15-ITB-25-00380 Medical Stop-Loss Insurance Coverage.pdf

Invitation to Bid Medical Stop-Loss Insurance Coverage

ITB-25-00380

ITB-25-00380 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-25-00380

SOLICITATION TITLE: Medical Stop-Loss Insurance Coverage

BRIEF DESCRIPTION: The Hillsborough County Human Resources Department is seeking competitive sealed bids from experienced and qualified insurance providers, with a proven and documented track record, to provide medical stop-loss insurance coverage for a 10-year period.

DUE DATE & TIME: October 21, 2025, 2:00 P.M. Eastern Time (our clock)

PRIMARY CONTACT: Sakina Ford, Chief 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

ITB-25-00380 Page 2

● 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 five (5) Business 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.

PRE-BID CONFERENCE: A prebid conference will be held, virtually at 10:00 A.M on October 7, 2025. All interested parties are strongly encouraged to attend. The purpose of the prebid conference is to allow potential bidders an opportunity to present questions to staff and obtain clarification of the requirements contained in the solicitation.

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-25-00380 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.

ITB-25-00380 Page 3

1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Human Resources Department (HR) seeks to award a Contract to an experienced and qualified contractor with a proven and documented track record of providing services substantially similar in scope and size, to provide best-in-class medical stop-loss insurance coverage for its self-funded group health plan for its employees, retirees, covered dependents and consolidated omnibus budget reconciliation act (COBRA) participants. The self-funded group health plan contracts with Cigna Health and Life Insurance Company as its third-party administrator (TPA) for two health plans, pharmacy benefits management (PBM) services, behavioral health (BH) and substance abuse services, and an Employee Assistance Program (EAP).

1.1.2 The County has retained The Baldwin Group (TBG) as its employee benefits consultant firm for the purpose of providing expert knowledge, guidance, and actuarial services, to assist the County with the preparation of this Invitation to Bid (ITB). Under the terms of its agreement, on behalf of the County, TBG advocates and provides service support with the contracted insurance company. In this capacity, TBG is our consultant and is remunerated directly by the County on a fee basis.

1.2. Background Information

1.2.1 The County and its diverse group of employees across various departments and roles, have recognized the pivotal role benefits play in nurturing a productive and satisfied workforce. The County strives to foster a culture of well-being, resilience, and vitality among its employees, retirees, and their families.

1.2.2 The County has eight (8) separate agencies that participate in the group benefits programs, with approximately 12,000 lives enrolled in the self-funded group health plan.

Each agency provides benefits programs administration to its employees. Participating agencies include:

1.2.2.1 Board of County Commissioners

1.2.2.2 County Administrator (includes agencies whose administration of benefits falls under the County Administrator)

1.2.2.3 Clerk of Court & Comptroller

1.2.2.4 Children’s Board

1.2.2.5 Court Administrator

1.2.2.6 Expressway Authority

1.2.2.7 Property Appraiser

1.2.2.8 Tampa Sports Authority

1.2.3 The County currently contracts with Cigna for its medical stop-loss insurance coverage. The current coverage includes:

ITB-25-00380 Page 4

1.2.3.1 Contract Type –Paid in 12 months.

1.2.3.2 Claims Basis [Paid/Accrued/Incurred] – Incurred October 1, 2013, to December 31, 2025/Paid January 1, 2025, to December 31, 2025.

