22 Able to coordinate and oversee the daily activities of an assigned Head Start/Early Head Start Center to ensure that center complies with federal performance standards and local licensing/health/fire inspection requirements.

1.3.1.2.23 Shall be Cardiopulmonary Resuscitation (CPR) certified and able to carry out CPR responsibilities if needed.

1.3.1.3 Physical Requirements

1.3.1.3.1 Duties require regular kneeling, stooping, bending, and sitting on the floor to attend to children's needs.

1.3.1.3.2 Ability to provide physical assistance in the transportation of special needs children on field trips including possible lifting into the seat and fastening a seat belt.

1.3.1.3.3 Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects.

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1.3.1.4 Education Requirements for Substitute Teacher Aide:

1.3.1.4.1 Graduation from high school or possession of a General Education Development (GED) certificate.

1.3.1.4.2 Six (6) months experience working with preschool children.

1.3.1.4.3 Obtained the 40 clock hours from the Florida Department of Children and Families.

1.3.1.4.4 Certification in First Aid and CPR.

1.3.1.4.5 The Hillsborough County Head Start/Early Head Start Education Unit may forego the requirement for six (6) months working with preschool children if a candidate demonstrates appropriate aptitude and attitude for this role as assessed by the Hillsborough County BOCC Head Start Manager of Education Administration.

1.3.1.5 Education Requirements for Substitute Teacher:

1.3.1.5.1 Associate degree from an accredited college or university with a major in Early Childhood Education or a related field or a related field with 18 credit hours in Early Childhood Education and one (1) year of experience teaching Head Start, Early Head Start, pre-school or kindergarten age children. An equivalent combination of education (not less than a High School Diploma/GED) training and experience that would reasonably be expected to provide the job-related competencies noted below:

1.3.1.5.1.1 A Certificate of Completion of an approved 10 hour Developmentally Appropriate Practices for Preschoolers or Infant/Toddlers Course.

1.3.1.5.1.2 Proof of successful completion of the following

courses:

1.3.1.5.1.2.1 Six (6) hours Child Growth and

Development.

1.3.1.5.1.2.2 Six (6) hours Behavioral Observation and

Screening.

1.3.1.5.1.2.3 Eight (8) hours Health, Safety and

Nutrition.

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1.3.1.5.1.2.4 Four (4) hours Identifying and Reporting

Child Abuse and Neglect.

1.3.1.5.1.2.5 Six (6) hours Child Care Facility Rules and

Regulations, or 30 hours Introductory Child Care Training Course.

1.3.1.5.1.2.6 Certification in First Aid and CPR.

1.3.1.6 Other Requirements:

1.3.1.6.1 Maintain the ability to pass the background checks required for the position. These background checks may include but are not limited to:

1.3.1.6.1.1 Criminal History Background Check using Florida

Department of Law Enforcement (FDLE) Criminal Justice Information Services (CJIS).

1.3.1.6.1.2 Level 1 and Level 2 Background screening (Ch. 435 Florida Statutes).

1.3.1.6.1.3 Child Abuse, Abandonment and Neglect Record

Check using the State Automated Child Welfare Information System (SACWIS).

1.3.1.6.1.4 Sex Offender and Sexual Predator record check using the list maintained by the Florida Department of Law Enforcement (FDLE).

1.3.1.6.2 Before a Contractor(s) may assign a substitute instructor to a Voluntary Pre-Kindergarten (VPK) classroom, the Contractor shall ensure that they, the Contractor(s), are registered with The Early Learning Coalition of Hillsborough County Coalition as an approved VPK substitute provider and must conform to all the requirements of the coalition.

Reference (Florida Department of State - Florida Administrative Code & Florida Administrative Register Rule: 6M-8.410. See Exhibit Two (2).

1.3.1.6.3 Possess the necessary National Child Development Associate Credential (CDA) for Preschool and/or Infant/Toddler Endorsement or the FCCPC Certificate (this is the Florida CDA), if applicable.

1.3.1.7 Contractor(s) Requirements:

1.3.1.7.1 The Contractor(s) shall be responsible for full compliance with any all and federal, state, and local laws relating to the employment of

ITB-26-00012 Page 10 persons including but not limited to the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, and the Affordable Care Act.

1.3.1.7.2 The Contractor(s) shall be responsible for all employer requirements (including withholding of income taxes, social security, worker's compensation, disability benefits and all similar benefits) for temporary staff placed by the Contractor(s).

