Invitation to Bid Delivery of Library Materials

ITB-26-00217

ITB-26-00217 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00217

SOLICITATION TITLE: Delivery of Library Materials

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from a qualified Contractor to provide ongoing and as-needed routine delivery services of library materials such as, but not limited to, library books, reference books, educational kits, electronic devices, newspapers, magazines, facility supplies, compact discs (CD), digital video disc (DVD), promotional materials (bookmarks and fliers), interoffice mail (packing lists, letters, and invoices), library cards and tags, etc., to library branches and mail processing centers. The Contractor shall have a climate-controlled storage facility to store library materials with a minimum of 1,000 square feet of storage area. The resulting contract will be for a four (4) year period.

DUE DATE & TIME: April 23, 2:00 P.M. 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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

ITB-26-00217 Page 2 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.

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- 00217 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.

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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 Library Services Department seeks a qualified Contractor to provide ongoing and as needed routine delivery services of library materials such as, but not limited to, library books, reference books, educational kits, electronic devices, newspapers, magazines, facility supplies, compact discs (CD), digital video disc (DVD), promotional materials (bookmarks and fliers), interoffice mail (packing lists, letters, and invoices), library cards and tags, etc., to library branches and mail processing centers. The Contractor shall have a climate-controlled storage facility to store library materials with a minimum of 1,000 square feet of storage area.

1.2. Applicable Terminology

The following definitions of the issue in effect on date of this solicitation, forms a part of this specification:

1.2.1 Regular Deliveries – shall mean deliveries to locations used primarily to send and receive library materials, resources, and supplies but may include mail packages.

1.2.2 Mailing Processing Center – shall mean deliveries to location used primarily to send and receive mail packages but may include regular delivery items.

1.2.3 United States Post Office (USPS) – shall mean the closest USPS location from package pickup location.

1.2.4 School District Deliveries – shall mean bi-monthly deliveries to district offices to return school media center materials.

1.2.5 Summer Reading Deliveries – shall mean Library’s summer reading programs that will increase deliveries in April and May of each year.

1.2.6 Special Deliveries – shall be requests from County Project Manager or designee and for stops outside the established schedule. Please note these will be identified as a special delivery by the Project Manager for additional compensation.

1.3. Minimum Qualifications

The Bidder or principal thereof shall demonstrate recent experience in providing substantially similar services.

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1.4. Minimum Requirements

1.4.1 The Contractor’s drivers must possess a current Florida driver's license, clean driving records, and a certificate for a Level two (2) criminal background check. The cost for renewals and updates of any driver requirements is the sole responsibility of the Contractor. Documentation shall be provided upon the County's request. Also, if there is a change in the driver's driving record or criminal history, the Project Manager or designee shall be notified as soon as possible. A current version of the driver's driving record and/or criminal history checks to be provided upon request.

1.4.2 The Contractor shall have a climate-controlled storage facility that maintains a temperature between 60°F and 80°F and humidity no greater than 60%. Approximately 400 square feet of storage area is used for daily storage and sorting; however, the Contractor shall provide the County with a minimum of 1,000 square feet of storage area when required by the County.

1.4.3 The Contractor shall provide the County Project Manager or designee with a comprehensive list of staff members, including their titles and positions, who will be involved in delivering services. Changes will need to be provided to the County within 24 hours of taking place.

1.4.4 The Contractor's climate-controlled storage facility shall be located within Hillsborough County.

1.4.5 The Contractor shall provide upon the County’s request and whenever changes occur during the term of the resulting contract a list of the number and types of Contractor vehicles to be used in the performance of the resulting contract. Vehicles shall be able to enter, park, load and unload, and leave delivery locations without blocking traffic. Upon request, the Contractor shall provide its vehicle inspection reports related to the vehicles utilized in the performance of the resulting contract. The Contractor shall have a backup vehicle immediately available to start or continue deliveries as scheduled if the vehicle is not working for any reason. The Contractor shall ensure that all vehicles are used exclusively for the transport of Library materials and items when performing services under this Agreement.

1.4.6 In addition to delivering items between library locations, the Contractor shall provide delivery to support the library mailing program. The Contractor may be required to deliver packages and mailing bins between the Central Processing Center and the United States Postal Service (USPS).

