INVITATION TO NEGOTIATE

ITN-2026-215-NC

MARKETING AND PUBLIC

RELATIONS SERVICES

Release Date: April 30, 2026

Replies Due Date: 2:30 p.m. ET on June 9, 2026

PROCUREMENT DEPARTMENT

Cypress Creek Administrative Center

6400 NW 6th Way, Fort Lauderdale, FL. 33309 Phone 954-201-7455/Fax 954-201-7330

ITN-2026-215-NC– MARKETING AND PUBLIC RELATIONS SERVICES

TABLE OF CONTENTS

SECTION 1 REQUIRED RESPONSE FORM

SECTION 2 SOLICITATION OVERVIEW AND GENERAL INFORMATION

SECTION 3 SPECIAL CONDITIONS

SECTION 4 SUBMITTAL REQUIREMENTS

SECTION 5 EVALUATION

SECTION 6 CONTRACT NEGOTIATIONS

SECTION 7 GENERAL CONDITIONS

ATTACHMENT A SCOPE OF WORK

ATTACHMENT B PRICE RESPONSE FORM

ATTACHMENT C COMPANY CERTIFICATION FORM

ATTACHMENT D QUESTIONNAIRE

ATTACHMENT E FEDERALLY FUNDED PROJECTS ADDENDUM

ATTACHMENT F INFORMATION SECURITY AFFIDAVIT

ATTACHMENT G NON- DISCLOSURE AGREEMENT

ATTACHMENT H SAMPLE CONTRACT

ATTACHMENT I STATEMENT OF NO RESPONSE

SECTION 1 – REQUIRED RESPONSE FORM

ITN #:

ITN-2026-215-NC

ITN TITLE:

MARKETING AND PUBLIC RELATIONS SERVICES

RELEASE DATE:

THU 04/30/2026

DUE DATE:

TUE 06/09/2026

TIME DUE –

AT OR

BEFORE:

2:30 p.m. ET

NUMBER OF

REPLY

COPIES

REQUIRED:

ORIGINALS:

One (1) Original

Electronic Copy

The College uses E-Bidding and will only accept electronic submittals via Euna OpenBids at www.demandstar.com.

Complete Electronic Copy of Reply must be in a single Adobe PDF File

All replies shall include this REQUIRED RESPONSE FORM fully executed. Reply must contain all information required to be included in the reply as described herein.

RESPONDENT’S INFORMATION

Respondent’s Name: _______________________________________________________________________

Street Address: ___________________________________________________________________________

City and State: ____________________________________________________________________________

Respondent Telephone: ____________________________ Respondent Fax: __________________________

Respondent Toll Free: ______________________________________________________________________

Contact Person: ___________________________________________________________________________

Contact Person’s Address: __________________________________________________________________

Contact Telephone: ____________________________ Contact Fax: Contact Toll Free ___________________

Contact Toll Free: __________________________________________________________________________

Internet E-mail Address: ________________________ Internet URL: _________________________________

Respondent Taxpayer Identification Number: ____________________________________________________

In submitting a Reply, Respondent understands, warrants, acknowledges, agrees, represents, and certifies the following (if Respondent cannot certify to any of following, Respondent shall submit with its Reply a written explanation of why it cannot do so). If the College finds, before or after award of the Reply that the Respondent was not truthful concerning any of the following, the College shall have the right to terminate the award without liability and, at its discretion, to seek damages from Respondent, if damages result to the College from such act, in any way whatsoever.

Conflict of Interest: Respondent covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the services covered under this Agreement. Furthermore, Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Respondent to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Respondent any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Respondent, and its subcontractors at any tier, certify that they have not entered into any contract, subcontract, or arrangement in connection with the project covered under this Agreement, or of any property included or planned to be included in the project, in which any member, officer, of employee of Respondent or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. The award of this solicitation is subject to the provisions of Chapter 112, Florida Statutes, as currently enacted or as amended from time to time. All Respondents must disclose with their reply the name of any officer, director or agent who is also an employee of the College. All Respondents must disclose in their reply the name of any officer, director, employee or agent of company who is also an employee of the College or an immediate family member of an employee of the College.