1.3.1.7.3 The Contractor(s) shall be responsible for all employment screening, testing (i.e., typing, Excel, Word, etc.), evaluations, and recruitments; and handle any and all temporary staff issues, i.e.

disciplinary actions, etc.

1.3.1.7.4 The Contractor(s) shall be responsible for the administration, and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision of payroll time sheets, and checks.

1.3.1.7.5 The Contractor(s) shall ensure that the employee reports ready to work, at the time and place specified on the purchase order, with the County reserving the right to reject or stop time on any employee who fail to perform assigned duties satisfactorily; comply with any federal, state or local regulations; perform without disruption the activities of the County department to which the temporary employee is assigned;

perform in an acceptable manner in the judgment of the County.

1.3.1.7.6 The Contractor(s) shall ensure placed staff possess the requisite skills, experience, and qualifications; Contractor(s) shall provide all training to placed staff on proper procedures and protocols (as per OSHA, etc.). Training for positions shall be completed prior to placement.

1.3.1.7.7 The Contractor(s) shall ensure staff placed have met the requirements for driving, or other requirements as pertain to the position being filled.

1.3.1.7.8 The Contractor(s) shall be responsible for all background screenings. The Contractor(s) shall submit resume, personnel records of current substitutes to include Attestation of Good Moral Character, Level II Clearance, and Department of Children and Families (DCF) transcript reflecting both training and staff credentials, prior to the substitute being assigned to a location. The Level II Clearance shall reflect eligible to DCF Child Care under the Department of Children and Families Eligibility section of the report and Head Start Home-Based Daycare as a provider under the screening in process section. The Contractor(s) shall be

ITB-26-00012 Page 11 responsible for the payment of, the scheduling and the processing of the Level II screening. The Contractor(s) shall provide all clearance information the Human Resources Department regarding the Specialty/Sensitive positions.

1.3.1.7.9 The Contractor(s) shall be responsible for the payment of, the scheduling and the processing of the Level II screening. The Contractor shall provide all clearance information the Human Resources Department regarding the Specialty/Sensitive positions.

1.3.1.7.10 Hillsborough County is an E-Verify agency and requires the Contractor(s) to enroll in E-Verify also. The Contractor(s) is responsible for verifying that each of its employees assigned under this resulting contract is eligible to work in conformance with the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as may be amended from time to time, and the Illegal Immigration Reform and Immigration Responsibility Act of 1996. Failure of the Contractor(s) to comply shall be deemed a material breach and shall be cause for immediate termination of the resulting contract at the discretion of the County.

1.3.1.7.11 In accordance with all applicable laws, regulations, and procedures, the Contractor(s) and the individuals provided by the Contractor(s) shall maintain strict confidentiality of all information and records which the Contractor(s) or the temporary staff provided by the Contractor(s) may come in contact or be privy to while providing services.

The Contractor(s) and the temporary staff provided by the Contractor(s) shall affirm, in writing, as shown in Exhibit Three (3), that confidential medical and educational information shall not be disclosed either during, after services or following the termination of the contract or of an individual's employment with the Contractor(s). NOTE: All Contractor(s) employees selected for County for assignments shall be informed by the Contractor(s) in writing of this policy.

1.3.1.7.12 The Contractor(s) shall assign all key personnel to complete all their responsibilities in connection with performance of its obligations.

The Contractor(s) shall obtain written approval by the County prior to reassigning any key personnel. Replacement of key personnel, upon written approval by the County, shall be with personnel of equal or greater ability and qualifications. The unauthorized change of key personnel by Contractor(s) shall be considered by the County as grounds for termination.

1.3.1.7.13 The County reserves the right to reject any staff placed within the first four (4) hours of reporting to duty and request replacement to

ITB-26-00012 Page 12 be sent within two (2) hours, with no responsibility of payment for the rejection.

1.3.1.7.14 The Contractor(s) shall ensure that an effective system is maintained to track and report requisitions for placements of substitute, cancellation of requests for substitutes, and to report all relevant updates and changes on a timely basis so that Hillsborough County Head Start program is able to adequately plan and address any and all related issues on a timely basis.

1.3.1.7.15 The Contractor(s) shall implement an information system or survey to monitor and ensure that there is adequate and timely information updates or performance feedback which will be used to manage outcomes of assigned substitutes.

1.3.1.7.16 The Contractor(s) shall ensure that they are duly registered with the Florida Early Learning Coalition as an approved provider of substitute Teachers and Teacher Aids for the Early Learnings Coalition's Voluntary Pre-Kindergarten Program (VPK).