1.2.3.3 Specific/Individual claim limit - $675,000.

1.2.3.4 Annual individual stop-loss (ISL) maximum – Unlimited.

1.2.3.5 No Laser exclusion or limitation of high-risk and/or transplant participants.

1.2.3.6 Stop-loss coverage mirrors the group health plan coverage.

1.2.3.7 Eligible Population: Employees, retirees, covered dependents and COBRA participants.

1.2.3.8 No actively-at-work, or non-confinement limitations.

1.2.3.9 Policy period – January 1st – December 31st each year.

1.2.3.10 Exclusions: Gene therapy medications.

1.2.3.11 Monthly premium invoicing to the County.

1.2.3.12 Reimbursements are processed automatically, with no claim filing or notification requirements from the County.

1.2.3.13 Includes pharmacy claims.

1.3. Objectives

The objective of this ITB is to select an Insurance Provider whose submission, at a minimum, meets the standards of the current Medical Stop Loss Insurance program, unless otherwise stated. The County requires a Contractor that delivers exceptional, well-managed services supported by transparent reporting and flexible solutions. Additionally, competitive pricing that minimizes overall costs for the County is critical.

1.4. Exhibits

The County has provided the following Exhibits for the Bidder’s review.

1.4.1 Exhibit A, Health Plan Summary Plan Documents (SPDs)

1.4.1.1 Includes the Modern Plan and Traditional Plan.

1.4.2 Exhibit B, Stop-Loss Census

ITB-25-00380 Page 5

1.4.2.1 Includes employee ZIP code, date of birth, gender, coverage tier, and enrollment status (Employee, COBRA, Retiree, etc.).

1.4.3 Exhibit C, Report of Medical and Rx Claims 2022

1.4.3.1 Includes, but not limited to, enrolled subscriber counts, claims above $100,000 w/ diagnosis, and stop-loss reimbursements and premium rates.

1.4.4 Exhibit D, Report of Medical and Rx Claims 2023

1.4.4.1 Includes, but not limited to, enrolled subscriber counts, claims above $100,000 w/ diagnosis, and stop-loss reimbursements and premium rates.

1.4.5 Exhibit E, Report of Medical and Rx Claims 2024

1.4.5.1 Includes, but not limited to, enrolled subscriber counts, claims above $100,000 w/ diagnosis, and stop-loss reimbursements and premium rates.

1.4.6 Exhibit F, Report of Medical and Rx Claims Jan-Jun 2025

1.4.6.1 Includes, but not limited to, enrolled subscriber counts, claims above $100,000 w/ diagnosis, and stop-loss reimbursements and premium rates.

1.4.7 Exhibit G, Stop-loss Reimbursements and Premiums

1.4.8 Exhibit H, Stop-loss Insurance Policy and 2025 Restated Schedule of Coverage

1.5. Minimum Requirements

1.5.1 The Bidder shall be the stop-loss provider, and the County will contract directly with the stop-loss provider. No third party or Managing General Underwriter (MGU) will be considered. There will be no commissions paid nor overrides accepted. All references to Bidder or Contractor throughout this ITB shall mean the stop-loss provider.

1.5.2 The Bidder’s pricing shall include all minimum requirements as defined in this solicitation document and shall be submitted in the Pricing Questionnaire, as follows:

1.5.2.1 Using estimated employees of 5,800 per month;

1.5.2.2 Year one (1) Guaranteed Composite Per Employee Per Month (PEPM) Rate.

1.5.2.3 Years two (2) through 10, each year provided as either a Guaranteed Composite PEPM Rate, or as a percentage increase (maximum allowed 20%).

1.5.3 The Bidder shall provide, upon County request, the following:

ITB-25-00380 Page 6

1.5.3.1 A minimum of three (3) references, with at least one (1) demonstrating at least five (5) years of experience providing medical stop-loss insurance to public government clients with a member size of at least 10,000 lives. Experience submitted shall show contracts that have been in effective for at least one (1) year, with the experience period occurring within the five (5) years prior to August 1, 2025.

1.5.3.2 Current AM Best Rating of no lower than A-.

1.5.3.3 Disclosure of other companies with whom the Bidder has a financial interest greater than 10% (i.e. insurance company, brokerage operations, etc.).