Initial http://www.demandstar.com/

Convictions: Respondent has fully informed the College of all convictions of the company, its affiliates (as defined in Section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the company and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

Debarment: Respondent certifies to the best of their knowledge and belief, that they and their principals: 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, County, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise the College immediately if their status changes and will provide an explanation for the change in status.

Initial

Discriminatory Vendor: Respondent certifies that they are not subject to Section 287.134(2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Response on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with public entity.

Initial

Excluded Companies: The College reserves the right, among others, to reject the reply of any Respondent that is barred or excluded from public contracting under any federal or state laws or the College’s procurement rules, regulations and policies, including but not limited to as a result of the nation or jurisdiction of organization or principal place of business of the Respondent or any affiliate, the nature and place of its assets and businesses and activities, its involvement in the sponsorship, support, planning or implementation or conduct of human rights violations, terrorism, money laundering, illegal arms, weapons, minerals or other sales or trafficking or drug trafficking activities or the identity of the persons or entities which control or have the ability to control the management, business and policies of the Respondent or affiliate. This solicitation incorporates the prohibitions of Sections 287.133, 287.134, 287.135, 215.473 and 215.4725, Florida Statutes.

Initial

Familiarity with Laws: All Respondents are required to comply with all applicable Federal, State, and Local Laws and/or Ordinances, Codes, Rules and Regulations, including wage and labor requirements, controlling the action or operation of this proposal. The relevant laws include but are not limited to FAA Regulations, The Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA) of 1990, State Requirements for Educational Facilities (SREF), Office of Education 6A-2, Florida Statutes 402.301 – 402.319, OSHA regulations, Code of Federal Regulations (CFR), and all Civil Rights legislation. The Respondent will comply with all Affirmative Action provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. All references in this solicitation to the “Applicable Laws” shall be deemed to be references to such laws, codes, rules, and regulations as the same may be amended from time to time and any successor laws, codes, rules and regulations.

Initial

Lobbying: Respondent shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any College officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any College officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

Prohibited Interests: Respondent, and its subcontractors at any tier, certify that they have not entered into any contract, subcontract, or arrangement in connection with the project covered under this solicitation, or of any property included or planned to be included in the project, in which any member, officer, of employee of Respondent or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect.

Public Entity Crime: Per Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The Respondent hereby certifies that (1) it and its affiliates have not been placed on the convicted vendor list within the past 36 months, or (2) any listing of the Respondent or any of its affiliates on the convicted vendor list has been removed pursuant to Section 287.133(3)(f), Florida Statutes.

Initial

Warranty and Ability to Perform: The Respondent warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Respondent’s ability to satisfy its Contract obligations. The Respondent warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Respondent shall immediately notify the College in writing if its ability to perform is compromised in any manner during the term of the Contract.

(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)

SECTION 1 – REQUIRED RESPONSE FORM (continued)

REPLY CERTIFICATION

The undersigned further acknowledges, attests, and certifies individually and on behalf of the Respondent that:

1. The signatory of this Response Form is a duly authorized representative of the Respondent, has been authorized by

Respondent to make all representations, attestations, and certifications contained in this Reply document and all Addenda, if any, issued, and to execute this proposal document on behalf of Respondent.

2. The Respondent agrees to complete an unconditional acceptance of the contents of this document inclusive of this Invitation to Negotiate (ITN), and all attachments, exhibits, and appendices and the contents of any Addenda released hereto.

3. The Respondent agrees to be bound to any and all specifications, terms, and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply may result in disqualification of reply submitted.

4. The Reply submitted is in response to the specific language contained in the solicitation, and Respondent has made no assumptions based upon either (a) verbal or written statements not contained in the solicitation, or (b) any previously issued solicitation, if any.

5. The Respondent has not divulged, discussed, or compared the Reply with other Respondents and has not colluded with any other Respondent or party to any other proposal.

6. The Respondent acknowledges that all information contained herein is part of the public domain as defined by the State of

Florida Sunshine and Public Records Laws.

7. The financial terms of the Reply are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties in interest.

8. By signature below, the undersigned Authorized Representative hereby certifies on behalf of Respondent that all contents of this Response Form and the submitted Reply are truthful, complete, and accurate. Failure to provide information required by the solicitation may ultimately result in rejection of the Reply.

