8-ITB-26-00196 Security Access Controls Cameras.pdf

Invitation to Bid Security Access Controls Cameras

ITB-26-00196

ITB-26-00196 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00196

SOLICITATION TITLE: Security Access Controls Cameras

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from a qualified Contractor to provide installations, inspections, testing, preventative maintenance, and repair of the closed-circuit surveillance systems, access control systems, and intercom systems for multiple Hillsborough County Water Resources Department facilities. The contract resulting from this solicitation document will be in effect for five (5)-year period.

DUE DATE & TIME: April 6, 2026, 2:00 PM Eastern Time (our clock)

ISSUING DEPARTMENT DIRECTOR:

The Director of Procurement is considered the issuing department director for the purpose of Section 2-567(c) of the Hillsborough County Procurement Protest Policy and Procedures Ordinance.

BID SUBMISSION: The County will only accept bids submitted through its electronic bidding system (Euna Procurement). Bids that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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

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

• To be given consideration, such requests must be received no later than 10 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

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

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

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00196 Insurance Requirements Attachment and Special Terms and Conditions.

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

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

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

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DIGITAL ACCESSIBILITY COMPLIANCE:

Any and all information and communications technology developed, provided, procured, maintained, or otherwise made available under this Contract and intended for public access or use, shall comply with various accessibility standards. Please see General Terms and Conditions for complete details and requirements.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Water Resources Department is seeking competitive sealed bids from a qualified Contractor to provide installations, inspections, testing, preventative maintenance, repair of the closed-circuit surveillance systems, access control systems, and intercom systems for multiple Hillsborough County Water Resources Facilities. Currently, the Department owns over 300 cameras on Milestone video management software and over 30 access control panels on Software House. Refer to Attachment A for a list of Hillsborough County Water Resources Department facilities locations.

1.2. Minimum Qualifications

1.2.1 The Bidder/Proposer or principal thereof shall demonstrate successful recent experience in providing substantially similar services, preferably to municipalities, counties and/or other public/private agencies. They shall be currently certified by the software and equipment manufacturers to install, configure, and provide preventative maintenance and service on the following types of equipment:

1.2.1.1 Closed Circuit Television (CCTV) Equipment

1.2.1.1.1 Milestone Video Management Systems (VMS)

1.2.1.1.2 Axis IP indoor and outdoor cameras

1.2.1.2 Access Control Equipment

1.2.1.2.1 Software House access control systems software and access controllers

1.2.1.2.2 Lenel and Software House badge access hardware

1.2.1.2.3 Bosch and other request to exit devices

1.2.1.2.4 Push to exit devices

1.2.1.2.5 Hanchett Entry Systems (HES) electric strikes and other electric door actuators

1.2.1.2.6 Von Duprin panic hardware

1.2.1.2.7 New components must match existing equipment installed (brand names mentioned above).

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1.2.1.3 Intercom Equipment

1.2.1.3.1 Axis 2N

1.3. Minimum Requirements

1.3.1 The Contractor shall provide all required maintenance to support ancillary systems and hardware services. The Contractor shall provide system software, firmware, hardware upgrades, and any additional internal security requirements that are compatible with existing system equipment and components requested by the County.

The Contractor shall also provide documentation for any new system upgrade for additional evaluation and approval before any work is performed. Except as otherwise provided herein, the Contractor shall provide all labor, tools, vehicles, fuel, equipment, parts, supplies, and materials necessary to accomplish the Scope of Work (SOW) contemplated herein in a timely manner.

1.3.2 Materials and parts provided shall meet or exceed the original equipment manufacturer (OEM). Materials and parts damaged or not OEM upon receipt shall be exchanged within 24-hours' notice to the Contractor at no additional charge to the County. Reconditioned/remanufactured parts shall not be used without prior written approval by the Project/Contract Manager.

1.3.3 The components may be replaced as repair parts when they are deemed to be beyond economical repair by the Contractor. Such replacements require prior written approval by the Project/Contract Manager. Changes to any work already authorized shall be revised accordingly and approved by the Project/Contract Manager.