1.3.1.8 Personnel Requirements:

1.3.1.8.1 Each temporary staff shall read, sign, and comply with the Hillsborough County Head Start/Early Head Start Dress Code and Standards of Conduct as demonstrated in Exhibit Three (3).

1.3.1.8.2 All temporary staff are required to wear picture identification (ID) badges, to be furnished by Hillsborough County for the various locations. The Contractor(s) shall notify Human Resources when badge is lost. It shall be the responsibility of the Contractor(s) to pay for replacement badges at the rate of $10.00 per badge. No temporary staff shall be allowed to work without a current badge. Any temporary staff who does not have proper identification shall be cause for the County to require removal of that individual from the property. All temporary staff are required to wear picture identification (ID) badges, to be furnished by the Contractor(s). No temporary staff shall be allowed to work without a current picture identification (ID) badge. In addition to the Contractor(s) issued picture ID badge, the temporary staff shall be provided with a "Temporary Staff" non-picture ID issued by the County. Contractor(s) shall see that all County issued property is returned to Human Resources when an individual is no longer assigned under this resulting contract.

1.3.1.8.3 The County reserves the right to hire any temporary staff assigned during this resulting contract after a period often 10 consecutive weeks or cumulative for multiples assignments of placement. No

ITB-26-00012 Page 13 compensation or conversion fee shall be paid to the Contractor(s) for such hire.

1.3.1.8.4 Normal working hours, Monday through Friday, any of the following shifts 7:30am-4:30pm, 8am-5pm or 8:30am-5:30pm, if needed.

1.3.1.8.5 The County shall only pay for hours actually worked. The County shall not pay for holidays.

1.4. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than one

(1) Day 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.

1.4.1 Location of Services Teacher and Teacher Aide may be assigned at any of the Head Start/ Early Head Start Centers listed below and other sites as may be added.

1.4.1.1 Facility Address:

1.4.1.1.1 Bealsville, 5100 Horton Road, Bealsville, FL 33566

1.4.1.1.2 Brandon, 9547 E. Columbus Drive, Tampa, FL 33619

1.4.1.1.3 Calhoun, 2911 E. Henry Avenue, Tampa, FL 33610

1.4.1.1.4 Grant Park, 4422 E. Columbus Drive, Tampa, FL 33605

1.4.1.1.5 Jackson Springs, 7345 Jackson Springs Road, Tampa, FL 33634

1.4.1.1.6 Kimmins, 1502 E. 2nd Avenue, Tampa, FL 33605

1.4.1.1.7 LaPaloma, 3419 N. Nebraska Avenue, Tampa, FL 33605

1.4.1.1.8 Mango, 11210 Broadway Ave., Seffner, FL 33584

1.4.1.1.9 McCloud, 2103 N. Rome Avenue, Tampa, FL 33607

1.4.1.1.10 MOSI, 4901 E. Fowler Ave. Tampa, FL 33617

1.4.1.1.11 North Tampa, 14013 N. 22nd Street Tampa, FL 33613

1.4.1.1.12 Nye Park, 630 Sunset Lane Lutz, FL 33549

1.4.1.1.13 Plant City, 1304 Alsobrook, Plant City, FL 33563

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1.4.1.1.14 South County, 215 14th Avenue SE Ruskin, FL 33570

1.4.1.1.15 Strawberry Hills, 701 Tillman Place Plant City, FL 33566

1.4.1.1.16 Town and Country, 7606 Paula Drive, Suite 110, Tampa, FL 33615

1.4.1.1.17 Lee Davis, 3402 N. 22nd Street, Tampa, FL 33605

1.4.1.1.18 Tampa Heights, 175 E. Frances Avenue, Tampa, FL 33602

1.4.2 Temporary staff shall be furnished by means of access to all work locations. Any keys or key cards issued to the Contractor(s) for such use shall not be duplicated by the Contractor(s) or their employees. Contractor(s) should be aware that for security purposes, all Hillsborough County properties may be under video surveillance. The County shall not be responsible for any of the Contractor's employees for loss of personal property.

2. SPECIAL TERMS AND CONDITIONS

2.1 Basis for Award (Multiple Contractors)

2.1.1 The County reserves the right to award one (1) or more Contracts to the responsive and responsible Offeror(s) meeting specifications who submits the lowest total bid price, based on the estimated quantities included herein.

2.1.2 If the County makes multiple awards, the procedures for issuing Work Orders are as follows:

2.1.2.1 The County will develop a preliminary scope, schedule, and cost estimate for each task order. The Project Manager will request, from each awarded Contractor, their cost (based on the unit prices which are the maximum guaranteed prices submitted in the Contractor's offer), scope, and schedule.

