7-ITB-26-00150 Portable Toilet Rental and Maintenance Services.pdf

Invitation to Bid Portable Toilet Rental and Maintenance Services

ITB-26-00150

ITB-26-00150 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00150

SOLICITATION TITLE:

BRIEF DESCRIPTION:

DUE DATE & TIME:

BID SUBMISSION:

TIMELINESS:

Portable Toilet Rental and Maintenance Services

The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from qualified Contractors for the rental and maintenance of portable toilets and sanitizing stations at various County locations for a two (2) year term.

March 11, 2026, 2:00 P.M. Eastern Time

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.

To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com

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• 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- 00150 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: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

The Hillsborough County Parks and Recreation Department (PRD) seeks a qualified, competent, and professional Contractor from which to rent portable toilets and sanitizing stations. The Contractor shall provide ongoing and as-needed delivery and removal, cleaning/sanitizing, and maintenance of portable toilets, portable sanitizing stations, and related items/materials. Listed quantities are estimated only, subject to change, and reflective of a two (2) year term.

1.2. Applicable Publications and Terminology

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

1.2.1 Florida Administrative Code 64E-6.0101. Portable Restrooms and Portable or Stationary Holding Tanks. https://flrules.org/gateway/ChapterHome.asp?Chapter=64E-6

1.2.2 Hillsborough County Ordinance 06-23 Article III. HAND SANITIZERS IN PORTABLE RESTROOMS. See Attachment A of this solicitation.

1.2.3 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Administration (OSHA) Occupational Safety and Health Standards.

https://www.osha.gov/laws-regs/regulations/standardnumber/1910

1.2.4 Americans with Disabilities Act, Article III. 2010 ADA Standards for Accessible Design. https://www.ada.gov/law-and-regs/design-standards/2010-stds/

1.2.5 Terminology

1.2.5.1 Very Good Condition: for portable toilets or sanitizing stations means that the portable toilet or sanitizing station shall be free of dents, cracks, punctures, rodents or varmint, and insects/insect nests (i.e. cobwebs, wasp nests, bird nests, anthills, etc.)

1.2.5.2 Standard Portable Toilet: a transportable, self-contained static of flush-type toilet comprised at least of a waste storage receptacle, a riser, a toilet seat, and a protective enclosure.

1.2.5.3 Handicap-Accessible Portable Toilet: any portable toilet which meets or exceeds the requirements of the 2010 ADA Standards for Accessible Design, as outlined by 29 CFR 1910.

https://flrules.org/gateway/ChapterHome.asp?Chapter=64E-6 https://www.osha.gov/laws-regs/regulations/standardnumber/1910 https://www.ada.gov/law-and-regs/design-standards/2010-stds/

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1.3. Minimum Qualifications

1.3.1 The Bidder/Proposer or principal thereof shall demonstrate recent successful and verifiable experience providing services substantially similar in scope, volume, and complexity to those described in this solicitation.

1.3.2 The Bidder/Proposer or principal thereof shall have an established office location and/or operational facility to respond and provide services within the timeframes detailed in this specification when contacted by the County.

1.3.3 The Bidder/Proposer or principal thereof shall possess a valid and current permit issued by the State of Florida Department of Health and shall maintain this permit for the entire Contract term.

1.4. Minimum Requirements

1.4.1 The Contractor must have a substantial supply of portable toilets to accommodate the County’s supply needs, as well as all required personnel, equipment, tools and materials to successfully accomplish the required services for the entire duration of the Contract. The County reserves the right to inspect equipment at any time, before and/or subsequent contract Award. The County Project Manager shall decide if the Contractor’s equipment, tools, and supplies are adequate to meet the needs of the County. The County reserves the right to reject any bid/proposal that fails to successfully demonstrate, to the County’s satisfaction, the possession of required equipment, tools, and supplies.

1.4.2 The Contractor shall make available to the County portable toilets and sanitizing stations, including Standard Portable Toilets as well as Handicap Accessible Portable Toilets, which meet or exceed the requirements set forth in 29 CFR 1910.

1.4.3 Portable toilets and sanitizing stations shall be in very good condition, clean and presentable to the public. Additionally, each portable toilet shall:

1.4.3.1 Have a functional, lockable door and proper ventilation;

1.4.3.2 Be adequately supplied with toilet paper and chemicals to dissipate odors;

1.4.4 Have an operable hand sanitizer dispenser inside the unit or outside in the immediate area (within a 6’ radius), in order to comply with Hillsborough County Ordinance 06-23 Article III. For the full text of this ordinance, please see Attachment A.