1.3.4 The Contractor shall provide all documentation and warranty paperwork for any new system upgrade and additions to the County for evaluation and approval prior to any work being performed.

1.3.5 The County shall be the sole judge of the sufficiency of workmanship and quality of materials.

1.3.6 The Contractor shall provide all labor, tools, equipment and transportation to and from each location within the County.

1.3.7 The Contractor shall maintain enough quantity of parts and parts availability to adhere to all requirements described herein and be able to repair common service issues in one visit.

1.3.8 The County shall not be charged on any callback reoccurring breakdowns; if the County makes a determination that the Contractor did not provide specific parts and equipment requested or provided insufficient, inadequate parts, and/or equipment and repairs, the Contractor shall respond back to the County on all callbacks the next business day. If the Contractor fails to provide necessary equipment replacement or repairs within

ITB-26-00196 Page 6 the required callback period, as determined by standard or emergency response times, the County reserves the right to utilize any and all options available, including but not limited to, termination for convenience.

1.3.9 The Contractor shall self-perform and have their own technicians to meet the obligations under this agreement.

1.3.10 The Contractor's employees shall have an identification card that includes a picture of the employee and lists the employee's name while on Hillsborough County sites. The Contractor's employee shall wear a uniform shirt identifying the Contractor's company name.

1.3.11 The Contractor shall ensure that each of its representatives who operate a motor vehicle in performance of the Contractor's responsibilities hereunder is properly licensed by the State of Florida for the operation of that vehicle.

1.3.12 The Contractor shall furnish all vehicles necessary to perform the work contemplated herein in a timely manner. The Contractor shall maintain all vehicles utilized in performing the required services in good mechanical condition and shall ensure that all vehicles clearly display the Contractor's company name and/or logo.

1.3.13 The Contractor shall create an internal work order for each service and shall obtain a signature from an on-site County employee at the conclusion of the work acknowledging the Contractor's staff was on-site.

1.3.14 The County may request that a Contractor's employee no longer perform services contained herein.

1.3.15 The Contractor shall employ all reasonable measures necessary to ensure the safety and protection of the persons and property during its performance hereunder.

1.3.16 The Contractor shall immediately report to the Project/Contract Manager all injuries and property damage resulting from the Contractor's performance hereunder.

Unless advised otherwise by the property owner or the owner's representative, the Contractor shall correct all property damage at no cost to the County and/or property owner.

1.3.17 The Contractor shall provide all system upgrades or additions necessary for any additional internal security requirements which are requested by the County. System upgrades and/or additions shall be compatible with existing system equipment.

1.3.18 The Contractor is responsible for providing a fixed price to include all associated cost. Freight shall be Free on Board (FOB) to the shipping address requested by the Project/Contract Manager. The Contractor shall be responsible for all freight charges.

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1.3.19 The Contractor will provide a quote estimate for service requested within five (5) business days of County’s request. Estimates will be best effort based on information provided by the County and/or troubleshooting performed by the Contractor at no additional cost to the County.

1.3.20 Investigating Labor Fee refers to labor used for the inspection and assessment of existing installations to provide a comprehensive quote for access control or camera system repairs and installations.

1.3.21 Networking and Programing Labor Fee refers to labor required for the configuration of network and access control settings for cameras and related equipment.

1.3.22 Labor Hours

1.3.22.1 All regular inspections, maintenance services, and repairs shall be performed by the Contractor during normal business hours, between 7:30 A.M.

and 5:00 P.M., Monday through Friday, excluding the County holidays and weekends.

1.3.22.2 Due to the potential for unforeseen operational issues, the County reserves the right to cancel a service request at any time up to and to include arrival at the service location at no cost to the County. The County shall endeavor to minimize cancellations of service; therefore, under no circumstance will the Contractor fail to arrive at the service location as requested. A documented pattern of complaints received by the County regarding the Contractor not arriving at the service location, or excessive tardiness may result in termination of the awarded contract.

