12-ITB-26-00160 Sporting Scoreboard Systems.pdf

Invitation to Bid Sporting Scoreboard Systems

ITB-26-00160

ITB-26-00160 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00160

SOLICITATION TITLE: Sporting Scoreboard Systems

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractors, with a proven and documented track record, to provide sporting scoreboard systems, including delivery and installation, for various County locations for a period of two (2) years.

DUE DATE & TIME: April 3, 2026, 2:00 P.M. Eastern Time (our clock)

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 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.

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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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.

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

• To be given consideration, such requests must be received no later than 10 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- 00160 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.

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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DIGITAL ACCESSIBILTY COMLIANCE:

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.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Parks and Recreation Department (PRD) seeks to award a two (2)-year Contract to a qualified Contractor, with experience substantially similar in scope and size, to provide, deliver, and install sporting scoreboard systems in various locations throughout the County on an ongoing and as-needed bases.

1.2. Applicable Publications and Terminology

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

1.2.1 State of Florida Statutes, Chapter 435.04, Level 2 Screening Standards.

https://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_ String=&URL=0400-0499/0435/Sections/0435.04.html

1.2.2 Occupational Safety and Health Administration (OSHA) standards.

https://www.osha.gov/law-regs.html

1.2.3 County’s Standard Purchase Order Terms and Conditions.

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/procurement-policy/procurement-policy-list-of-attachments

1.3. Minimum Qualifications

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

1.4. Minimum Requirements

1.4.1 Staffing

1.4.1.1 The Contractor and its employees who work on County projects shall have a Level II background screening, as per Chapter 435, Florida Statutes. The results of the screening shall be submitted to the County Project Manager and Contract Manager prior to beginning County work. Level II Background screenings shall be at the Contractor's sole expense. The Contractor shall communicate to the County Project Manager and Contract Manager any and all incidents done by the Contractor and/or Contractor’s employee that is against the law, unethical and/or can cause liability to the County, transparency is paramount.

https://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0435/Sections/0435.04.html https://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0435/Sections/0435.04.html https://www.osha.gov/law-regs.html https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/procurement-policy/procurement-policy-list-of-attachments https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/procurement-policy/procurement-policy-list-of-attachments

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1.4.1.2 The Contractor shall only provide professional, knowledgeable, thorough, and courteous employees to work on County projects. The County shall be the sole judge of the sufficiency of workmanship and/or quality of materials.

1.4.1.3 The Contractor’s employees shall comply with applicable Occupational Safety and Health Administration (OSHA) standards (https://www.osha.gov/law-regs.html). The County reserves the right to dismiss from the County property, any Contractor employees who demonstrate inappropriate, questionable, and/or unprofessional behavior. The County reserves the right to refuse compensation to the Contractor which employee(s) demonstrated inappropriate, questionable, and/or unprofessional behavior which caused them to get dismissed from County premises.

1.4.2 Products/Items

1.4.2.1 Where included, brand names are for reference purposes and to establish a standard of quality.

1.4.2.1.1 Bidders offering an equivalent to the specified brand may submit items for approval up to ten (10) Days prior to the Close Date in writing, in accordance with Section 4.11 (Brand Names, Pre.).

1.4.2.2 The following attachments have been provided and represent the product’s technical specifications that are required. The colors may vary;

therefore, the Contractor shall provide color selections available for each product and shall accommodate the County’s potential color adjustments at no additional cost to the County.

1.4.2.2.1 Attachment A, Baseball Model 1610

1.4.2.2.2 Attachment B, Multisports Model 3602

1.4.2.2.3 Attachment C, Controls Model MPCX2 baseball

1.4.2.2.4 Attachment D, Controls Model MPCX2 football

1.4.2.2.5 Attachment E, Controls Model MPCX2 soccer

1.4.2.3 Attachment F, Site Locations, has been provided and demonstrates site locations in which the County plans to install the requested Scoreboards. The Contractor shall accommodate site location adjustments as required.

1.4.2.4 All items provided by the Contractor shall be new and the most current manufactured models, of the best quality, and of the highest-grade workmanship so as not to fade, peel, and/or come undone, therefore causing liability concerns for the County.

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1.4.2.5 The Contractor shall not utilize unauthorized substitutions. Should the County agree to a substitution, the Contractor will receive written notification from the County Project Manager and/or Contract Manager.

