6-ITB-26-00042 Disaster Call Center Services - FINAL.pdf

Invitation to Bid Disaster Call Center Services

ITB-26-00042

ITB-26-00042 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00042

SOLICITATION TITLE: Disaster Call Center Services

BRIEF DESCRIPTION: The Hillsborough County Office of Emergency Management (OEM) seeks to establish a contract with a qualified Contractor to provide call center answering service providers to manage calls related to disaster events, and to maintain year-round readiness through training and quality assurance activities. Contractor shall manage the County's inbound calls related to natural or manmade disasters, such as but not limited to, severe weather events and biological or chemical hazards. Forecasted weather events typically will allow the County and its call center Contractor advance notice and time to prepare for mobilization. In some cases, advance notice may not be possible;

therefore, the County shall require its call center Contractor to mobilize within 2-4 hours of notification. The resulting contract will be for a three (3) year period.

DUE DATE & TIME: December 9, 2025, 2:00 P.M. Eastern Time (our clock)

PRIMARY CONTACT: Kevin Frye, Procurement Operations Coordinator

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

ITB-26-00042 Page 2 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.

● 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 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

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

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

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00042 - Insurance Requirements Attachment and Special Terms and Conditions.

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

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

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

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Office of Emergency Management (OEM) seeks to establish a contract with an experienced and well-qualified Contractor for a three (3) year contract period to provide call center answering service providers to manage calls related to disaster events, and to maintain year-round readiness through training and quality assurance activities. Contractor shall manage the County's inbound calls related to natural or man-made disasters, such as but not limited to, severe weather events and biological or chemical hazards. Forecasted weather events typically will allow the County and its call center Contractor advance notice and time to prepare for mobilization. In some cases, advance notice may not be possible; therefore, the County shall require its call center Contractor to mobilize within 2-4 hours of notification.

1.2. Minimum Qualifications

1.2.1 The Bidder shall demonstrate recent experience in providing substantially similar services. Bidder's experience shall have been performed as an established business, under their current business name, not as a subcontractor for or employee of another established business.

1.3. Minimum Requirements

1.3.1 Service Requirements

1.3.1.1 Contractor shall ensure all its locations, staff, and agents that support Hillsborough County's disaster response call center is physically located within the continental United States, but not in the State of Florida. This requirement is intended to reduce risk to our population and support continuity of government.

It is important that when a crisis hits within the State of Florida, the Contractor’s operations is less likely to also be impacted. United States' telecommunications infrastructure offers the resiliency and reliability to best provide for continuity of government, such as in the event a disaster impacts the Contractor’s location(s).

1.3.1.2 Utilize redundant, scalable, cloud-based call center technologies with backup that allow services to continue despite challenges with power supply, system surges, server outages, high concurrent call volume, and other call center stressors. The Cloud is the ability to host a software platform or service from a remote location that can be freely accessed and used anywhere via internet access. The Cloud shall have built-in geographic resiliency and security (the most recent call center standard must be applied), mitigate the risk of downtime, and protect sensitive data.

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1.3.1.3 Backup - Robust range of offsite and hybrid cloud-based data protection solutions for backup, retention, and retrieval.

1.3.1.4 Disaster Recovery (DR) as a Service - Cloud enabled DR solutions to help ensure speed and ease of cloud recovery.

1.3.1.5 Upon County's request, Contractor shall provide the County a list and describe the redundant, scalable, cloud-based call center technologies Contractor currently uses to continue providing services despite system stressors.

1.3.1.6 Contractor shall use a variety of digital resources i.e. computers, phones, faxes, etc. to inform and guide callers. Contractor shall submit reports of issues to Hillsborough County staff and requests that require the County government and/or its emergency response partners to follow up.

1.3.1.7 Contractor shall accurately handle calls of various types, including but not limited to, public shelter activities, general public transportation, transportation for people with disabilities or medical needs, evacuation zones and requirements, and damaged structures and infrastructure, etc.

1.3.1.8 Contractor shall use the provided digital resources to accurately refer callers to the appropriate organization when contacted about matters outside the County's jurisdiction, authority, or scope of services.

1.3.1.9 The County-provided digital resources Contractor shall use may include, but are not limited to, knowledge materials, scripts, ticketing/service request systems, scheduling tools, problem/question submission forms, email, mapping tools (to verify evacuation zone or jurisdiction, for example).

