25007-ITQ-EST_Crowd_Based_Innovation_Services.pdf

Connect with Us • HillsboroughSchools.org • P.O. Box 3408 • Tampa, FL 33601-3408 • (813) 272-4000 Raymond O. Shelton School Administrative Center • 901 East Kennedy Blvd. • Tampa, FL 33602-3507

Superintendent Van Ayres

BUSINESS SERVICES DIVISION

PROCUREMENT SERVICES

INVITATION TO QUOTE

January 13, 2025

ITQ No. and Name: 25007-ITQ-EST CROWD BASED INNOVATION SERVICES

Purpose: Public notice is hereby given that Hillsborough County Public Schools (“HCPS” or the “District”) on behalf of The School Board of Hillsborough County, Florida (the “Board”) has issued this Invitation to Quote (ITQ) for provision of crowd based innovation services The work to be done under this Agreement includes, but is not limited to, providing all labor, materials, supervision, equipment, incidentals, and related items necessary to complete the projects as needed in accordance with the specifications contained herein.

Last Day for Questions: Wednesday, January 15, 2025, at 3:00:00 PM

ITQ Due Date & Time: Monday, January 27, 2025, at 3:00:00 PM

SUBMITTAL: NEW INFORMATION: PROPOSERS MUST SUBMIT THEIR COMPLETED PROPOSAL VIA VENDORLINK. NO

HARD COPIES WILL BE ACCEPTED.

Subject to the conditions, provisions and the enclosed specifications, Procurement Services will accept quotes until the above stated date and time. Hillsborough County Public Schools (HCPS) will reject late quotes whether presented in person, received via U.S. Mail, or by any other delivery method. Written questions regarding this quote, may be submitted online through www.myVendorLink.com/. Hillsborough County Public Schools reserves the right to retain all quotes for a period of 45 days and to reject any, and all, quotes and to waive any informalities and/or irregularities thereof.

Lobbying/Cone of Silence: The Cone of Silence, HCPS policy 6320 – Procurement, prohibits any communication regarding an active competitive solicitation between any District employee or Board member and any third party, representative, or lobbyist of that party, in effect from the time of release of the competitive solicitation until the Agreement is awarded by the School Board.

VendorLink (www.myvendorlink.com): Each bidder must have a current vendor application on file with VendorLink to conduct business, receive updates and addenda, and ask questions under any HCPS solicitation. HCPS may disqualify a bidder for failure to comply with this condition. For technical support contact the Vendor Registration Helpdesk via email at support@evendorlink.com for additional registration questions.

Bid Withdrawal: The bid must be prepared and submitted in accordance with the instructions herein. HCPS shall review each bid to determine its responsiveness to the submission requirements. A bid may not be withdrawn for a period of 120 days after the due date unless otherwise specified.

http://www.myvendorlink.com/ mailto:support@evendorlink.com

Hillsborough County Public Schools Page 2 of 48 25007-ITQ-EST Crowd Based Innovation Services

1. INTRODUCTION

2. GENERAL TERMS AND CONDITIONS

3. BIDDER INSTRUCTIONS

4. REQUIRED FORMS

5. SPECIFICATIONS/SCOPE OF WORK

6. QUOTE PRICING SHEET

7. REQUIRED SUBMITTALS CHECKLIST

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1. INTRODUCTION

1.1 BACKGROUND

Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh largest school system. HCPS presently has 235 PreK-12 schools, specialty centers and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “School Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The School Board consists of seven members elected by geographic area. Among other duties, the School Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019–2020 fiscal year is approximately $3 billion. The Chief Executive Officer is the Acting Superintendent of Schools, Mr. Addison Davis, appointed by the School Board, who is responsible for all financial transactions and records of HCPS. 1

Vision: Preparing Students for Life.

Mission: To provide an education and the supports that enable each student to excel as a successful and responsible citizen.

1.2 INVITATION TO QUOTE (ITQ)

The ITQ is a procurement method, which the award is made to the “lowest responsive and responsible bidder, or “low bid,” using a formal bid process. The ITQ may contain information regarding site inspection and/or Pre-Bid Meeting.