1.3.22.3 The Contractor shall have on-site technicians in accordance with the following standard service levels and priority requirements:

1.3.22.3.1 Emergency Labor Fee: Work performed within four (4) hours of being notified by phone follow by an email. A purchase order (PO) will be issued to track the request. Used for mission critical service interruptions including but not limited to, inoperability of main or access doors or security critical locations. Inoperability of critical CCTV equipment

1.3.22.3.2 Standard Labor Fee: Work performed within five (5) business days of PO issued, between 7:30 A.M. and 5:00 P.M., Monday through Friday, excluding the County holidays and weekends.

1.3.23 The Contractor shall maintain and supply up-to-date contact information, including email and cell phone numbers,) to the County ensure all service calls are scheduled on a timely manner throughout the term of the contract.

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1.3.24 All other fees and travel expenses (including travel time) are to be included in the applicable hourly labor rate.

1.3.25 Reports

1.3.25.1 The Project/Contract Manager may at any time require the Contractor to report in writing on the status and overall progress of the work with a projection as to whether deliverables will be on time and within budget.

1.3.25.2 The Project/Contract Manager may require the Contractor to provide:

1.3.25.2.1 An overall percentage of completion estimate,

1.3.25.2.2 If behind in the schedule, a proposed recovery plan,

1.3.25.2.3 List of problems and/or anticipated problems,

1.3.25.2.4 Corrective action planned or needed,

1.3.25.2.5 Outline of proposed activities during the upcoming reporting period and

1.3.25.2.6 Any other documentation or data reasonably required to evaluate the Contractor's performance

1.3.26 Proprietorship and Quality Assurance

1.3.26.1 All documents, including but not limited to plans, specifications, maps, evaluations, reports, and technical data, prepared or obtained by or for the Contractor under this Contract are the property of the County without restriction or limitation on their use and shall be made available, upon request, to the County at any time.

1.3.26.2 The Contractor may retain copies of the documents at its sole cost for its files and its internal use.

1.3.27 Trash, Litter and Debris: The Contractor shall remove and legally dispose of all debris resulting from its operations at their expense and at no additional cost to the County unless permission is given by the County's Project/Contract Manager to do otherwise.

1.3.28 Licenses and Permits: The Contractor shall obtain and maintain all applicable licenses and permits, required by the manufacturer of the equipment listed in the bid line table, and at its own expense which are necessary to perform services contemplated in the contract document.

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1.3.29 Warranty

1.3.29.1 All parts and/or the work performed shall be warranted against defects in workmanship for a period of one (1) year, and/or manufacturer's warranty, whichever is longest.

1.3.29.2 Should any defect become apparent during the warranty period, the Contractor shall repair/replace the defective item(s) including labor at no additional cost to the County.

1.3.29.3 All replacement parts shall carry the manufacturer's standard warranty.

1.3.29.4 Warranty documentation shall be provided to the Project/Contract Manager following installation.

1.3.30 Maintenance and Retention of Records: The Contractor shall maintain records of its activities hereunder throughout the contract term and for a period of six (6) years thereafter. The County shall have the right to inspect and copy any such records during regular business hours of such periods as often as the County deems necessary. The County's right to inspect, audit and request a copy of the Contractor's records shall survive the termination of this contract for a period of six (6) years.

1.3.31 Contractors offering technology-based products or services that include systems, hardware, and/or software that will connect to any of the County’s networks, provide services over a network via cloud-based services, and/or access or store County department or agency data will be subject to a cybersecurity review. Such review may include the Bidder/Proposer to complete a cybersecurity questionnaire and participate in interviews with County Information Technology and Cyber Security staff. Prior to contract award, the Bidder/Proposer will be required to demonstrate current compliance with the County’s cybersecurity requirements. Failure to clearly demonstrate current compliance with the County’s cybersecurity requirements will result in the rejection of the Bidder’s/Proposer’s submittal.