1.3.1.10 Contractor's documentation, such as electronic forms and ticketing systems, shall be descriptive. The documentation shall be written in third person, accurate, complete, and in clear sentences. All required questions and answers listed for each event type must be documented in the issue description field of the reporting system. All call documentation shall be required in English.

1.3.1.11 Contractor shall communicate professionally both orally and in writing when communicating with both the County and external customers, ensuring they provide accurate and verified information. Agents should not respond to requests outside the scope of their role.

1.3.1.12 When activated for disaster response, the Contractor shall provide the personnel as follows:

1.3.1.12.1 Account Manager - (a designated point of contact) that is available 24 hours a day seven (7) days a week to speak with designated County staff, to troubleshoot challenges, and to receive and process

ITB-26-00042 Page 5 revisions or additions to resources or procedures. The Contractor shall provide contact and shift information for these individuals, as well as their upper management.

1.3.1.12.2 Dedicated Supervisor Support - Supervisor devoted to the emergency management event, which shall not supervise any other project for the duration of the event. The Dedicated Supervisor shall provide oversight of agents working in the call center.

1.3.1.12.3 National Client Solutions Management Oversight, Dedicated Solutions - Dedicated to the Emergency Management event and shall not manage any other projects for the duration of the event. They shall provide the daily management and oversight of the program and conduct quality control to ensure compliance with the contract.

1.3.1.13 Contractor shall ensure their agents are able to adapt to the changing call types, that could vary from concerned to critical.

1.3.1.14 Contractor shall manage inbound calls in English and Spanish.

Operations shall be at any time deemed necessary by the County. This may result in continuous operations 24 hours a day, seven (7) days a week, including holidays, and for any length of time, depending on the nature of the disaster event.

1.3.1.15 Contractor shall manage calls in both English and Spanish and provide the related call routing/queueing. If service in other languages is needed and the Contractor can provide it, the County shall give the Contractor access to an interpretation service.

1.3.1.16 Contractor shall provide two (2) toll-free vanity numbers, subject to the County's approval, to receive inbound calls on the County's behalf.

1.3.1.17 Contractor shall record and implement up-front and hold messages in both English and Spanish as needed by the County. All messages and menu options are subject to change as needed; the County shall provide pre-recorded files to the Contractor or shall provide approved scripts for the Contractor to record. The Contractor's recordings shall sound professional, meaning clear and concise communication with clarity in tone and be free of background noise.

1.3.1.18 Contractor shall answer an average of 94 percent of calls presented. The County will provide Management oversight of Call Center deliverables to ensure the 94 percent average is needed. It is imperative that all calls be answered in a timely (two (2) to four (4) minutes) manner. The County recognizes there are reasonable limits to the number of calls that can be answered at one time, and that several factors shall be considered when balancing staffing levels with

ITB-26-00042 Page 6 service levels. The County shall partner with the Contractor to provide insight for workforce management decisions.

1.3.1.19 Contractor shall have a vulnerability management program in place 30 days after contract award.

1.3.1.20 Contractor shall have a plan for mitigating data breach and a plan of action in the event one occurs.

1.3.1.21 Contractor shall have security and backup processes to manage and respond to calls as described in these specifications, including high volume scenarios.

1.3.1.22 The call handling software included shall have call queuing and capability to host recorded messages.

1.3.1.23 Call queue shall be able to handle at least 7,500 concurrent calls without callers experiencing fast-busy signals, dropped calls, or other service disruptions.

1.3.1.24 Contractor shall provide multiple skill groups or queues upon request.

1.3.1.25 The hold pattern shall be capable of including pre-recorded informational messages as specified by the County.

1.3.1.26 Call hold pattern shall be capable of including audio prompts to indicate approximate wait time or place in queue and shall have the ability to be customized or changed as needed.

1.3.1.27 Upon County's request, Contractor shall provide the County a list detailing the city and state of each of the Contractor's facilities that Contractor intends to support the County's scope of work and requirements and describe how Contractor shall use these sites to scale according to the County's disaster response needs.

1.3.2 Training and Quality Assurance Requirements

1.3.2.1 Contractor's representative or onboarding team shall meet virtually with the County team to learn the County's disaster response program. The Contractor shall then train its agents monthly.

1.3.2.2 Contractor shall continuously maintain 100 trained agents during the life of the resulting contract to support the County's required level of readiness.