Pursuant to the Florida Department of Education (FLDOE) Rule 6A-1.012(1)(b) Purchasing Policies, the ITQ will be defined for the purposes of this rule as a written solicitation for competitive sealed bids. HCPS utilizes the ITQ when it is capable of specifically defining the scope of work for commodities or contractual services. A written solicitation includes a publicly posted solicitation.

FLDOE Rule 6A-1.012(9) Purchasing Policies, allows HCPS to accept the bid from the lowest responsive, responsible bidder.

HCPS may also choose to award contracts to the lowest responsive, responsible bidder as the awardee of an Agreement and to the next lowest responsive, responsible bidder(s) as alternate awardees from whom commodities or contractual services would be purchased should the primary awardee become unable to provide all the commodities or contractual services required by HCPS during the term of the Agreement. HCPS may offer multiple awards to the lowest responsive and responsible bidders when such multiple awards are stated in the solicitation documents.

FLDOE Rule 6A-1.012(12)(c) Purchasing Polices states that if HCPS is in receipt of less than two (2) responsive bids for commodities or contractual services, HCPS may negotiate on the best terms and conditions or decide to reject all bids.

HCPS shall document the reasons that negotiating terms and conditions with the sole bidder is in the best interest of HCPS in lieu of resoliciting bids.

[INTENTIONALLY BLANK]

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2. GENERAL TERMS AND CONDITIONS

The following General Terms and Conditions are incorporated and applicable to all Hillsborough County Public Schools (“HCPS”)-issued competitive solicitations and to each purchase made by any authorized method of acquisition. HCPS shall deem that each bidder/proposer/respondent (“Respondent”) submitting a bid/proposal/reply/quote (“proposal”), to have assented to these non-negotiable conditions by the act of responding to this competitive solicitation (“solicitation”) and/or acceptance of a request for purchase via duly issued purchase order (PO). Prior to the solicitation due date HCPS may incorporate additional conditions, without limitation, referenced as Attachment, Appendix, or Addendum, generally termed "additional” or “special conditions”. Any conflict in terms between an appendix, and any HCPS-issued addenda will require the following order of precedence: addenda, answers to questions on www.myvendorlink.com, the solicitation, and appendices. HCPS will reject all proposals that fail to accept these conditions as "non-responsive."

2.1 DEFINITIONS

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

• Addenda: All written or graphic instruments issued prior to the date for opening of bid solicitation, which modify or interpret the bid solicitation documents by additions, deletions, corrections, or clarifications.

• Agreement: The contract (the “Agreement”) includes (in ascending order) this ITQ, HCPS- issued addenda, vendor-submitted bid, all mutually agreed amendments, and renewals covering the provision of commodities or contractual services herein.

• Bid: Any written offer submitted in response to this HCPS ITQ.

• Bidder: The term “bidder” will include those firms submitting bids to this ITQ.

• Contractor/Awarded Vendor: Unless otherwise indicated, refers to any type of business entity awarded by The School Board of Hillsborough County, Florida or as approved by HCPS Procurement Services in accordance with a bid submitted by that entity in reply to this ITQ.

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

• Firm/Business Entity/Organization/Vendor: An organization, sole proprietorship, partnership, corporation, or limited liability company that sells commodities or contractual services to achieve commercial goals.

• Procurement Officer: HCPS contracting personnel that serves as the liaison between the Procurement Services team and the end-user’s department.

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

• Responsible Vendor: Pursuant to Florida statutes, a “responsible vendor” means a vendor who has the capability in all respects to perform fully the Agreement requirements and the integrity and reliability that will assure good faith performance.

• Responsive Bid: A responsive bid means a bid submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

• Scope of Work: The Scope of Work describes the goods and services the Contractor will provide under the Agreement and may include project information (broken into deadlines and specific tasks).