1.4. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than five

(5) Days after Contractor's receipt of a Purchase Order from the County, if an item is on backorder a notification shall be provided in written to the PM/CM. The Contractor shall be solely responsible for all freight charges. Offers that propose delivery timelines that do not fall within the aforementioned delivery time frame will be subject to rejection.

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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 to cover material costs required to complete additional types of repairs due to the nature and conditions of the work and unforeseen/unplanned situations and/or events.

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 Insurance, Contractor

See ITB-26-00196 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

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.

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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 Information Technology

2.4.1 Software Licensing Provisions

Unless otherwise proposed, the Standard Software Licensing Provisions below shall apply.

Bidders may include their firms' licensing provisions as an alternative to the Standard Software Licensing Provisions. Bidders are cautioned not to incorporate any terms or conditions into their software license provisions other than those that are customary and/or usual or which result in a modification to their Bid. Such inclusions may result in the rejection of their Bid in its entirety.

2.4.2 Standard Software Licensing Provisions

2.4.2.1 Licensed System, Services: The Contractor/Licensor (Licensor) grants and County accept upon the terms and conditions contained herein, nontransferable license to use of "Licensed System" as herein defined and described. This Licensed System shall be used solely for the County's own purposes. The Licensed System shall include in its meaning any improvements, additions, or modifications of the version or versions of the Licensed System which Licensor has licensed the County to use, and materials, documentation and technical information provided to County in written form and identified in the intent to bid (ITB), for use in connection with the Licensed System. The Licensor further agrees to perform certain services relating to the Licensed System as set forth herein.

2.4.2.2 Payment for Software: The County shall pay the Contractor/Licensor the license fee in full within forty-five (45) days upon delivery of the software and receipt of a proper invoice as defined in the Hillsborough County Prompt Payment Procedures, which are on file at the Board of County Commissioners Accounting Department, County Center, 601 E. Kennedy Blvd., 12th Floor, Tampa, Florida 33602.

2.4.2.3 Copies: The County shall have the right to reproduce for internal use all of the Licensed System and Documentation described in the ITB for its internal users, subject to the requirements on use, disclosure, and proprietary notice set forth herein.

2.4.2.4 Proprietary Information: To the extent authorized by Florida law, the parties agree to take reasonable steps to preserve the confidential and proprietary nature of information provided by the other party. The County shall

ITB-26-00196 Page 12 include and shall not alter, remove, or cancel, any copyright, trade secret or other proprietary notices on the Licensed System.

2.4.3 Negotiations of Software License Provisions

2.4.3.1 If necessary, the County will enter into negotiations of software license provisions with the apparent successful Bidder in order to agree to mutually acceptable provisions. These negotiations shall be limited to a reasonable time period. If in the County’s sole determination, the negotiations exceed a reasonable time period, the County shall terminate the negotiations with the apparent successful Bidder and enter into negotiations with the next lowest bidder.

2.4.3.2 Successive apparent lowest bidder: Upon failure to negotiate mutually acceptable software license provisions, and termination of negotiations with the apparent successful Bidder, the next lowest Bidder will become the new apparent successful Bidder, and the County will enter into negotiations of the software license provisions with this vendor as described in the previous paragraph. This process shall be repeated if necessary to obtain mutually acceptable software license provisions.

2.4.4 Warranties

2.4.4.1 Licensed System; Services: Licensor warrants that, on the Acceptance Date, the Licensed System furnished hereunder shall be free from significant programming errors and from defects in workmanship and materials, and shall operate and conform to the performance capabilities, specifications, functions and other descriptions and standards applicable thereto as set forth in the RFP;

that, in general, the Licensor shall perform the services in a timely and professional manner utilizing qualified professional personnel; and that the Licensed System and service shall conform to the standards generally observed in the industry for similar Licensed Systems and services. If the Licensor allows the County to modify the source code, the County will adhere to the Licensor prescribed procedures for such modifications. The warranty shall not be invalidated if the County modifies the code in accordance with Licensor prescribed procedures.