FAILURE TO SIGN THIS RESPONSE FORM, OR SIGNING WITH A FALSE STATEMENT, MAY VOID ANY REPLY SUBMITTED BY RESPONDENT OR ANY RESULTING AGREEMENT(S). If any additional information or disclosure is necessary to qualify or explain any of the above, please include with the Statement behind TAB 1 of the Reply.

Signature of Respondent’s Authorized Representative Date

Name of Respondent’s Authorized Representative Title of Respondent’s Authorized Representative

NOTE: Entries must be completed in ink or typewritten. This original Required Response Form must be fully executed and submitted with this ITN Submission.

SECTION 1 – REQUIRED RESPONSE FORM (continued)

STATEMENT OF RESPONDENT’S REPLY

Broward College Procurement Department 6400 NW 6th Way Fort Lauderdale, FL 33309

RE: ITN-2026-215-NC– MARKETING AND PUBLIC RELATIONS SERVICES

RESPONDENT’S REPLY: Respondents may submit a response for one or more of the groups listed below. For each group selected, respondents must indicate the specific service items they are offering.

GROUP A – MARKETING SERVICES: YES _____ NO _____

If yes, select all service items below that your company is offering:

• Marketing & Branding Strategy ☐

• Advertising – Traditional & Digital ☐

• Market Research ☐

• Videography and Video Production Services ☐

GROUP B – SOCIAL MEDIA: YES _____ NO_____

GROUP C – PUBLIC RELATIONS SERVICES: YES _____ NO _____

If yes, select all service items below that your company is offering:

• Media Relations ☐

• Crisis Communications ☐

If determined to be in the best interest of the College, the College reserves the right to award in whole or in part, to one or more respondents, by group, by individual service item, or any combination thereof, and to make multiple awards or an all-or-none award.

Company Name: ____________________________________________

Authorized Representative: ____________________________________

Title: ______________________________________________________

Signature: _________________________________________________

SECTION 2 – SOLICITATION OVERVIEW AND GENERAL INFORMATION

2.1 INTRODUCTION. Broward College (hereinafter referred to as the “College”) is one of the 28 institutions comprising the Florida College System governed by Sections 1001.60 et seq. of the Florida Statutes. The College provides higher education, technical, and occupational training for the residents of Broward County, Florida. The College is a community-based institution that offers a comprehensive range of programs responsive to needs and changes in the community and in technology. Within Broward County, the College operates three main campuses, one urban center, and several satellite centers.

With the third-largest enrollment in the Florida College System, the College offers affordable, accessible education. The diverse College community boasts more than 52,000 students and over 3,400 full-time and part-time faculty and staff, who represent more than 100 countries and provide a wealth of cultural, ethnic, and experiential backgrounds. Up-to-date enrollment and campus community demographic data can be accessed at the following link: https://www.broward.edu/about/accreditation/index.html. The College provides more than 140 programs in eight career pathways which offer specialized certificates, two- and four-year degrees, non-degree training, workforce readiness, and an extensive list of continuing education curricula.

2.2 GENERAL INSTRUCTIONS. Respondents are encouraged to carefully review all the materials contained herein and prepare their Reply accordingly. The detailed requirements set forth below will be used to evaluate the Reply and failure of Respondent to provide the information requested for a specific requirement may render their Reply as non-responsive and result in being rejected. Failure of Respondent to comply with all terms of this Solicitation may result in disqualification of Respondent and rejection of Respondent’s Reply by the College.

Respondents shall carefully study and compare the information and documents presented in this Solicitation, shall examine the site and local conditions as applicable, and shall at once report to the Contact Person any errors, inconsistencies or ambiguities discovered.

2.3 PURPOSE AND OBJECTIVE. The College intends to enter into a contract(s) with responsive and responsible vendor(s) to provide marketing, and/or social media, and/or public relations services collegewide in a timely and cost-effective manner.

These services will support the College’s strategic goals, including increasing enrollment, enhancing brand awareness, and advancing institutional initiatives.

Services and requirements are to be provided as more specifically described in ATTACHMENT A –

SCOPE OF WORK.