1.4.5 The Contractor shall bid monthly (1st to 31st) and daily rental rates for all commodities requested herein. All process quoted are to be free-on-board at the requested delivery location or work site (F.O.B. Destination). The Contractor shall not impose additional charges, surcharges or fees for freight, shipping and/or handling, fuels

ITB-26-00150 Page 5 or other related costs. The County shall not pay any taxes or fees imposed by other agencies.

1.4.6 Bid prices shall be inclusive of all costs associated with packaging, freight, delivery, unloading, cleaning, maintenance, and retrieval of all portable toilets and sanitizing stations.

1.4.7 All necessary overhead costs, labor, personnel, vehicles, tools, materials, equipment, and hand sanitizing dispensers (with hand sanitizer solution) etc., needed to successfully perform and complete the services outlined herein shall be included in the Contractor’s quoted prices and shall not be paid separately by the County.

1.4.8 There shall be no minimum order restrictions on this Contract. Services shall be requested as needed and shall be restricted to budgetary provisions.

1.4.9 Portable toilets and sanitizing stations rented monthly shall be thoroughly cleaned, inside and outside, fully stocked, and pumped no less than three (3) times per week, but may be pumped more often if needed, as directed by the County Project Manager or Designee. Portable toilets and sanitizing stations that are rented daily shall be thoroughly cleaned inside and out, fully stocked, and pumped once per day, or as directed by the Project Manager or Designee.

1.4.10 The Contractor shall ensure the proper handling and disposal of all waste materials from the rental units in compliance with all applicable County, State and Federal laws and/or regulations. The Contractor shall provide monthly reports in an approved format demonstrating compliance with appropriate disposal requirements. The report shall clearly indicate what site the waste was disposed of to include date and time. The Contractor shall furnish evidence of such disposal with monthly reports without deviation.

1.4.11 All Contractor personnel assigned to County projects shall undergo a Level II background screening pursuant to the Jessica Lunsford Act. Screening results shall be submitted to the County Project Manager and Contract Manager prior to the commencement of any work under this Contract. All costs associated with background screenings shall be paid at the Contractor’s expense.

1.4.12 When on County premises, each of the Contractor’s personnel shall wear an identification card issued by the Contractor bearing the Contractor’s name, a picture of the employee, and the full name of the employee. The Contractor’s personnel shall also be required to wear a uniform shirt identifying the Contractor’s name and logo while on County premises.

1.4.13 The Contractor’s personnel shall comply with applicable Occupational Safety and Health Administration (OSHA) standards (https://www.osha.gov/law-regs.html). The County reserves the right to dismiss from County premises any of Contractor’s personnel

ITB-26-00150 Page 6 who demonstrate inappropriate, questionable, and/or unprofessional behavior. The County reserves the right to refuse compensation to the Contractor that’s personnel demonstrated inappropriate, questionable, and/or unprofessional behavior which resulted in their dismissal from the County premises.

1.4.14 The Contractor shall not be permitted to subcontract any part of this award.

1.4.15 The Contractor shall provide notice of any and all equipment/material shortages at the time an order is received. The Contractor shall provide same day notice to the Project Manager or Designee so that arrangements can be made to obtain the necessary supplies through other means.

1.4.16 Substitutions may be made only in the event that an item is not available, and the Contractor must receive written permission from the Project Manager or Designee prior to any substitution being made. If a higher priced item is used to fill an order, the County will be invoiced at the original Contract rate for the item that was unavailable, rather than the cost of the higher-priced item. Payment for substitutions shall not be made without approval of the use of substituted items in writing from the Project Manager or Designee.

1.4.17 All portable toilets, sanitizing stations, and related equipment/materials shall comply with the latest industry standards, as well as all city, County, state and federal regulations/ordinances.

1.4.18 The County may, at its discretion, reject any products that do not conform to the Specifications of the Contract. The Contractor shall be responsible for all charges for the return of any rejected products; products delivered and rejected in whole or in part may, at the County’s discretion, be returned to the Contractor or held for disposition at the Contractor's expense.

1.4.19 Emergency requests

In the event of an emergency, as determined by the County Project Manager or Designee, the Contractor shall respond and deliver the requested equipment to the required sites within three (3) hours of receiving the request in writing or via telephone. Emergency requests may occur at any time, including weekends and County holidays. The Contractor shall be responsive to the County, especially regarding emergency requests. Included in the bid documents is a line item for Emergency Occurrences; the Contractor shall bid for the expeditious response only, not for any portable toilets, sanitizing stations, equipment or materials needed. The materials needing to be furnished will be requested in an emergency request along with the Emergency Occurrence price, at the prices agreed upon in the resulting Contract.