• Small Business, Minority-Owned, Woman-Owned, or Service-Disabled Veteran-Owned Small Business (“SBE”):

An HCPS Office of Supplier Diversity registered small business enterprise.

• Subcontractor: Any organization directly contracted with and on behalf of the Contractor to goods and services for the provision of the commodities or contractual services subject to this ITQ. The Contractor must notify HCPS prior to the use of any Subcontractor, if approved by HCPS, the Subcontractor must adhere to all Contractor’s requirements, and the Contractor must remain liable for the Subcontractor’s actions and fees.

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• Superintendent: The term “Superintendent” shall mean the district “superintendent or designee.” For the purposes of this solicitation, the General Manager of Procurement Services will serve as the designee.

• Vendor/Firm/Business Entity/Organization (Vendor): The term “vendor” shall apply to any firm, business entity, or organization to any sole proprietorship, partnership, corporation, or limited liability company that sells goods and services to achieve certain commercial goals.

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

2.2 LEGAL REQUIREMENTS

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

Fair Labor Standards Act – “Hot Goods”: The proposer certifies that the production of the provided commodities shall be compliant with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof.

Student Confidentiality. All records, materials, documents or other objects containing confidential information, and copies thereof, obtained by the contractor during the provision of goods and services for HCPS are confidential and shall not be used or disclosed in any manner by the Contractor, except as allowed by applicable law and regulations and the policies and practices of HCPS. Notwithstanding the policies and practices of HCPS, in no event shall the contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law if the contractor must first furnish prompt notice thereof to HCPS to permit HCPS an opportunity to contest such disclosure.

The Contractor agrees to not remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business for HCPS or except as authorized or directed by HCPS, any records, materials, documents or objects containing or reflecting any confidential information. The contractor recognizes that all such documents and objects, whether developed by the Contractor or someone else, are the exclusive property of HCPS.

Upon the expiration of the contract with HCPS, or at any other time upon request by HCPS, and at the sole discretion of HCPS, Contractor shall promptly deliver to HCPS all documents and records which are in Contractor's possession or control and which are confidential information as defined in this contract.

The Contractor’s failure to comply with the provisions of this contract pertaining to confidential information is a breach of this contract and may result in the termination of the contract and further legal action against the Contractor. The provisions of this contract pertaining to confidential information shall survive termination of the contract between HCPS and Contractor.

The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees incurred by HCPS because due to the contractor's breach of the confidentiality provisions of this contract. The contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain further breach of this contract or to prevent unauthorized uses or disclosures of confidential information by the contractor.

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

2.3.4 Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such

Hillsborough County Public Schools Page 6 of 48 courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under this Agreement.

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

Jessica Lunsford Act (JLA): Pursuant to §§1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act,” www.sdhc.k12.fl.us/doc/164/procurement-jla, all contractors meeting any of the three (3) criteria, i) be at school when students are present, or ii) have direct contact with students, or iii) have access to or control of school funds, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards department. The only applicable exception is the "six-foot fence" rule where the contractor will perform contractual services, and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high. Those contractor employees will be required to have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to all contractors violating this requirement.

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

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

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

• Hillsborough County Public Schools Page 7 of 37 Appendix A: General Terms and Conditions (Rev. 06/05/19)

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

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

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

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT PHONE: (813) 272-4060, EMAIL: PRR@SDHC.K12.FL.US, 901 E.

KENNEDY BOULEVARD, TAMPA, FLORIDA 33602.

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

2.3 DISCRIMINATION

The Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. In the event of the Contractor’s noncompliance with the

Hillsborough County Public Schools Page 7 of 48 nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part.

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

Americans with Disabilities Act: Any Proposer submitting a proposal to HCPS for the provision of goods and services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. All contractors and/or subcontractors providing commodities and contractual services must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336.

2.4 PROPOSER SANCTIONS

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

Public Entity Crimes (§287.133(2)(A): "A person or affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a proposal on a contract to provide any commodities and contractual services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for category two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor(s) list."