2.4 MINIMUM ELIGIBILITY CRITERIA. In order to be considered for award and to be further evaluated, Respondent must meet or exceed the following criteria. Failure to meet minimum eligibility criteria, detailed below, will result in reply disqualification. Failure to submit the documents requested herein will also result in reply disqualification.

Respondent must demonstrate a strong documented track record of current engagement in providing the products and services detailed in ATTACHMENT A – SCOPE OF WORK, for three continuous years or more, within the last five years.

2.5 SCOPE OF WORK. The College is seeking qualified and experienced companies capable of providing all services necessary to perform marketing, and/or social media, and/or public relations services collegewide in accordance with the terms, conditions, and specifications of this solicitation. A detailed SCOPE OF WORK is outlined in ATTACHMENT A.

https://www.broward.edu/about/accreditation/index.html

2.6 SOLICITATION CONTACT AND SUBMITTAL OF QUESTIONS.

Contact: Nicholas Caradonna Email: ncaradon@broward.edu Telephone: 954-201-7824

Any questions concerning any condition or requirement of this solicitation must be received via email to ncaradon@broward.edu, with subject line to read QUESTIONS-ITN-2026-215-NC on or before the deadline date and time specified in SECTION 2.8 - TIMELINE. Any question(s) which require a response which amends this solicitation document in any way will be answered via addendum by the Procurement Department. If an addendum is posted, an email notification will automatically be sent to all plan holders who downloaded the solicitation on Euna OpenBids at www.demandstar.com Any verbal or written information received by Respondents, which is obtained by any means other than this solicitation or by addendum, shall not be binding on the College.

2.7 CONTACT AFTER RELEASE (CONE OF SILENCE). Any respondent or a lobbyist for a respondent is prohibited from having any communication concerning this solicitation or any response with any member of the College District Board of Trustees, the College President, any Evaluation Committee Member, or any other College employee after the release of the solicitation and prior to the contract being awarded with the exception of communications with the office of the Associate Vice President of Procurement, unless so notified by the Procurement Department. A reply from any vendor will be disqualified when the respondent or a lobbyist for the respondent violates this condition of the solicitation. No verbal or written information which is obtained other than by information in this document or by Addenda to this solicitation shall be binding on the College.

2.8 TIMELINE. The following are important pre-scheduled dates regarding the solicitation, though all dates are subject to change, if required.

DATE/TIME EVENT

April 30, 2026 Release of Solicitation May 12, 2026 10:00 a.m. ET

Virtual Solicitation Conference as specified in SECTION 2.10

May 15, 2026 4:00 p.m. ET

Written Questions Due in Procurement Department as specified in SECTION 2.6

June 9, 2026 2:30 p.m. ET

Replies due on or before 2:30 p.m. ET Replies Due as specified in SECTIONS 1 and 2.9

TBD PHASE I: Evaluation Committee Shortlist Meeting TBD PHASE II: Evaluation Committee Meeting(s) for

Interviews/Presentations (if necessary) TBD PHASE III: Contract Negotiations (if necessary) TBD Anticipated Date to Post Award Recommendation

Any change to the above calendar dates will be posted on the Broward College Procurement Department website: https://www.broward.edu/about/community/vendor/index.html.

2.9 SUBMITTAL REQUIREMENTS. The College uses E-Bidding and will only accept electronic submittals via Euna OpenBids at www.demandstar.com.

Digital copies must not be larger than 150 MB for each document size and not the collection of them.

Files submitted must be formatted and enabled for printing, in page size letter as applicable.

The College may request clarifications and additional information after submission.

The College shall not be responsible for delays caused by any occurrence.

In the event of technical difficulties when submitting documents, contact Euna OpenBids support at support.demandstar@eunasolutions.com or call (206) 940-0305 mailto:ncaradon@broward.edu mailto:ncaradon@broward.edu http://www.demandstar.com/ https://www.broward.edu/about/community/vendor/index.html mailto:support@demandstar.com

Respondents are requested to organize their replies in accordance with SECTION 4 – SUBMITTAL REQUIREMENTS. The College reserves the right to reject and not consider any reply not organized and not containing all the information outlined in SECTION 4.