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1.4.20 Damages

1.4.20.1 The Contractor shall alert the County in writing to any damages caused either directly or indirectly by their personnel within 24 hours of such damages occurring. The Contractor shall be financially responsible for any and all damages to County, other public, or private property due to incompetence, deliberate or malicious actions, and/or honest mistakes. The Contractor shall pay to correct damages and/or make repairs at the discretion of the Project Manager or Designee and to the satisfaction of the County. The County reserves the right to hire another contractor to or have County personnel correct damages and deduct the costs of such corrections from any pending payments to the Contractor.

Should the Contractor not respond within 24 hours regarding any damage claim, the County reserves the right to contact the Contractor’s insurance company to resolve a damage claim.

1.4.20.2 The Contractor shall be responsible for any vandalism, theft, or other damage to its portable toilets, sanitizing stations or other equipment/materials when they are in the County’s possession.

1.5. Errors/Omissions in Specifications

The apparent silence of these Specifications and any Addenda regarding any details or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best and legal commercial practices are to prevail, and that only materials and workmanship of the finest quality are to be used. All interpretations of these Specifications shall be made on this basis.

1.6. Shipping and Delivery

1.6.1 The Contractor shall ensure that deliveries are made Sunday through Saturday between the hours of 6:00 AM and 8:00 PM Eastern Standard Time (EST), unless otherwise authorized by the Project Manager or Designee. Delivery notification and off-loading coordination shall be mandatory.

1.6.2 The Contractor shall contact the Project Manager or Designee in writing within 24 hours to arrange the delivery of all requested products. Delivery of requested products shall typically be no later than one (1) business day after receiving the corresponding Purchase Order. Offers that propose delivery timelines that do not fall within this delivery timeframe may be subject to rejection.

1.6.3 The Contractor, within one (1) hour of receiving a Purchase Order, shall notify the County of any potential delivery delays.

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1.6.4 Backordered items shall be delivered within three (3) business days of the backorder notification. Backorder notifications shall be submitted to the Parks and Recreation Department’s Project Manager or Designee as soon as possible.

1.6.5 No cancellation of products’ deliveries shall be authorized without an equal and acceptable replacement approved by the County for the term of the Contract.

1.6.6 At no additional cost to the County, the Contractor shall perform additional requests for delivery, pickup, or the relocation of portable toilets or sanitizing stations already on County properties within 24 hours of notification from the Project Manager or Designee.

1.6.7 At no additional cost to the County, the Contractor may be required to secure furnished products with stakes, spikes, or hurricane ties to prevent storm damage, theft, vandalism, destruction, or other damages in certain areas throughout the County. The Contractor may coordinate with the Project Manager or Designee prior to a storm’s arrival to verify that all rentals at County sites are properly secured.

1.6.8 Delivery is not restricted to certain locations and may apply to any location within the borders of the County as requested by the Project Manager or Designee. The Contractor may service other Hillsborough County departments, as needed.

1.7. Invoicing and Payments

1.7.1 The Contractor shall submit an invoice for services and/or commodities monthly and/or immediately subsequent successful completion of the requested services. The Contractor is obligated to submit correct invoices within the County’s Fiscal Year without deviation. The County’s Fiscal Year is from October 1st through September 30th. The Contractor is required to submit invoices for completed work and/or furnished commodities/services on or before the 15th of September for any work performed/commodities furnished between October 1st and September 15th. There will be delays in payment should the Contractor not submit invoices for rendered services and/or commodities by September 15th.

1.7.2 All invoices shall be sent via email to Countyfinanceinvoices@hillsclerk.com or Boccinvoices@hcfl.gov and include the following:

1.7.2.1 Invoices shall be itemized to indicate the name of location, full address, invoice number, invoice date, Contractor name & tax identification number and approved Purchase Order (PO) number.

1.7.2.2 Invoices shall demonstrate description of services provided pursuant to Blanket Purchase Agreement (BPA) Line Items, to include unit of measure, pricing pursuant to the approved contract, quantities utilized and total amount due.

mailto:Countyfinanceinvoices@hillsclerk.com mailto:Boccinvoices@hcfl.gov

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1.7.2.3 Each invoice, memo, and supporting documentation must be a separate attachment.