Convicted and Discriminatory Vendor Lists (ss. 287.133(2)(a) and 287.134, F.S., and Rule 60A1.006 (1), F.A.C.):

A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a proposal on a contract to provide commodities and contractual services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor _lists/convicted_vendor_list

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

2.5 FORCE MAJEURE

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Except as otherwise expressly provided herein, neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such party including, but not limited to, acts of God or the public enemy, fires, explosions, riots, strikes (not including strikes of the Contractor's Staff Personnel), or war. Notwithstanding the foregoing, the failure of any of the Contractor's suppliers, subcontractors, or the like shall not excuse the Contractor's performance except to the extent that such failures are due to any cause without the fault and reasonable control of such suppliers, subcontractors, or the like including, but not limited to, acts of God, fires, explosion, riots, strikes (not including strikes of personnel of the Contractor's suppliers or subcontractors), or war.

2.6 HCPS’ RIGHTS

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

• Reject any or all the proposals; and

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

• cancel the entire solicitation; and

• remedy solicitation errors; and

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

• appoint evaluation committees to review proposals; and

• seek the assistance of technical experts to review proposals; and

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

• establish a short list of proposers eligible for discussions, clarifications or interviews after review of written proposals; and

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

• accept other than the lowest priced proposal; and

• waive informalities and irregularities in proposals; and

• award a contract without discussions or negotiations; and

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

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

Submittal Confidentiality: Pursuant to s. 119.071(1) (b) 2 Florida Statutes, Bids/Proposals/Replies received by HCPS pursuant to a competitive solicitation are exempt from ss. 119.07(1) and 24(a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until 30 days after opening the Bids/Proposals/final Replies, whichever is earlier. All Proposal evaluation meetings and discussions with the Bidder/Proposer/Respondent shall be subject to s.

286.0113, F.S.

Submittal Rejection: HCPS, at its discretion, may reject any, or part(s) of any Bid/Proposal/Reply; advertise, postpone, or cancel, at any time, the competitive solicitation process, or waive any irregularities in the solicitation in the Bid/Proposal/Reply received. HCPS also reserves the right to request clarification of information from any Bidder/Proposer/Respondent.

2.7 ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY)

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

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

• Propose any work, products, or services as described herein when it is to the economic benefit of HCPS; and

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• May purchase items on this solicitation from any State of Florida public entity, the General Services

• Administration (GSA), Bay Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts; and

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

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

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

Purchases from Other Public Agencies (within Hillsborough County). In accordance with Laws of Florida, Chapters 69-1112 and 69-1119, any public agency or authority existing within Hillsborough County that may desire to purchase commodities and contractual services under a contract, entered into pursuant to law by any other political subdivision, such authority existing within Hillsborough County may purchase the commodities and contractual services at the contract price. Submission of a proposal in response to this solicitation also constitutes a proposal under the same contract conditions and at the same contract price, during the effective period of the contract, to all the other public entities there listed (Governmental Purchasing Council of Hillsborough County). Each member of the Governmental Purchasing Council of Hillsborough County will issue their 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 • Hillsborough County Clerk of Courts

• Hillsborough County Board of County

Commissioners

• Hillsborough County Property Appraiser

• City of Plant City • Hillsborough County Sheriff

• City of Tampa • Hillsborough County Supervisor of Elections

• City of Tampa Housing Authority • Hillsborough County Tax Collector

• City of Temple Terrace • Office of the State Attorney, Hillsborough County, FL

• Hillsborough Area Regional Transit • Tampa Hillsborough Expressway Authority

• Hillsborough Community College • Tampa Palms Community Development

• Hillsborough County Aviation Authority • Tampa Sports Authority

2.8 CONTRACT TERMINATION & DEFAULT

In accordance with Board Policy chapter 6320 - Procurement Procedures, Suspension or Debarment, the General Manager of Procurement Services may debar contractors for a defined period from bidding on or performing as a subcontractor on any HCPS contract. The suspended or debarred contractor may request removal from suspended or debarred status after the expiration of the suspension or debarment period. The General Manager of Procurement Services shall have the authority to suspend or debar any contractor for the following:

• default on awarded contract; or

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

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

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

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

• possession of firearms on HCPS property; or

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

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

Non-Appropriation of Funds (Funding Out): It is understood and agreed between the parties hereto that HCPS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS.