Replies must be submitted as established in SECTION 2.8 - TIMELINE. Submittals received after this date and time will not be considered.

When submitting your reply electronically through Euna OpenBids at www.demandstar.com, please allow sufficient time to complete the online forms and upload documents. If you are in the middle of uploading your documents at the closing time, the system will stop the process, and your reply will not be received by the system.

2.10 VIRTUAL SOLICITATION CONFERENCE. A Virtual Solicitation Conference will be held as established in SECTION 2.8 – TIMELINE. Representatives from all interested vendors are encouraged to attend. The purpose of the Virtual Solicitation Conference is to allow prospective Respondents to bring forth questions they may have, to allow prospective Respondents to be aware of questions other Respondents may have, and to stimulate discussions that will generate questions in an effort to assist prospective Respondents in preparing the best and most comprehensive reply for submission to the College. While project questions and dialogue are encouraged at the Virtual Solicitation Conference, no information provided is binding unless it is contained within a College released addendum.

All questions submitted in writing will be answered to all Respondents via Addenda. All questions shall be submitted in accordance with SECTION 2.6 – SOLICITATION CONTACT AND SUBMITTAL OF QUESTIONS. Any information given, by any party, at the Virtual Solicitation Conference is not binding on the College unless it is contained within a subsequently released Addenda. Only the information provided in the solicitation or via Addenda shall be considered by Respondents.

This meeting will be administered virtually via Microsoft Teams meeting only. For Microsoft Teams meeting information details and link, please visit Broward College Procurement Department website:

www.broward.edu/about/community/vendor/.

2.11 RESERVATION OF RIGHTS. The College reserves the right to waive informalities and to reject any, all, or part of any or all replies. The College also reserves the right to conduct discussions with, and obtain Best and Final Offers from, responsible Respondents who submit replies determined by the College to be reasonably susceptible of being selected for award. Further, the College reserves the right, but not limited, to:

a. Reject any and all replies received as a result of this solicitation;

b. Waive or decline to waive any minor informalities and any minor irregularities in any replies or responses received. A minor irregularity is a variation from the solicitation which does not affect the financials of the Reply, or give one Respondent an advantage or benefit not enjoyed by other Respondents, or substantively change the requirements and/or specifications of this solicitation, or adversely impact the interest of the College. Waivers, when granted, shall in no way modify the solicitation requirements or excuse the Respondent from full compliance with the solicitation specifications and other contract requirements if the Respondent is awarded the contract;

c. Determine equipment or other equivalency to the College’s specifications in evaluating responses;

d. Adopt all or any part of the Respondent’s reply;

e. Negotiate changes in the scope of work or services to be provided;

f. Award contracts to multiple Respondents;

g. Withhold the award of Contract;

h. Select the Respondent it deems to be most qualified to fulfill the needs of the College. The

Respondent with the highest-rated financial reply may not necessarily be the one most qualified, since a number of factors other than their offer are important in the determination of the most acceptable reply.

http://www.broward.edu/about/community/vendor/

2.12 COLLEGE’S RIGHT TO REJECT. The College reserves the right to reject any and all replies and readvertise at any time prior to District Board of Trustees approval of the recommended respondent(s) and/or the negotiated agreement(s) and/or not award the contract in the best interests of the College. All costs incurred in the preparation of the Reply and participation in this solicitation process shall be borne by the Respondents. Replies submitted in response to this solicitation shall become the property of the College and considered public documents under applicable Florida law.

The College reserves the right to accept or reject any and all submittals, reject a submittal which is in any way incomplete, irregular or otherwise non-responsive, or to waive any technicalities or formalities in the solicitation requirements when and if it is in the best interests of the College.

A submittal shall be rejected for failure to comply with the following requirements:

The Respondent is not registered and licensed in the State of Florida to provide the proposed services.

The submittal is not received by the College by the specified deadline.

The Respondent has been determined to be non-Responsible.

SECTION 3 - SPECIAL CONDITIONS

3.1 CONTRACT TERM. The purpose of this solicitation is to establish a contract beginning with the contract’s commencement date and continuing for a period of three (3) years, or as agreed to in resulting contract.