1.4.2.6 The Contractor shall clearly indicate, on the packing slip, any item(s) back ordered. The County reserves the right to cancel orders which are in back-order status at any time, at no cost to the County, and purchase from another Contractor.

1.4.2.7 Warranty: All products, parts, and/or services performed as a result of this Solicitation, shall be warranted against defects in workmanship for a period of no less than five (5) years, and/or manufacturer’s warranty, and/or the most favorable commercial warranty the awarded Contractor provides to any customer for comparable products and/or services, whichever is greatest and advantageous to the County. Should any defect become apparent during the warranty period; the Contractor shall repair/replace the defective item(s) including labor at no additional cost to the County. The County Project Manager or Designee will determine whether the defective item(s) shall be repaired versus replaced. The Contractor shall respond promptly within three (3) days to warranty requests and replace and/or redo failed/defective Work to an acceptable condition complying with all requirements contained herein.

1.4.3 County-Owned Property and Work Hours

1.4.3.1 The Contractor shall be financially responsible for any and all damages to County-owned property due to incompetence, deliberate/malicious actions, and/or honest mistakes. The Contractor shall pay to correct damage(s) and/or make repairs, at the discretion of the County Project Manager or Designee. The County reserves the right to hire another Contractor and/or have County personnel correct the damage(s) and deduct from any pending payments to the Contractor. Should the Contractor not respond in writing within 24 hours regarding damage claims, the County may reach out to the Contractor’s insurance company to help resolve the claim.

1.4.3.2 Work Hours: The normal service hours shall be defined as Work which occurs during normal working hours, Monday through Friday, excluding County observed holidays. The County’s normal work schedule is 6:00 AM through 7:00 PM Eastern Standard Time. Non-standard service hours shall be defined as services performed after normal working hours, including County holidays and weekends. The Contractor shall coordinate with the County Project Manager or Designee in writing prior to shipping and/or furnishing services requested herein.

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1.5. Invoicing/Payments

1.5.1 The Contractor shall submit an invoice for services and/or commodities monthly and/or immediately subsequent successful delivery of the requested items. The Contractor is obligated to submit correct invoices within the County’s Fiscal Year without deviation. The County’s Fiscal Year is from October 1st through September 30th. The Contractor is required to submit invoices for completed Work and/or furnished commodities on or before the 15th of September for any Work performed/commodities furnished between October 1st and September 15th. Payment delays are possible should the Contractor not submit invoices for rendered services and/or commodities by September 15th.

1.5.2 All invoices shall be compliant with the County’s standard purchase order terms and conditions, and shall include the following additional details:

1.5.2.1 Name and address of the work location.

1.5.2.2 Description of goods/services provided pursuant to any awarded Contract resulting from this solicitation.

1.5.3 For Invoices for services outside normal routine maintenance, the Contractor shall include the County’s representative’s full name and position title who authorized services.

1.5.4 Invoices which are incomplete and/or lack required information will be returned to the Contractor, which may delay the reimbursement process.

1.6. Preparation for Delivery

1.6.1 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.

1.6.2 All items shall be Free on Board (FOB) destination. In the event that an item(s) is received, and it is later determined there is concealed damage when the item(s) is unpacked, the item(s) shall be replaced by the Contractor at no cost to the County. The County shall not exceed the timeframe of six (6) weeks for unpackaging all items and performing an inspection.

1.6.3 The Contractor shall not mass-ship items without prior written preapproval and coordination with the County Project Manager or Designee. Should the Contractor mass-ship any or all items herein, the Contractor shall retrieve the items and wait for instructions, then re-ship items with proper instructions and approval at Contractor’s sole expense.

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2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the amount of $40,000.00, will be added to the total Bid amount for unspecified commodities, equipment, materials, sites, and/or unforeseen services related to the services and/or commodities listed in the solicitation. Contractor shall provide the County with the best percentage discount available via the questionnaire response.

Commodities and/or Services ordered through the Allowance are limited to the items/services listed above. Costs for the commodities/services must be pre-approved by the County and deemed to be fair and reasonable by County staff.

2.2 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.

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

2.3.1 Access to Records and Work Site(s)

2.3.1.1 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 FEMA 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.

2.3.1.2 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.

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

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

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

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

2.3.2.3 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.

2.3.3 Clean Air Act and the Federal Water Pollution Control Act

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

2.3.3.2 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.

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

2.3.3.4 Clean Air Act

2.3.3.4.1 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.