1.7.2.4 Invoices for services during declared emergency periods shall include the County representative's full name and position title who gave approval for services rendered

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

1.7.4 Invoices should not contain Health Insurance Portability and Accountability Act (HIPAA) protected information, banking account numbers, social security numbers, or other confidential/sensitive information.

1.7.5 Additional information regarding invoice submittal, including email addresses can be found on the County’s Purchase Order (PO) under “Standard Purchase Order Terms and Conditions”.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the amount of $20,000.00, will be added to the total Bid amount for unspecified services, additional related equipment, remedial temporary actions, and/or materials that may be required to successfully accommodate and complete County approved projects as determined by the County Project Manager or Designee, but cannot be defined at this time due to the nature of the Work.

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

2.2 Basis for Award (County’s Best Interest)

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

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

2.3.1 Access to Records and Work Site(s)

2.3.1.1 The Contractor agrees to provide the County, the person and/or entity that is the beneficiary of the commodities, Services or Work that is the subject of

ITB-26-00150 Page 10 this Solicitation Document, the Grant Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

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

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

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

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

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

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

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

2.3.3 Clean Air Act and the Federal Water Pollution Control Act

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

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

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

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2.3.3.4 Clean Air Act

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

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

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

2.3.3.5 Federal Water Pollution Control Act

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

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

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

2.3.4 Compliance with Federal Law, Regulations, and Executive Orders

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

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

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2.3.5 Contract Work Hours and Safety Standards Act

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

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

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

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

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

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

ITB-26-00150 Page 13

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

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

2.3.6 Copeland “Anti-Kickback” Act

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

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

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

2.3.7 Davis-Bacon Act

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

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

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

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

2.3.8 Debarment and Suspension

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

ITB-26-00150 Page 14

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

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

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

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

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

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

2.3.9 DHS Seal, Logo, and Flags

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

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

2.3.10 No Obligation by Federal Government

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

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2.3.11 Procurement of Recovered Materials

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

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

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

2.3.11.2.2 Meeting Contract performance requirements; or

2.3.11.2.3 At a reasonable price.

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

2.3.12 Program Fraud and False or Fraudulent Statements or Related Acts

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

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

2.3.13 Rights to Inventions Made Under a Contract or Agreement

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

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

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

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

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

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

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

2.4 Insurance, Contractor

See ITB-26-00150 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

2.4.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.4.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.4.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.4.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the

ITB-26-00150 Page 17 costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.4.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.5 Jessica Lunsford Act

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

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

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

2.6 Optional Provision for Other Agencies

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

2.7 Purchase Order/Contract

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

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2.8 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a two (2)-year period (ending on the last Business Day of the final month.) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA).

2.9 Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase.

Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

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

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

Children’s Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough County Board of County Commissioners Hillsborough Community College Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney’s Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector

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2.11 Ordering

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

2.12 Termination for Convenience

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

3. DEFINITIONS

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

3.1 Agreement

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

3.2 Amendment(s), Addendum, or Addenda

"Amendment(s)", "Addendum", or "Addenda" shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County, in writing, prior to the Close Date.

3.3 Bid(s), or Bidder's Bid

"Bid(s)", "Bidder’s Bid”, "Proposal(s)", or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

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3.4 Bidder

"Bidder" or "Proposer" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

3.5 Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and any additional terms and conditions of the Contract, if applicable.

3.6 Board of County Commissioners

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

3.7 Bond

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

3.8 Business Day(s)

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

3.9 Change Order

“Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time.

3.10 Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

3.11 Contract or Contract Documents

"Contract" or "Contract Documents" shall mean the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Equal Employment Opportunity and Affirmative Action Requirements, all Amendment(s) issued, the Offer, the Agreement (if applicable), all the attached documents identified in this Solicitation

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Document, all supplementary drawings issued after award of the contract, all Change Orders, all Allowance Authorization Releases, and all provisions required by law to be a part of the Contract Documents, whether actually inserted therein or not.

3.12 Contract Price

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

3.13 Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and additional terms and conditions of the Contract, if applicable.

3.14 Contract Time or Contract Period

"Contract Time" or “Contract Period” shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein.

3.15 Contractor

"Contractor" shall mean the Successful Offeror, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.16 County

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

3.17 County Administrator

"County Administrator" shall mean Hillsborough County's County Administrator, or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator.

3.18 Day(s)

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

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3.19 Designee

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

3.20 Earnest Money Deposit (EMD)

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

3.21 Electronic Bidding System

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

3.22…