Newer agents (those with less than 30 days of experience) must have completed the initial training and an additional eight (8) hours of practice prior to handling live calls.

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1.3.2.3 Each agent shall receive an initial training on the entire program within the first ten (10) business days that includes a review of all knowledge resource materials, videos, and training modules. Each agent shall participate in a minimum of a one (1) hour refresher training each month. Refresher training should result in completion of 5-10 practice entries.

1.3.2.4 New agents added to the County's program shall be provided initial training within ten (10) business days, or immediately if onboarded during a disaster activation. The County is not responsible for initial training costs incurred by the Contractor due to agent/staff turnover.

1.3.2.5 Refresher training shall be a mix of simulated and previously recorded calls received during activation provided by the County. The County shall edit or provide new scripts, modules, or training tools for the Contractor's use, which should be implemented as soon as possible and before the next training cycle, when training materials are modified or updated. Training exercises shall not be in the form of copying and pasting previously documented calls, cases, or events.

1.3.2.6 Contractor shall provide ongoing evidence or documented records to designated County staff that the training program is effective. The training program shall be satisfactory to the County for the Contractor to remain in good standing throughout the term of the resulting contract. Evidence of effective and accurate training shall include some or all of the following, but is not limited to, recordings of appropriately handled practice calls, screen capture of appropriate agent activity while handling practice calls, and appropriate entries in the ticketing systems of the practice calls. Evidence of training efficacy shall represent all agent activity, not just that of high-performing agents.

1.3.2.7 Contractor shall provide County staff monthly emailed or uploaded reports documenting the training time spent, and type of training activities undergone, and any identified incorrect entries made in the reporting software during practice sessions, for each agent (by name) assigned to the County's disaster response call center program. Training reports shall be documented and kept on file monthly when the Contractor is not activated to handle the County's disaster calls, and daily during disaster activations.

1.3.2.8 While activated for a disaster response event, the Contractor shall monitor calls for quality assurance, and coach agents for proper call handling immediately when errors are encountered. Daily reports shall be provided to County staff of all calls and documentation that were monitored and the coaching provided.

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1.3.3 Reporting Requirements

1.3.3.1 Contractor shall be required to maintain records of all calls (inbound and outbound) throughout the term of the resulting contract and retain these records, for inspection by the County, for a period of five (5) years from the date the resulting contract is awarded.

1.3.3.2 Contractor shall provide automated electronic reports at intervals agreed upon by the County to document the following details; per minute, per hour, per day during the current month, and per month during the current year.

Historically, the County has requested reports be sent every hour during an emergency activation with the following attributes:

1.3.3.2.1 Total number of calls presented.

1.3.3.2.2 Total number of calls answered.

1.3.3.2.3 Percent of calls handled.

1.3.3.2.4 Average talk time.

1.3.3.2.5 Average handle time.

1.3.3.2.6 Average Speed of Answer.

1.3.3.2.7 Total Handle Time.

1.3.3.2.8 Longest waiting call.

1.3.3.2.9 Number of calls answered within 30 seconds, 60 seconds, and 90 seconds of being in queue.

1.3.3.2.10 Quantification of the number of agents logged in to handle calls.

1.3.3.3 Contractor may be required to send reports by email, fax, mail, etc. to more than one point of contact. Contacts may change over time.

1.3.3.4 On occasion, for quality assurance or to troubleshoot complaints or concerns brought to the County's attention, the County may request copies of call recordings. Contractor shall provide the County with specified call recordings within one (1) business day of the County's request. The County shall provide enough information for the Contractor to be able to identify the recording(s) being requested, such as the date and approximate time of the call, the caller's phone number, and/or the name given to the agent(s) who handled the call(s).

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1.3.4 Security Requirements

1.3.4.1 The Contractor shall follow the County's account management and security practices for any accounts set up to perform services within the County's systems.

1.3.4.2 Contractor shall ensure that any personal information intercepted in the course of call handling is treated in accordance with applicable laws and that agents are trained accordingly.

1.3.4.3 All Contractors employees, subcontractors and or temporary staffers with access to Hillsborough Count data are required to pass a minimum background check, at their expense, for example, Florida Department of Law Enforcement (FDLE) Level 1.

1.3.4.4 Contractor must currently have risk mitigation policies and procedures in place that, at a minimum, include coverage for the termination or suspension of any agent acting on the bidder's behalf with access to Hillsborough County data.