2.1.2.2 The Contractors will return the task order quote to the Project Manager prior to the deadline stated in the task order.

2.1.2.3 The Project Manager will determine the overall best value on the Contractors price submittal, scope, and schedule.

2.1.2.4 A Work Order will then be issued.

2.1.3 If it is determined to be in the best interest of the County, a project Work Order may be awarded to the Contractor with the overall best value for the completion of the Work.

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2.2 Contract Provisions for Contracts Funded In-Whole or In-Part by Federal Funds where the Contractor is a Non-Federal Entity

2.2.1 Access to Records and Work Site(s)

2.2.1.1 The Contractor agrees to provide the County, the person and/or entity that is the beneficiary of the commodities, Services or Work that is the subject of this Solicitation Document, the County Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2.2.1.2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2.2.1.3 The Contractor agrees to provide the County Administrator or his/her authorized representatives access to construction or other work sites pertaining to the Work being completed under the Contract.

2.2.2 Byrd Anti-Lobbying Amendment, 31 U.S.C. ss 1352 (as amended)

2.2.2.1 This subsection shall only be applicable to contract awards of One Hundred Thousand Dollars ($100,000) or more.

2.2.2.2 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.2.2.3 Contractors who apply or bid for an award of One Hundred Thousand Dollars ($100,000) or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. ss 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

2.2.3 Clean Air Act and the Federal Water Pollution Control Act

2.2.3.1 This subsection shall only be applicable to Contract awards in excess of One Hundred and Fifty Thousand Dollars ($150,000).

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2.2.3.2 For the purpose of this subsection, "U.S.C." shall mean the Code of Laws of the United States of America/the United States Code.

2.2.3.3 For the purpose of this subsection, "FEMA" shall mean the Federal Emergency Management Agency.

2.2.3.4 Clean Air Act

2.2.3.4.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.

2.2.3.4.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the County Administrator, and the appropriate Environmental Protection Agency Regional Office.

2.2.3.4.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.2.3.5 Federal Water Pollution Control Act

2.2.3.5.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2.2.3.5.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the County Administrator, and the appropriate Environmental Protection Agency Regional Office.

2.2.3.5.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.2.4 Compliance with Federal Law, Regulations, and Executive Orders

2.2.4.1 This subsection shall only be applicable if the Contract is funded in whole or in part by FEMA.

2.2.4.2 Contractor acknowledges and understands that FEMA financial assistance will be used to fund the Contract. Accordingly, the Contractor agrees that it shall comply with all applicable federal laws, regulations, executive orders, ITB-26-00012 Page 17 and FEMA policies, procedures and directives in its performance under the Contract.

2.2.5 Contract Work Hours and Safety Standards Act

2.2.5.1 This subsection shall only be applicable to contract awards in excess of One Hundred Thousand Dollars ($100,000) that involve the employment of mechanics and/or laborers.

2.2.5.2 Overtime Requirements. No Contractor or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of forty

(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than (1 ½) one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

2.2.5.3 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, in the sum of ten ($10) dollars for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in the “Overtime Requirements” paragraph of this subsection.

2.2.5.4 Withholding for Unpaid Wages and Liquidated Damages. The Federal agency providing funding for the commodities, Services and/or Work that is the subject of this Solicitation Document and/or the County shall, upon its own action, or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from monies payable on account of Work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to the necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in the “Violation; Liability for Unpaid Wages; Liquidated Damages” paragraph of this subsection.

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2.2.5.5 Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in the “Overtime Requirements,” “Violation;

Liability for Unpaid Wages; Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in the “Overtime Requirements,” “Violation; Liability for Unpaid Wages;

Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection.

2.2.6 Copeland “Anti-Kickback” Act

2.2.6.1 Contractor. The Contractor shall comply with 18 U.S.C. Section 874, 40 U.S.C. ss 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2.2.6.2 Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above, and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

2.2.6.3 Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. subsection 5.12.

2.2.7 Davis-Bacon Act

2.2.7.1 This subsection shall only be applicable if the resulting Contract related to this Solicitation Document involves one or more of the following programs:

Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Non-Profit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and the Transit Security Grant Program.

This subsection shall not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

2.2.7.2 The Contractor shall comply with the Davis-Bacon Act (40 U.S.C. Sections 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5.

2.2.8 Debarment and Suspension

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2.2.8.1 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

2.2.8.2 For the purpose of this clause, “Subrecipient” shall mean a non-Federal entity that receives a sub-award from the County to provide the commodities, Services and/or Work that is the subject of this Solicitation Document.