3.1.1 Contract Renewal(s). The term of the contract may, by mutual agreement between the College and the awardee(s), upon final College approval, be renewed for three (3) additional one-year periods, or as agreed to in resulting contract, and if needed, extended for 180 days beyond the expiration date of the final renewal period.

The College will, if considering renewal, request a letter of intent to renew from the selected awardee(s) prior to the end of the current contract period. The awardee(s) will be notified when the recommendation has been acted upon by the College.

The terms, specifications, and conditions of this solicitation and the agreement herein when completed and signed constitute the total agreement and no further conditions will be accepted unless in writing in the form of an Amendment to the original agreement and mutually agreed upon, approved, and signed by authorized College representative and the Vendor. Every covenant, term, provision, and agreement contained in this solicitation and Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

No waiver of any provisions of this solicitation shall be valid or effective unless in writing and signed by the parties hereto; no waiver of any breach or condition of this solicitation shall be deemed to be a continuing waiver or a waiver of any other breach or condition.

3.2 AWARD OF CONTRACT. The College will use the evaluation criteria stated in SECTION 5 to establish ranking. The College will recommend award to the Respondent(s) with whom a successful contract(s) can be negotiated. Recommended awardee(s) must be approved by the College’s District Board of Trustees before award is final.

Additional Products and/or Services May Be Added or Deleted. Although this solicitation identifies specific products and/or services, it is hereby agreed and understood that products and/or services may be added to or deleted from this contract at the option of the College after the contract has been awarded. During the contract term, if a need arises for a product and/or service not included in the resulting contract, the College may request a quote for a specific product and/or service from all awarded Respondent(s) under this contract.

Additionally, the College reserves the right to purchase related products and/or services throughout the term of this agreement from alternate contract sources or vendors for related work when it is determined to be in the best interest of the College.

If deemed in the College’s best interest, the College reserves the right to enter into a separate contract with a proposed subcontractor(s) for Optional and/or Value-Added Service(s) as may be required. In this case, the College may sign more than one contract for these services.

3.3 PROBATION PERIOD. The first three months of the contract will be considered probationary. The probationary period may be extended for additional three-month periods if the College deems necessary.

The College representative will notify the Vendor of any contract deficiencies verbally and in writing. The situation must be remedied within a time period relative to the gravity of the situation and the representative of the College shall be notified when corrections have been completed. If, in the opinion of the College, the deficiencies observed are not satisfactorily corrected within a reasonable amount of time, the College reserves the right to terminate the contract per the termination of contract provisions. In addition, the College reserves the right in its best interest to re-award to the next approved Respondent or to review its needs to re-solicit.

3.4 CONTRACT ADMINISTRATION. The responsibility and authority for the administration of this contract shall be assigned to the Strategic Communication and Marketing Department, hereinafter referred to in this solicitation as Contract Administrator. The successful vendor will be required to appoint one or more primary account representatives to work with the College in the administration of this contract. In the event this representative does not meet the College’s requirements, the successful vendor agrees that it will assign a replacement immediately.

3.5 RELIANCE ON INFORMATION. Information made available by the College in connection with this solicitation is provided without representation, warranty, guarantee, or promise by the College, expressed or implied, with respect to accuracy, completeness or fitness or usability for any purpose. Respondent will at its cost perform due diligence and will rely solely and exclusively on the results of such activities and its experience and expertise and not on any statement, projection, estimate, description, information, data, or document furnished by the College.

3.6 PRICING. All prices submitted under this solicitation shall be quoted F.O.B. destination, include delivery to any College site and shall be firm for the initial three (3) years of the contract. Furthermore, all prices shall include any and all other costs associated with the order. No increases or additional monies shall be owed or charged to the College during the course of the contract. If any additional charges are necessary, please list them as indicated on the Price Proposal Form sheet.

3.7 FAMILIARITY WITH LAWS. All Respondents are required to comply with all applicable Federal, State and Local Laws and/or Ordinances, Codes, Rules and Regulations, including wage and labor requirements, controlling the action or operation of this solicitation. The relevant laws include but are not limited to FAA Regulations, The Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA) of 1990, State Requirements for Educational Facilities (SREF), Office of Education 6A-2, Florida Statutes

402.301 - 402.319, OSHA regulations, Code of Federal Regulations (CFR), and all Civil Rights legislation.