This includes but is not limited to, employees; subcontractors; and temporary staffing.

1.3.4.5 All nonemployee agents acting on the bidder's Contractor’s behalf must meet all the same requirements as specified for the bidder Contractor. In addition, the bidder Contractor must disclose the Company Name, Service Provided, and Type of Relationship/Contract for all subcontractors, temporary staffers and/or other nonemployee agents.

1.3.4.6 All Hillsborough County data must be stored and transmitted exclusively within the United States.

1.3.4.7 Contractor shall provide the following documentation within five (5) business days upon County request:

1.3.4.7.1 Detailed description of how background checks were

performed on the employees, subcontractors, temporary staffers and nonemployee agents.

1.3.4.7.2 The signed Hillsborough County Acknowledgement of

Responsibilities related to Sensitive/Confidential Information for their employees requiring them to maintain as confidential and not copy or misuse the data in which they have access to.

1.3.4.7.3 The risk mitigation policies and procedures in active use by the Contractor bidder which fully detail the removal of logical access, collection of physical assets, etc. when the employee, subcontractor or temporary staffer separates from the bidders Contractor’s organization.

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1.3.4.7.4 Documentation showing the response and notification procedures to the client when the bidder's network or data has been or is suspect to breach.

1.4. Pricing and Deliverables

1.4.1 Bidders are responsible for considering in their pricing bid all details that affect their cost to provide the service, such as but not limited to, agent time worked, training time for agents and trainers, training, quality assurance, reporting, call routing maintenance, rates for standing by with no calls received, cost for toll free numbers, and all other costs.

The bid line items for this solicitation and resulting contract consists of the following:

1.4.1.1 Two (2) Toll Free numbers monthly fee.

1.4.1.2 Onboarding fee - flat fee.

1.4.1.2.1 NOTE: can be charged to cover Contractor costs entailed with learning the County's tools and procedures and initial agent training. This is a one-time fee for the life of the resulting contract.

1.4.1.3 One Hour per Agent Monthly refresher training - Price per agent per month.

1.4.1.4 Account support fee (includes account manager) - Price per unit of time.

This includes 24 hours a day, seven (7) days a week. A National Client Solutions Manager shall be available to work for the County and no other clients concurrently during a disaster response activation, and account support as needed year-round. Dedicated supervisor support is required at a 1:15 supervisor to agent ratio.

1.4.1.5 Special training fee - Price per agent per hour.

1.4.1.5.1 NOTE: Can be charged if deemed by the County, for training that requires agents to learn entirely new or majorly overhauled systems or procedures. Not to be used to support training due to turnover, which is the Contractors responsibility.

1.4.1.6 Dedicated Agent - Price per hour

1.4.1.7 Dedicated Supervisor Support - Supervisor devoted to the Emergency Management event which shall not supervise any other project for the duration of the event.

1.4.1.8 Account Customization, Programming and Customization - Development of reports, software, and other custom solutions which shall integrate seamlessly

ITB-26-00042 Page 11 with Hillsborough County software and Customer Relationship Management System.

1.4.1.9 National Client Solutions Management Oversight, Dedicated Solutions - Dedicated to the Emergency Management event and shall not manage any other project for the duration of the event.

2. SPECIAL TERMS AND CONDITIONS

2.1 Basis for Award (County’s Best Interest)

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

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

2.2.1 Access to Records and Work Site(s)

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

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

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

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

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

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

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

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

2.2.3 Clean Air Act and the Federal Water Pollution Control Act

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

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

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

2.2.3.4 Clean Air Act

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

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

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

2.2.3.5 Federal Water Pollution Control Act

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

2.2.3.5.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in

ITB-26-00042 Page 13 turn, report each violation as required to assure notification to the County, and the appropriate Environmental Protection Agency Regional Office.

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

2.2.4 Compliance with Federal Law, Regulations, and Executive Orders

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

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

2.2.5 Contract Work Hours and Safety Standards Act

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

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

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

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

ITB-26-00042 Page 14 overtime wages required by the clause set forth in the “Overtime Requirements” paragraph of this subsection.