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

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

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

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

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

• If Performance Security Was Not Required: The Contractor shall pay HCPS, as liquidated damages, an amount equal to five (5%) percent of the total estimated value of the item(s) in question. If the proposed pricing is a lump sum amount, then the amount due is five (5%), percent of the remaining value of the contract.

• The Contractor’s failure to pay the liquidated damages within fifteen (15) days after notification that liquidated damages are due, shall lose eligibility to transact business with HCPS for a period of not less than one (1) year, but

Hillsborough County Public Schools Page 11 of 48 no more than two (2) years after the date of the default, as determined by the General Manager of Procurement Services. Thereafter, the vendor may request reinstatement to the active bidders list.

Upon contract cancellation, HCPS reserves the right to award the Agreement to the lowest responsive, responsible Bidder (ITQ only) or the responsible Proposer(s)/respondent(s) offering the next highest rated Proposal/Reply for the unexpired term of the Agreement or publish a new competitive solicitation, as deemed to be in HCPS’ best interest.

Return of Goods: All goods returned for any reason other than the Contractor’s error, misrepresentation of specifications, or due to defect may be subject to return freight charges, negotiable between HCPS and the Contractor.

HCPS agrees to return commodities in the original factory sealed packaging, when possible. The Contractor must provide a return merchandise authorization (RMA) without requiring a purchase order or credit card. If applicable, the Contractor shall ship replacement commodities prior to receipt of returned merchandise.

2.9 CONTRACTOR OBLIGATIONS

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

HCPS Procurement Policy (6320): HCPS Procurement Policy (www.sdhc.k12.fl.us/policymanual/detail/479) is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference.

HCPS Procurement Policy binds the Contractor, by participation in this solicitation, in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

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

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

Licenses & Taxes: The Contractor shall remain compliant with all federal, state, and local regulations as to licenses, permits, and tax obligations required for the operation of the Contractor’s business activities.

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

2.10 ACCOUNTING & INVOICING

Accounting and Invoicing Correspondence. The Contractor must reference a HCPS purchase order number. HCPS complies with the Florida Prompt Payment Act (ss.218.70-218.80). Invoice payment is Net 45 days from the date of service completion or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts.

All payments, other than payments for construction services, due and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance.

• Billed Charges: Vendor billed charges shall be based on bid response. The rate shall include compensation for labor, materials, tool/equipment use, travel time, and any other incurred costs or fees to Awardees.

• Payment Approval: After the requesting maintenance department has noted approval of work and invoice clarity, they will send the draft copy to the vendor signed as approved for payment. Only upon receipt of this signed draft copy may the original invoice be sent to HCPS Accounts Payable Department for processing.

• Individual Purchases: May be covered by purchase orders issued against the contract as item(s) are required and/or blanket purchase orders will be issued.

http://www.sdhc.k12.fl.us/policymanual/detail/479

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• Requests for Service: All requests for service will require a duplicate invoice be sent, clearly identified as a “duplicate” or “copy”, either to the maintenance area requesting service or designated project leader.

• Invoice: All invoices will include the following information: Vendor shall submit legible copies of their detailed invoice before payment(s) will be made with NO EXCEPTIONS. The submitted invoice must provide the following information:

• Company name, address and contact, email address, telephone and fax number

• HCPS bill-to department and contact information

• District Project Coordinators Name

• HCPS Work Order Copy

• HCPS purchase order number(s)

• HCPS Work Order number(s)

• HCPS Quote number

• Site Name and location

• Invoice number and date

• Payment terms

• Date of service

• Description of purchase (product or services) Invoice will show detailed description of all work performed, including actual quantity of bid items completed.