1.5.3.4 Sample policy and certificate of stop-loss insurance.

1.5.4 The Contractor shall provide medical stop-loss insurance coverage as follows:

1.5.4.1 Maintain identical eligibility requirements and continued coverage provisions as identified by the County in Paragraph 2.1, Background Information, above, and as may be amended from time to time, including but not limited to, the following:

1.5.4.1.1 Contract Type –Paid in 12 months.

1.5.4.1.2 Claims Basis – Paid.

1.5.4.1.3 Specific/Individual claim limit - $725,000.

1.5.4.1.4 Annual ISL maximum – Unlimited.

1.5.4.1.5 No laser exclusion or limitation of high-risk and/or transplant participants.

1.5.4.1.6 Mirrors the group health plan coverage.

1.5.4.1.7 Eligible Population: Employees, retirees, covered dependents and COBRA participants.

1.5.4.1.8 No actively-at-work, or non-confinement limitations.

1.5.4.1.9 Policy period – January 1st – December 31st each year.

1.5.4.1.10 Exclusions: Gene therapy medications.

1.5.4.1.11 Monthly premium invoicing to the County.

ITB-25-00380 Page 7

1.5.4.1.12 Reimbursements are processed automatically, with no claim filing or notification requirements from the County.

1.5.4.1.13 Includes pharmacy claims

1.5.4.2 Follow the underlying health plan documents (SPDs) without excluding or limiting benefits.

1.5.4.3 Not deny any eligible person benefits to which they would otherwise be entitled to under the plan, due to error.

1.5.4.4 Pay the County’s health plan TPA, Cigna Health and Life Insurance Company, the stop-loss interface fee associated with claim reporting at $3.00 per employee per month. The estimated annual cost for this transfer at the time this solicitation was published is $208,800. This is provided as an estimate based on the number of employees per month enrolled in the County’s health plans.

1.5.4.5 Process “Clean” claim reimbursements within 10 Business Days from claim submission, and all other claim reimbursements within 60 Calendar Days from claim submission.

1.5.4.5.1 A Clean claim is defined as a claim that is auto adjudicated and does not have any delay in processing or payment by Cigna Health and Life Insurance Company, the County’s health plan TPA.

1.5.4.6 Advance fund reimbursements within five (5) Business Days following eligibility verification.

1.5.4.7 Provide an embedded three (3)-month terminal liability option that is included in the initial policy.

1.5.4.8 Waive disclosure at renewal.

2. SPECIAL TERMS AND CONDITIONS

2.1 Basis for Award (County’s Best Interest)

Award will be made to the lowest, responsive and responsible Bidder meeting Specifications. If this Solicitation Document contains more than one line item, the County reserves the right to award by line item, by group/section, or by overall total net Bid price, whichever is determined to be in the County’s best interest. Bid prices will be calculated based on the line-item pricing submitted for the10-year term of the contract.

ITB-25-00380 Page 8

2.2 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.

2.3 Insurance, Contractor

See ITB-25-00380 Insurance Requirements Attachment

2.3.1 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.

2.3.2 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.

2.3.3 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.

2.3.4 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.

2.3.5 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.

2.4 Optional Provision for Other Agencies

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

ITB-25-00380 Page 9

2.5 Pre-Bid Conference

A Pre-Bid Conference concerning this present Solicitation Document will be conducted virtually by Hillsborough County as follows:

TIME: 10:00 a.m.

DATE: October 7, 2025

PHONE NUMBER: (813) 272-5790

All interested parties are encouraged to attend. A link will be provided on the Hillsborough County Procurement Meeting Notices website (https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/meeting-notices) and in the Public Notice section of Euna Procurement.

2.6 Price Escalation

2.6.1 If the Contractor did not offer Guaranteed PEPM Rates for any of years two (2) through 10, the Contractor’s maximum premium percentage increase shall not exceed 20% per year.

Percentage increases will only be allowed for those years as indicated in the Pricing Questionnaire throughout the term of the Contract and managed as follows:

2.6.1.1 Yearly Rate Notice: Premium percentage increases offered in the Pricing Questionnaire will represent the maximum allowed and will not be automatically applied. Any adjustments requested to the stop-loss premiums, for years two (2) through 10 shall be communicated to the County by June 1st, annually (180 days prior to the Contract anniversary date of January 1.)