1.4.7 The Contractor shall manage routes and interact with County Project Manager or designee concerning all operational matters to ensure compliance with these contract specifications.

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1.4.8 The Contractor shall be responsible for efficient and timely route scheduling and ensure mandatory daily pickup and delivery services to all locations as detailed in Attachment B. Locations shall be added or removed either permanently or temporarily, at the determination of the County Project Manager or designee with a minimum of 24-hour notice.

1.4.9 The number of stops per week and locations receiving ground delivery services can be amended, as needed with 24-hour’s notice by the County Project Manager or designee. The Contractor shall accommodate closings when notified 24 hours in advance.

The Contractor shall be compensated at the regular delivery rate for canceled deliveries without 24 hours of notice.

1.4.10 The quantity of totes for delivery to and from each library may vary throughout the year depending on the Library’s needs. For example, the library delivers Summer Reading Programming materials from a central library to individual libraries in April and May which increases the number of containers for delivery.

1.4.11 The Contractor shall provide inside of building pickup and delivery from designated staging areas within each location (reference Attachment B). The County Project Manager or designee reserves the right to modify, change, and add staging areas of any delivery location (address) at any time during the contract period. Such changes shall become effective within 24 hours of the next scheduled delivery and are at no additional cost to the County.

1.4.12 The Contractor shall transport items in containers as designated in Attachment A.

All deliveries shall be in closed containers, bags, cardboard shipping boxes, or tied bundles. Single containers may weigh up to 65 pounds. County Project Manager or designee may require the contractor to transport items in sealed cardboard shipping boxes not to exceed 28-inch length x 19-inch width x 18-inch height in size and/or tied bundles of printed promotional materials that may weigh up to 65 pounds each. Library Services may utilize zip ties to secure containers. All containers and totes shall be clearly addressed by County staff as listed in the Abbreviation Table (reference Attachment B) or other designated method.

1.4.13 The Contractor’s drivers shall safely transport boxes and containers with containers stacked to provide a clear line of sight and proper alignment. Contracted drivers shall stack boxes and containers at each location in a safe manner and no more than five (5) feet high.

1.4.14 The County Project Manager or designee reserves the right to change the specifications of delivery containers at any time during the contract period. The Contractor shall be notified of changes within 24-hours of the next scheduled delivery.

1.4.15 When transporting materials, the Contractor shall be responsible for safeguarding all items and shall be liable for any loss, theft, or damage. The Contractor shall transport

ITB-26-00217 Page 7 items within a sealed, closed vehicle to protect them from adverse weather conditions.

The Contractor shall wrap containers and bundles securely with waterproof material and take any additional precautions needed to prevent rainwater from damaging items and complete deliveries on time. The Contractor shall not open containers unless instructed by the County Project Manager or designee.

1.4.16 The Contractor shall deliver items during adverse weather conditions and emergency situations unless otherwise directed by the County Project Manager or designee. If the Contractor is concerned about providing delivery services in adverse weather and emergency situations, a request to cancel deliveries shall be submitted in writing to the County Project Manager or designee. The County's decision is final.

1.4.17 The Contractor shall store any and all items in transit, including those pending delivery, in a secured storage facility with fire and security systems that are operational and have passed the current inspection period. The storage facility shall have a well-drained parking area and a covered/sheltered unloading/loading area. The Contractor shall provide the address of such facility upon the County's request.

1.4.18 The Contractor shall provide ground delivery service on a per stop basis, regardless of the number of containers being picked up and delivered at that location (reference Attachment C for estimated quantities of containers per location). All quantities listed in the specifications are approximate estimations only.

1.4.19 The Contractor shall collect from and redistribute empty containers to all locations as part of the delivery process to ensure County staff can package all materials requiring delivery.

1.4.20 The Contractor’s driver shall leave containers and items that are not properly secured and packaged by County staff at the originating location and provide a valid reason to County staff for not accepting them. This includes, but is not limited to, containers that are structurally broken, wet, or not closed and items that are not securely bundled and tied.

1.4.21 The Contractor shall provide ground delivery services as deemed necessary by the County Project Manager or designee on such days and hours as determined by Library Services. Any deviation from the agreed-upon schedule shall be approved in writing by the County Project Manager or designee prior to any contractor changes or alterations to the schedule.