• Pricing per unit of purchase

• Extended price

• Arrival and Departure Time/ Sign In and Out Sheet (CSVF) Date(s) of service, to include time-in and time-out at the site. Note all required information on the CSVF and document will be legible and complete.

• Total Amount Due

• Failure to comply with these requirements will stimulate the return of the invoice and CHVL to the Contractor for adjustment.

Draft Invoices. Draft invoices and request for payment must be delivered to the requesting department representative/designee at least ten (10) working days before the deadline for submission of awarded vendor’s request for payment.

Draft Invoice Approval. After the requesting maintenance department has noted approval of work and invoice clarity, they will send the draft copy to the vendor signed as approved for payment. Only upon receipt of this signed draft copy may the Vendor send original invoice to HCPS Accounts Payable Department for processing.

Request for Payment. The original invoice will be sent to HCPS Accounts Payable, PO Box 3408, Tampa, FL 33601. A copy of the invoice clearly marked “COPY”; the CSVF and material invoices will be faxed or delivered to the appropriate maintenance department. For actual services rendered, payments shall be made on a per order basis.

PO Number: All accounting and invoicing correspondence must reference a HCPS PO number. HCPS may generate Individual purchases via blanket or multiple POs against the contract as item(s) are required.

Pricing & Taxes: All pricing shall be based on FOB Destination and will include all packaging, handling, and shipping charges. The School Board is exempt and does not pay Federal Excise and State of Florida sales taxes.

Invoice Submittal: The Contractor shall submit an original invoice to the HCPS Accounts Payable Department.

Pursuant to s. 287.058(1)(a), F.S.: bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.

“Duplicate” or “Copy” Invoice: All service contracts require a duplicate invoice, identified as a “duplicate” or “copy” to the ordering department or designated project leader.

Payment Assignment: Any purchase order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with prior written approval by HCPS Procurement Services.

Request for Payment: The Contractor, unless under mutual written contract, shall provide invoices that will include all scheduled services, products purchased, and/or services completed during the previous 1-month period. The

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Contractor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of s. 68.082, F.S., pertaining to false claims against the State, and/or s. 837.06, F.S., pertaining to false official statements.

Excess Funds: A Contractor who receives funds paid by HCPS under this Agreement agrees to promptly notify HCPS of any funds erroneously received from HCPS upon discovery of erroneous payment or overpayment. The excess funds must be refunded to HCPS with interest calculated from the date of the erroneous payment or overpayment.

Interest shall be calculated using the interest rate for judgments under s. 55.03, F.S., applicable at the time the erroneous payment or overpayment was made by HCPS.

Stop Work Order: HCPS may at any time by written notice to the Contractor stop all or any part of the work for this solicitation. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. HCPS may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the solicitation terms and conditions.

Deliveries: HCPS shall provide payment for deliveries on a per order basis and delivery shall be to any point within Hillsborough County, Florida to a secure area or inside delivery, as requested by the school site.

Travel Expenses: Pursuant to s. 287.058(1)(b), F.S.: bills for travel expenses will be reimbursed only if expressly authorized by the terms of the Agreement. Bills for any travel expenses shall be submitted in accordance with s.

112.061, F.S.

Right to Audit Provisions: The Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, subcontractor’s files and any other supporting evidence necessary to substantiate payments and income related to this Agreement (records) shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by an HCPS authorized representative to adequately permit evaluation and verification of any invoices, payments, or claims submitted by the Contractor or any of his/her payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify payments and any other matters or items associated with this Agreement.

• For such audits, inspections, examinations, and evaluations, the HCPS authorized representative shall have access to the records from the effective date of this Agreement, for the duration of the work, and until five (5) years after the date of the Contractor’s final payment pursuant to this Agreement. All payments which cannot be documented as paid as required by the Agreement and found not to follow the provisions of this Agreement, shall be reimbursed to HCPS.

• The HCPS agent or its authorized representative shall have access to the Contractor’s facilities, all necessary records, and shall be provided adequate and appropriate workspace to conduct audits in compliance with this section.