2.3.3.4.2 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 Environmental Protection Commission (EPC), and the appropriate Environmental Protection Agency Regional Office.

2.3.3.4.3 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.

2.3.3.5 Federal Water Pollution Control Act

2.3.3.5.1 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.

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2.3.3.5.2 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 EPC, and the appropriate Environmental Protection Agency Regional Office.

2.3.3.5.3 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.

2.3.4 Compliance with Federal Law, Regulations, and Executive Orders

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

2.3.4.2 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, and FEMA policies, procedures and directives in its performance under the Contract.

2.3.5 Contract Work Hours and Safety Standards Act

2.3.5.1 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.

2.3.5.2 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.

2.3.5.3 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

ITB-26-00160 Page 11 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.

2.3.5.4 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.

2.3.5.5 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.

2.3.6 Copeland “Anti-Kickback” Act

2.3.6.1 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.

2.3.6.2 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.

2.3.6.3 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.

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2.3.7 Davis-Bacon Act

2.3.7.1 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.

2.3.7.2 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.

2.3.8 Debarment and Suspension

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

2.3.8.2 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.

2.3.8.3 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.

2.3.8.4 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.

2.3.8.5 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.

2.3.8.6 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

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Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.3.9 DHS Seal, Logo, and Flags

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

2.3.9.2 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.

2.3.10 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.

2.3.11 Procurement of Recovered Materials

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

2.3.11.2 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:

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

2.3.11.2.2 Meeting Contract performance requirements; or

2.3.11.2.3 At a reasonable price.

2.3.11.3 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

2.3.12 Program Fraud and False or Fraudulent Statements or Related Acts

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

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

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2.3.12.2 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.

2.3.13 Rights to Inventions Made Under a Contract or Agreement

2.3.13.1 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.

2.3.13.2 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.

2.3.13.3 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.

2.3.13.4 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.

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

2.3.13.6 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.

2.4 Insurance, Contractor

See ITB-26-00160 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

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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.

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.

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2.6 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.

2.7 Purchase Order/Contract

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 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.

2.8 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).

2.9 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. 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

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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

2.11 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. The County user departments will then issue Standard Purchase Orders against the BPA/CPA on an as-needed basis. The Successful Bidder/Proposer shall deliver the applicable goods, Services and/or Work only upon receipt of a Standard Purchase Order. No goods, Services and/or Work are to be provided until a Standard Purchase Order is issued. However, any Standard Purchase Order issued PRIOR to the end of the Contract Period shall be completed, invoiced and paid after the expiration of the Contract. Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) identified throughout the Contract Period.

2.12 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.

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3.1 Agreement

"Agreement" shall mean the written agreement between the County and the Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Solicitation Document. The Agreement (if one is required for this particular Solicitation Document) will be attached to and made a part of the Contract Documents.

3.2 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.

3.3 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.

3.4 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.

3.5 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.

3.6 Board of County Commissioners

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

3.7 Bond

"Bond" or "Earnest Money Deposit (EMD)" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer/Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

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3.8 Business Day(s)

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

3.9 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.

3.10 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.

3.11 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, Equal Employment Opportunity and Affirmative Action 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.

3.12 Contract Price

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

3.13 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.

3.14 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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3.15 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.

3.16 County

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

3.17 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.

3.18 Day(s)

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

3.19 Designee

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

3.20 Earnest Money Deposit (EMD)

"Earnest Money Deposit (EMD)" or "Bond" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer and/or Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

3.21 Electronic Bidding System

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

3.22 Invitation To Bid

“Invitation to Bid” shall mean the Solicitation Document 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.

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3.23 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.

3.24 Modification Agreement

“Modification Agreement(s)” shall mean the written order to the Contractor authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after the award of and/or execution of the Contract/Agreement. Such written order must be approved and/or executed by the applicable authorized representatives of the County in accordance with County policy.

Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the Contractor and the Chair of the Board of County Commissioners.

3.25 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.

3.26 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.

3.27 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.

3.28 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.

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3.29 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.

3.30 Project

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

3.31 Project Manager

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

3.32 Proposal(s)

"Proposal(s)" or "Bid(s)" or "Bidder’s Bid(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.

3.33 Proposer

"Proposer" or "Bidder" 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.

3.34 Purchase Order

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

3.35 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.

3.36 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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3.37 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.

3.38 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.

3.39 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.

3.40 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.

3.41 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,…