1.4.22 Deliveries and pickups for libraries shall not occur earlier than 30 minutes prior to any library location opening and no later than 4:00 pm for any library location (reference Attachment B), unless agreed upon by the County's Project Manager or designee.

Deliveries for Mail Processing Center shall not occur before opening and shall be no later than 30 minutes prior to closing. Deliveries/pickups shall not be accepted outside of these parameters unless approved by the County Project Manager or designee. Location hours

ITB-26-00217 Page 8 of operation are subject to change. To reference or confirm up-to-date library locations' hours of operation, the Contractor shall access location information on the Library Services Department's website.

1.4.23 The Contractor shall deliver containers to the destination location by the next scheduled delivery day. Stops shall be made at approximately the same time each delivery day within a 60-minute window before and after the scheduled delivery time. Contracted drivers shall notify County staff if the delivery schedule will miss the 60-minute window and provide a valid reason for the delay and estimated time of arrival.

1.4.24 The Contractor’s drivers shall park vehicles for delivery/pickups. Authorized County staff and Contractor driver shall both sign the delivery log noting the date, time of delivery, quantity, and type of containers delivered and picked up. The log shall be kept at the delivery staging area at each County location. The Contracted driver shall keep a separate log for USPS deliveries that documents the same information, excluding USPS staff signatures. The logs shall be used to document completed deliveries. The Contractor shall not be paid for missed deliveries and deliveries not recorded on the logs.

1.4.25 The Contractor shall be responsible for all loss or damage to County property in their possession while performing ground delivery services. County property shall be considered in the Contractor's custody from the time it is released to the Contractor until the property is accepted by the receiving party. When there is damage to property, the contractor must notify the County Project Manager or designee. All costs for damaged property shall be reimbursed by the Contractor. When items are damaged or lost, the Contractor shall reimburse the County for the full market price of those items and applicable taxes. The County Project Manager or designee shall send an email to the Contractor providing a description, photograph or tracking data, and full replacement cost of each damaged and/or lost item. The Contractor shall send a check for the total cost of damaged and/or lost items to the County Library Services' administrative office within 30 days of receiving the email notification.

1.4.26 The Contractor may appeal the reimbursement for damaged property. In such a case, the Contractor shall submit to the County Project Manager or designee within five

(5) days of the date in which the property was damaged. The Contractor shall submit evidence demonstrating the property was damaged while outside of the contractor's custody. The County Project Manager or designee shall review the appeal and respond with a determination. All communication shall be through electronic email unless otherwise approved by the County Project Manager or designee. The County Project Manager or designee shall make the final determination to approve or deny the appeal.

1.4.27 The Contractor shall not provide delivery during the Library’s observed holidays.

The schedule is posted and always available on Library Service's website. Observed holidays are subject to change.

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1.4.28 The Contractor shall maintain and provide at the post-award meeting the current name, address, telephone number, and email address for a primary customer service representative for County Project Manager or designee to contact regarding service problems. This person or their designee shall resolve problems and contact the County Project Manager or designee within 24 hours of being notified.

1.4.29 The Contractor shall manage the schedule of deliveries to meet the mandatory origination pickup and delivery to destination location on the next scheduled delivery day and shall have a business continuity plan in place to ensure this contractual obligation is performed without interruption regardless of cause. The Contractor shall submit updated business continuity plans to the County Project Manager or designee.

1.4.30 The Contractor shall provide competent and experienced employees. The County Project Manager or designee has the right to remove any member of the contractor's staff from delivery routes or library account management if he/she is not performing satisfactorily or is not adhering to County policies and procedures.

1.4.31 The Contractor shall have a replacement driver immediately available in the event a regularly scheduled driver is not available to drive so that all scheduled deliveries are completed on time.

1.4.32 While on County premises, all Contractor drivers shall be aware that they are a highly visible workforce and shall professionally conduct themselves, treating all stakeholders with dignity, courtesy, and respect.

1.4.33 All Contractor personnel shall be properly attired in a manner that is commensurate with the work being performed and may be required to stop work if not dressed appropriately. Contractor personnel is expressly prohibited from wearing short-shorts, tank tops, muscle shirts, halter-tops, sandals, flip-flops, or any type of open-toed shoes or being in bare feet. Clothes should fit properly and be clean. The Contractor shall ensure each of its representatives wears a shirt that plainly and prominently identifies the Contractor's company name and/or logo and carry an identification card that includes a picture of the employee and lists the employee's name.