2.4.4.2 Ownership; Authority: Licensor warrants that it has full power and authority to grant the rights granted by these License Provisions to County with respect to Licensed System without the consent of any other person or entity.

Licensor also warrants that neither the performance of the services by Licensor nor the license to and use by County of the Licensed System and documentation, including the copying of the Licensed System and documentation, will in any way constitute an infringement or other violation of any copyright, trade secret, ITB-26-00196 Page 13 trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party.

2.4.4.3 Compliance with Applicable Laws: Licensor warrants that Licensed System, its license to and use by County, and the performance by Licensor of the services, shall be in compliance with all applicable laws, rules and regulations.

2.4.4.4 Licensor's Fulfillment Of Warranty Obligations: If, at any time during the twelve (12) month period immediately following the Acceptance Date, Licensor or County, or both, discover any defects, errors or non-conformities in the Licensed System or any other respect in which the Licensed System fails to conform to the provisions of any warranty contained in these License Provisions, Licensor shall, at no cost to the County, promptly correct such defects, error(s) or non-conformities by, among other things, supplying the County with such corrective codes and making such additions, modifications, or adjustments to the package as may be necessary to keep the Licensed system in operating order in conformity with the warranties herein.

2.4.4.5 Limited Warranty: Licensor's warranties are limited to those set forth in this agreement and do not include any other express or implied warranties, including implied warranty of merchantability and fitness for a particular purpose.

2.4.4.6 Limitation of Liability: In no event shall Licensor be liable for any indirect, exemplary, incidental, or consequential damages arising out of or otherwise relating to the use or performance of the System or any components thereof, however caused, even if Licensor has been advised of the possibility or likelihood of such damages.

2.4.5 Improvements; Modifications

2.4.5.1 Improvements, which shall mean any additions or modifications made by the Licensor to or in the Licensed System at any time after acceptance testing in the Licensed System, that improve the efficiency and effectiveness of the basic program function(s) described in the RFP and which do not change such function(s) or create one or more new ones, shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

2.4.5.2 Program Changes. If, at any time after the Acceptance Date, Licensor shall develop any changes in the Licensed System which affect the basic program, function(s) of the Licensed System, or adds one or more new ones, these shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

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2.4.6 Indemnification

2.4.6.1 Licensor agrees to defend, indemnify, and shall hold harmless County, its employees and agents from and against any claim, suit, demand, or action alleging that the System or any component thereof infringes a U.S. patent or copyright, or any Trade Secret, or any other intangible property rights of any third party.

2.4.6.2 If a third-party claim seriously endangers or disrupts County's quiet enjoyment and use of the Licensed System, Licensor shall:

2.4.6.2.1 replace the Licensed System, at no additional charge, with a compatible, functionally equivalent and non-infringing product, or

2.4.6.2.2 modify the Licensed System, without additional charge, to avoid the infringement, or

2.4.6.2.3 if approved by the County, obtain a license for the County to continue the use of the Licensed System for the term of these License Provisions and pay all additional fee(s) necessary to acquire such license up to $1,500,000.00.

2.4.6.3 Source Code: Upon the occurrence of a Source Code Delivery Event, Licensor shall deliver to County a full and complete set, for the most current version of each of the Computer Program(s), of source code on computer magnetic media; all necessary and available information, proprietary information, and technical documentation that shall enable County to create, maintain and/or enhance the licensed material without the aid of Licensor or any other person or reference to any other materials; maintenance tools (test programs and program specifications); proprietary or third-party systems utilities (compiler and assembler descriptions); description of the system/program generation; and descriptions and locations of programs not owned by Licensor, but required for use and/or support. The license granted hereunder includes the right, exercisable upon such delivery, to use such materials for purposes of County's providing internally, or procuring from Permitted Contractors, such maintenance and support as County may require with respect to the Computer Program(s) and, as incident thereto, to copy and modify the Computer Program(s) in support of the authorized uses of the Computer Program(s).