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

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

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

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

2.2.6 Copeland “Anti-Kickback” Act

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

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

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

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2.2.7 Davis-Bacon Act

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

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

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

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

2.2.8 Debarment and Suspension

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

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

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

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

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

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

2.2.8.6 The Bidder or Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this Offer is valid and throughout the period of any Contract that may arise from this Offer. The

ITB-26-00042 Page 16

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

2.2.9 DHS Seal, Logo, and Flags

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

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

2.2.10 No Obligation by Federal Government

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

2.2.11 Procurement of Recovered Materials

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

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

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

2.2.11.2.2 Meeting Contract performance requirements; or

2.2.11.2.3 At a reasonable price.

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

2.2.12 Program Fraud and False or Fraudulent Statements or Related Acts

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

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

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

2.2.13 Rights to Inventions Made Under a Contract or Agreement

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

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

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

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

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

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

2.3 Insurance, Contractor

See ITB-26-00042 Insurance Requirements Attachment

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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.

2.5 Price Escalation/De-Escalation (CPI)

2.5.1 Any reference in the solicitation to price adjustments or price escalations shall mean price decreases as well as increases unless otherwise stipulated. Unit prices or rates in contracts that are longer than twelve (12) months and include a provision for price adjustments based on movement in the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (CPI-U) (1982 84=100) may be adjusted annually. The awarded unit prices or rates will be effective for one (1) year beginning on the date of purchase order issuance or contract effective date, whichever is later. The awarded vendor may request unit price or rate adjustments no later than 30 days prior to the start of the next

ITB-26-00042 Page 19 contract redetermination period. The unit prices or rates may be adjusted, up or down, based on the percentage movement of the “CPI for All Urban Consumers (CPI-U) 1982- 84=100 (Unadjusted)” posted at https://data.bls.gov/cgi-bin/surveymost?bls.

2.5.2 The baseline index will be the month and year in which the contract begins. The adjustments will not be cumulative and will be computed from the original awarded (base) prices or rates. Adjustments shall be computed using the latest cited CPI-U that is published and available on the date the County receives the adjustment request in writing. The unit price(s) changed as a result of these adjustments shall become effective on the first day of the next contract redetermination period. Adjustments will not be retroactive or prorated. If an adjustment is requested during the term of the contract, the County reserves the right to also request an adjustment in the same prescribed manner, especially if the CPI-U decreases and it is deemed to be in the County's best interest. Price adjustments shall be accomplished using the simple percentage method, which will adjust the base rate by the same percentage as the percent change in the CPI- U. Following is an example of the calculation:

Calculation Example

CPI2 = CPI-U at time of adjustment calculation (May 2019): 146.8

CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 1.023

Base rate: $1,000.00

Multiplied by 1.023

Equals adjusted rate $1,023.00 https://data.bls.gov/cgi-bin/surveymost?bls

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For subsequent years, the base rate (CPI1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

CPI2 = CPI-U at time of adjustment calculation (May 2020): 140.6

CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 0.980

Base rate: $1,000.00

Multiplied by 0.980

Equals adjusted rate $980.00

2.5.3

2.6 Purchase Order/Contract

By submitting an Offer, the Bidder/Proposer declares that it understands and agrees that Bidder’s/Proposer’s Offer in addition to the Specifications, the Instructions, the General Terms and Conditions, the Special Terms and Conditions, the Insurance and Bond requirements, any Amendment(s) issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by the Board of County Commissioners (if applicable), upon approval of the contract award by the County Administrator (if applicable), or upon the County’s issuance of a Contract Purchase Agreement, Blanket Purchase Agreement, or Purchase Order, whichever occurs sooner.

2.7 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a three (3)-year period (ending on the last day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA).

2.8 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.

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

All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Solicitation Document. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County. Members will issue their own purchase orders, issue payments and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies:

Children’s Board of Hillsborough County

City of Plant City

City of Tampa

City of Tampa Housing Authority

City of Temple Terrace

Clerk of the Circuit Court

Expressway Authority

Hillsborough Area Regional Transit Authority

Hillsborough County Aviation Authority

Hillsborough County Board of County Commissioners

Hillsborough Community College

Hillsborough County School Board

Hillsborough County Sheriff

Property Appraiser

State Attorney’s Office

Supervisor of Elections

Tampa Palms Community Development District

Tampa Port Authority

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Tampa Sports Authority

Tax Collector

2.10 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.

2.11 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.

2.12 Travel Reimbursement

Travel reimbursement expenses must be pre-authorized by the Department Director and be consistent with and be reimbursed in accordance with the County's Policy for Authorization and Reimbursement for Travel and Section 112.061 Florida Statute.

3.0 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.

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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…