2.6.1.2 Beginning June 1st of each year, the County and its contracted Benefits Consultant will coordinate negotiations with the Contractor to determine Individual/Specific stop-loss deductible and premiums for the following year, not to exceed the premium percentage increase offered in the Pricing Questionnaire.

Underwriting/actuarial justification and supporting documentation will be required to support premium increases.

2.6.1.3 Following negotiations, the final agreed upon percentage increase will be applied to the PEPM Rate with adjustments being made cumulative year over year.

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

ITB-25-00380 Page 10

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 10-year period (ending on December 31st of the final year) 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 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

ITB-25-00380 Page 11

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 Renewal Option (Mutual)

By mutual consent of the County and the Successful Bidder/Proposer, the Contract resulting from this Solicitation Document (including any amendment(s)) may be extended for two (2) additional three (3)-year periods at the same terms and conditions, with price escalation not to exceed 20%.

This option shall be exercised only if agreed to by both the Successful Bidder/Proposer and the County through the Board of County Commissioners or designee.

2.13 Termination for Convenience

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

3. DEFINITIONS

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

3.1 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.

ITB-25-00380 Page 12

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.

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

ITB-25-00380 Page 13 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.

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.

ITB-25-00380 Page 14

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.

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.

ITB-25-00380 Page 15

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.

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.

ITB-25-00380 Page 16

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.

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

ITB-25-00380 Page 17 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, administrators, and permitted assignees.

3.42 Surety

"Surety" shall mean any corporation that executes, as surety, the Bidder’s/Proposer's Bid/Proposal bond, and/or any corporation that executed, as surety, the Contractor’s Bid/Proposal, performance, and/or payment Bond.

3.43 Unilateral Change Order

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

3.44 Work

"Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents.

4. INSTRUCTIONS

4.1 Bid Submissions

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

ITB-25-00380 Page 18

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

4.2 Affirmative Action/Equal Employment Opportunity (AA/EEO) Compliance

4.2.1 The County hereby notifies all Offerors that Minority Business Enterprises (MBE's), Disadvantaged Minority Business Enterprises (DMBE's), and Disadvantaged Women Business Enterprises (DWBE's) will be afforded an equal opportunity to participate in any award made by the County pursuant to this Solicitation Document and will not be subjected to discrimination on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression. The County prohibits any person/business involved in County contracting and procurement activities, to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression.

4.2.2 Offeror acknowledges and agrees that it shall comply with all applicable state and federal Affirmative Action/Equal Employment Opportunity (AA/EEO) requirements.

4.3 Award of Contract and Rejection of Bids

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

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

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

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

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

4.3.4 Bidder must have the capacity, knowledge, skill and general ability to fully perform.

Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidder’s responsibility. The County may reject Bidder’s Bid/Quote if, at the County’s sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.

ITB-25-00380 Page 19

4.4 Bid Documents

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

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

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

4.5 Bid/Proposal/Quote Pricing

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

4.6 Bid/Proposal/Quote Results

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

4.7 Bidder/Proposer Request for Interpretation of Solicitation Document

No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than five (5) business days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. The “Primary Contact” information on Page 1 of this Solicitation is provided in the event assistance is needed. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), ITB-25-00380 Page 20 facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

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

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

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

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

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

Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3. The County’s Procurement Policy and Procedures can be found on the County’s website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, Sec. 2-567(b)(i), any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five (5) Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document.

4.10 Bidder's/Proposer's Understanding of the Solicitation Document

Bidder/Proposer is solely responsible for reading and completely understanding this Solicitation Document in its entirety.

4.11 Cancellation of Solicitation Document

The County reserves the right to cancel, in whole, or in part, this Solicitation Document when deemed to be in the best interest of the County.