For purposes of these Provisions, "Source Code Delivery Event" means the combination and completion of the following:

2.4.6.4 County encounters Licensor's inability or failure to correct material error(s) in the Computer Program(s) for any reason, or otherwise to carry out in

ITB-26-00196 Page 15 any material respect the maintenance or support obligations set forth in these Provisions for any reason; or

2.4.6.5 Licensor files a petition in bankruptcy or petition to take advantage of any insolvency action, makes an assignment for the benefit of its creditors, consents to the appointment of a receiver for itself or the whole or substantially all of its property, is adjudicated a bankrupt on a petition in bankruptcy filed against it, files a petition or answer seeking reorganization or arrangement or other aid or relief under any bankruptcy or insolvency laws for the relief of debtors, or is the subject of an order, judgment, or decree entered by a court of competent jurisdiction appointing a receiver for Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor seeking reorganization or arrangement of Licensor under any bankruptcy or insolvency laws or any other law for the relief of debtors; and

2.4.6.5.1 The County has notified Licensor by certified mail of the occurrence of such an event described above and has demanded that Licensor deliver the Source Code for all Computer Program(s); and Either

2.4.6.5.2 Licensor has failed to file, within ten (10) Days after receipt of such notification, an affidavit, or declaration with County by an officer of Licensor stating that the event described in item (1) and specified in such notification has not occurred or has been cured; or

2.4.6.5.2.1 an affidavit or declaration stating that such event has not occurred or has been cured is filed, either

2.4.6.5.2.2 Licensor subsequently accepts County's demand

notwithstanding Licensor's prior opposition, or

2.4.6.5.2.3 a court of competent jurisdiction subsequently determines that an event described in item (1) above has in fact occurred and has not been cured.

2.5 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.

2.6 Price Escalation/De-Escalation (CPI)

2.6.1 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

ITB-26-00196 Page 16 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 (contract redetermination period). 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 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.

2.6.2 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 https://data.bls.gov/cgi-bin/surveymost?bls

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Equals adjusted rate $1,023.00

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

2.7 Purchase Order/Contract

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

2.8 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a five (5)-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

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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

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.

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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.

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.

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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 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.

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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.

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.

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3.22 Invitation To Bid

“Invitation to Bid” shall mean the Solicitation Document issued by the County for the goods, Services and/or Work specified herein; and shall include the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, and all Amendment(s) issued.

3.23 Minimum Specifications

"Minimum Specifications" shall mean the portion of the Specifications that address the technical requirements of the Work to be performed under this Contract including materials, equipment, and workmanship.

3.24 Modification Agreement

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

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

3.25 Notice

"Notice" shall mean a written notice for the County and the Contractor as set forth in this Solicitation Document and/or the Contract Documents.

3.26 Notice of Award

"Notice of Award" shall mean the written notice given by the County to the Successful Bidder/Proposer that said Bidder/Proposer has been selected by the County to provide the goods/Services and/or perform the Work specified in this Solicitation Document.

3.27 Notice to Proceed

"Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Proposer and/or Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Proposer and/or Contractor to provide the goods and/or Services specified in the Contract Documents.

3.28 Offer(s)

"Offer(s)" or "Bid(s)" or "Proposal(s)" or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Offeror submitted on the prescribed forms setting forth the prices for the Work to be

ITB-26-00196 Page 23 performed, along with all other documents submitted by the Offeror in response to this Solicitation Document.

3.29 Offeror

"Offeror" shall mean any person, partnership, corporation or other entity or organization that has submitted an Offer, Bid, or Proposal to the County in response to a procurement solicitation issued by the County to provide equipment, supplies, materials, or Services.

3.30 Project

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

3.31 Project Manager

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

3.32 Proposal(s)

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

3.33 Proposer

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

3.34 Purchase Order

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

3.35 Quote(s)

"Quote(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Proposal(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all…