1.4.34 The Contractor shall reference Attachment B for a complete list of County location abbreviations. This list is subject to change for library closures and/or new library/other facilities incorporated into delivery services (from and to actions as directed by the County Project Manager or designee.

1.4.35 The County may request reports including, but not limited to, usage, pricing, routes, and delivery times. The Contractor shall be required to provide reports in electronic format within seven (7) County business days from the request.

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1.5. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than 10 Days after Contractor's receipt of a Purchase Order from the County. 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.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the amount of $5,000.00, will be added to the total Bid amount for deliveries that are outside of the scope of the project, such as those exceeding size and weight requirements, if the awarded Contractor can provide the service.

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 (Overall Low)

Award will be made to the lowest, responsive, and responsible Bidder meeting Specifications.

Award will be made to a single Bidder for all line items. If a Bidder fails to submit an Offer on all line items, then that Bidder is not eligible for award.

2.3 Insurance, Contractor

See ITB-26-00217 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.

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2.3.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

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

2.4 Jessica Lunsford Act

2.4.1 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.

2.4.2 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.

2.5 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 Adjustments Based on Florida Department of Transportation (FDOT) Fuel and Bituminous Average Index

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 in contracts that are longer than twelve (12) months and include a provision for price adjustments based on movement in the Florida Department of Transportation (FDOT) Fuel and Bituminous Average Price Index 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, ITB-26-00217 Page 12 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 gallon prices for Regular Unleaded Gasoline posted at:

https://www.fdot.gov/construction/fuel-bit/fuel-bit.shtm

2.6.2 The baseline index used for the adjustment will be the Regular Unleaded Gasoline gallon price for the month and year in which the contract began. The adjustments will not be cumulative; and will be computed using the original contract unit prices.

Adjustments may be requested no later than 30 days prior to the next contract redetermination period. Adjustments shall be computed using the latest index 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 index price 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 index.

Following is an example of the calculation:

Calculation Example

RUG2 = Index at time of adjustment calculation (September 2022): 2.5190 RUG1 = Index at time base price was awarded and set (October 2021): 2.1367

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RUG2/RUG1: 1.1789

Base rate: $100.00 Multiplied by 1.1789 Equals adjusted rate $117.89

For subsequent years, the base rate (RUG1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

RUG2 = Index at time of adjustment calculation (September 2023): 2.4321 RUG1 = Index at time base rate was awarded and set (October 2021): 2.1367

RUG2/RUG1: 1.1382

Base rate: $100.00 Multiplied by 1.1382 Equals adjusted rate $113.82

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 four (4)-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.

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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

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.

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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.

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.

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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 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

ITB-26-00217 Page 17 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.

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-26-00217 Page 19 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 other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

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3.36 Service(s)

"Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents.

3.37 Site(s)

"Site(s)" shall mean the area(s) upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated as such by the County.

3.38 Solicitation Document

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

3.39 Specifications

"Specifications” shall mean the detailed information set forth in the “Specifications” Section of this Solicitation Document describing and/or concerning the goods, Services and/or Work being solicited by the County via this Solicitation Document, including, but not limited to, any terms and conditions contained within the “Specifications” Section, any Amendment(s) issued related to the “Specifications” Section, and/or any drawings or maps relating to the “Specifications” Section of this Solicitation Document.

3.40 Subcontractor

"Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents.

3.41 Successful Bidder/Proposer

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

3.42 Surety

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

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3.43 Unilateral Change Order

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

3.44 Work

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

4. INSTRUCTIONS

4.1 Bid Submissions

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

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

4.2 Non-Discrimination and Compliance with Laws

4.2.1 Bidder shall comply with the requirements of all applicable federal, state and local laws prohibiting discrimination and the rules, regulations, policies, and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.2.2 The County prohibits any person/business involved in County contracting and procurement activities, to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression.

4.2.3 Bidder shall comply with the requirements of all applicable federal, state and local laws and the rules, regulations, policies and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.3 Award of Contract and Rejection of Bids

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

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

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

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

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

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

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

4.4 Bid Documents

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

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

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

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4.5 Bid/Proposal/Quote Pricing

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

4.6 Bid/Proposal/Quote Results

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