2.2.8.3 This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. ss 180.995), or its affiliates (defined at 2 C.F.R. ss 180.905) are excluded (defined at 2 C.F.R. ss 180.940) or disqualified (defined at 2 C.F.R. ss 180.935) from participating in Federal assistance programs and activities.

2.2.8.4 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C and must include a requirement to comply with these regulation in any lower tier covered transaction in enters into.

2.2.8.5 This certification is a material representation of fact relied upon by the Subrecipient. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County and the Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

2.2.8.6 The Bidder or Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this Offer is valid and throughout the period of any Contract that may arise from this Offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.2.9 DHS Seal, Logo, and Flags

2.2.9.1 For the purpose of this subsection, “DHS” shall mean the United States Department of Homeland Security.

2.2.9.2 The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

2.2.10 No Obligation by Federal Government

Contractor acknowledges and agrees that the Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the County, the Contractor, or any other party pertaining to any matter resulting from the Contract.

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2.2.11 Procurement of Recovered Materials

2.2.11.1 For the purpose of this subsection, “EPA” shall mean the United States Environmental Protection Agency.

2.2.11.2 In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the products cannot be acquired as follows:

2.2.11.2.1 Competitively within a timeframe providing for compliance with the Contract performance schedule;

2.2.11.2.2 Meeting Contract performance requirements; or

2.2.11.2.3 At a reasonable price.

2.2.11.3 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

2.2.12 Program Fraud and False or Fraudulent Statements or Related Acts

2.2.12.1 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.2.12.2 The Contractor acknowledges and agrees that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.

2.2.13 Rights to Inventions Made Under a Contract or Agreement

2.2.13.1 This subsection shall only be applicable to contracts between the County and a Small Business Firm or Non-Profit Organization where the County is substituting parties or assigning the performance of experimental, developmental or research Work to said Small Business Firm or Non-Profit organization pursuant to a Funding Agreement between a Federal Agency and the County for the performance of such Work.

2.2.13.2 For the purpose of this subsection, “Funding Agreement” shall mean any contract, grant or cooperative agreement entered into between any Federal Agency, other than the Tennessee Valley Authority, and the County for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

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2.2.13.3 For the purpose this subsection only, a “Small Business Firm” shall mean a small business concern as defined at Section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this subsection only, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12 shall be used.

2.2.13.4 For the purpose of this subsection only, a “Non-Profit Organization” shall mean a university or other institution of higher education or an organization of the type described in Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.

2.2.13.5 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

2.2.13.6 The Contractor acknowledges and agrees that this Contract shall be governed by and is subject to the provisions contained in 37 C.F.R. Part 401 which are incorporated herein by reference.

2.3 Health Insurance Portability and Accountability Act (HIPAA)

Offeror shall comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), as amended, P.L. 104-191, 45 C.F.R. 160 and Part 164, as amended. The awarded Offeror shall be required to execute the HIPAA Business Associate Agreement (attached) upon notification of award.

2.4 Insurance, Contractor

See ITB-26-00012 Insurance Requirements Attachment

2.4.1 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.

2.4.2 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.

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2.4.3 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.

2.4.4 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.

2.4.5 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.

2.5 Jessica Lunsford Act

2.5.1 Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, must meet level 2 screening requirements as described in Florida Statutes Section 1012.32 and Section

1012.465. The Act focuses primarily on increasing the measures used to monitor sexual offenders or predators. However, part of the Act is specifically related to individuals with access to school district campuses. Hillsborough County Children Services, Head Start facilities and Park sites that serve the School Board have adopted this as policy.

2.5.2 Contractual personnel shall include any vendor, individual, Contractor, Sub- Contractor, or entity under contract with the school board or in this case Hillsborough County who work or may work in a child occupied area or space. The Contractor shall pay all costs associated with meeting the level 2 requirements. Be advised that this process may take up to thirty (30) days.

2.6 Optional Provision for Other Agencies

2.7 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.

Purchase Order/Contract

2.8 By submitting an Offer, the Bidder/Proposer declares that it understands and agrees that Bidder’s/Proposer’s Offer in addition to the Specifications, the Instructions, the General Terms and Conditions, the Special Terms and Conditions, the Insurance and Bond requirements, any Amendment(s) issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by

ITB-26-00012 Page 23 the Board of County Commissioners (if applicable), upon approval of the contract award by the County Administrator (if applicable), or upon the County’s issuance of a Contract Purchase Agreement, Blanket Purchase Agreement, or Purchase Order, whichever occurs sooner. 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 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).

2.9 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 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.

2.10 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.