ITB-25-00380 Page 21

4.12 Compliance With Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of a Solicitation Document, all material, equipment, etc., as proposed and offered by the Bidder/ Proposer must meet and conform to all O.S.H.A. requirements.

4.13 Condition of Goods, Shipping Costs, and Claims Against Carrier

Unless otherwise specified, all goods supplied will be new, not used or re-manufactured.

Bid/Proposal/Quote prices shall include costs of delivery, shipping and handling. Any claims against the carrier will be the responsibility of the Contractor.

4.14 Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this Section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, 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 a procurement solicitation and/or its related protest. The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County’s Procurement Services Department, County Procurement staff, or the attorney in the County Attorney’s office that is directly responsible for the applicable procurement solicitation (this information can be obtained by contacting the County Procurement staff person listed as the contact in the applicable procurement solicitation).

It is the responsibility of any Offeror/interested party to ensure that the Cone of Silence is no longer in effect prior to communicating with any person under the Cone of Silence (including determining whether protests have been filed for the subject solicitation and the status of such protests – which extends the Cone of Silence time period as stated above). A violation of the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material.

ITB-25-00380 Page 22

4.15 Deviations

Bidder’s/Proposer's Offer must state all deviations to the exact requirements imposed upon the Bidder/Proposer. Such deviations must be stated upon the Bidder’s/Proposer's Offer form;

otherwise, the County may consider Bidder’s/Proposer's Offer as being made in strict compliance with the requirements of this Solicitation Document. The County reserves the right to accept or reject any and all Offers, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if doing so will serve the County’s best interest. Only Offers which conform in all material respects to this Solicitation Document will be accepted. The County may reject any Offer not submitted in the manner specified by this Solicitation Document.

4.16 Drug Free Workplace Program

Pursuant to Section 287.087, Florida Statutes, Bidders/Proposers may submit with their Offers a certificate certifying that they have implemented a drug free workplace program. If two or more Offers are equal in price, quality, and service, preference will be given in the award process to the Bidder/Proposer who has furnished such certification with its Offer. A copy of the Drug-Free Workplace Form is attached to this solicitation and is also available from the Procurement Services Department website at:

https://hcfl.gov/departments/procurement

4.17 Electronic Payment Solution

4.17.1 Automated Clearing House (ACH). Payments from the County will be made through an ACH payment solution where Offerors are paid with direct deposit. If the Offeror requests to opt out of being paid by direct deposit, then the Offeror should indicate its opt out in its Offer.

Note: If Bidder is already enrolled in the County's ACH solution for an existing contract/award, the Bidder will automatically receive payment using their enrolled solution in the event the Bidder is the Successful Bidder.

4.17.2 To enroll in ACH, Bidders must complete the Direct Deposit Authorization Form (included in this solicitation) or at:

https://hcfl.gov/businesses/doing-business-with-hillsborough

4.18 Equipment Demonstration

Prior to the Award of this Solicitation Document, the County reserves the right to require a demonstration of equipment as proposed in Bidder’s/Proposer's Offer. Each Bidder/Proposer shall be prepared to schedule a demonstration of the type of equipment proposed at a time and location mutually agreeable to the Bidder/Proposer and the County. The location should be within reasonable traveling distance from the County, and the County shall be responsible for the travel expenses of its County staff members attending such demonstration. Equipment

ITB-25-00380 Page 23 demonstration may be of Bidder/Proposer-owned equipment or third-party-owned equipment.

Failure on the Bidder's/Proposer’s part to provide the equipment demonstration as described may result in the rejection of its Offer and/or suspension from consideration for award of bids, proposals, or contracts with the County for a period of up to twenty-four (24) months.

4.19 Execution of Written Agreement

Within ten (10) Days of the Notice of Award, the Successful Bidder/Proposer will be required to sign a written Agreement if one has been made a part of this Solicitation Document and identified as the “Agreement”.

4.20 Facilities Inspection

Prior to the award of this Solicitation Document,…