The contractor will comply with all Affirmative Action provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. All references in this solicitation to the “Applicable Laws” shall be deemed to be references to such laws, codes, rules, and regulations as the same may be amended from time to time and any successor laws, codes, rules and regulations.

3.8 SITE VISITS / INSPECTIONS. The College reserves the right to conduct a site visit to any of the

Respondent’s place(s) of business if it is deemed necessary.

3.9 INSURANCE REQUIREMENTS. Proof of the following insurance will be furnished by any awardee to the

College by a Certificate of Insurance within 10 days of notification by the College.

a. Commercial General Liability:

Each Occurrence $1,000,000 Personal & Adv Injury $1,000,000 General Aggregate $5,000,000 Products – Completed Operations $5,000,000

Policy must contain contractual liability coverage.

b. Automobile Liability Insurance (if commercial autos will be used, including owned, non-owned and hired vehicles)

$1,000,000

c. Professional Liability Per Occurrence $1,000,000 General Aggregate $2,000,000

d. Cyber Liability. If Vendor will have access to the college networks, systems, and student or employee data, or at the discretion of the College’s Office of Risk Management, liability policies shall include this coverage with limits no less than $1,000,000 per claim for a period of three (3) years after project completion and policy is to be on a primary basis if other professional liability is carried.

e. Workers' Compensation in accordance with Florida Statutory limits and Employer’s Liability

Insurance. If claiming exemption from this coverage, the vendor must provide evidence of exemption from the State of Florida. More information found at http://www.myfloridacfo.com/Division/WC/

f. Insurance Certification must contain a provision for notification to the College of 30 days in advance of any material change in coverage or cancellation.

g. If any of the required policies provide coverage on a “claims-made” basis, then insurance must be maintained, and evidence of insurance must be provided for at least three years after completion of the contract of work. If coverage is canceled or non-renewed and not replaced with another “claims-made” policy form with a Retroactive Date prior to the contract effective date, the vendor must purchase “extended reporting” coverage for a minimum of three years after completion of contract work.

h. The College shall be named as an additional insured with reference to this solicitation as follows: “The District Board of Trustees of Broward College, Florida is additional insured with respect to General Liability (and Excess Liability if issued) in regard to the terms, conditions, and agreements of ITN-2026-215-NC– MARKETING AND PUBLIC RELATIONS SERVICES from date of commencement to six (6) months after date of completion.”

i. The Insurance policies shall be issued by companies qualified to do business in the State of Florida and grant the College thirty days of advanced written notice of cancellation, expiration, or any material change in the specified coverage. The insurance companies must be rated at least A-VI by AM Best or Aa3 by Moody’s Investor Service. All policies must remain in effect during the performance of the contract.

j. All certificates must be addressed and sent to:

The District Board of Trustees of Broward College, Florida Office of Risk Management 6400 NW 6th Way Fort Lauderdale, FL 33309

k. All exclusions added by endorsement must be indicated.

l. Certificate must be signed by an authorized representative.

m. Broward College, Office of Risk Management may, at its discretion, require higher limits or additional coverages based on the scope of services or other factors. The College will notify the vendor if the insurance requirements differ from those stated above.

n. All policies must remain in effect during the performance of the contract. The vendor shall promptly notify the College of any changes in insurance coverage or carrier.

The Vendor shall furnish the College proof of insurance coverage by certificates of insurance no later than ten days after contract award. Prior to the commencement of any work the awardee must provide the College Procurement Department with a Certificate of Insurance which is evidence of the above.

The Vendor shall not commence any work in connection with this agreement until they have obtained, as a minimum, all of the above referenced types of insurance and such insurance has been approved by the College, nor shall the Vendor allow any subvendor to commence work on its subcontract until the subvendor has obtained equivalent insurance and provided certificates of insurance showing the coverage to the Vendor.

http://www.myfloridacfo.com/Division/WC/

The College shall be exempt from, and in no way be liable for, any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor and/or subvendor that obtained the insurance.

Any questions as to the intent or meaning of any part of the above required coverages should be submitted in writing in accordance with SECTION 2.6 – SOLICITATION CONTACT AND SUBMITTAL OF

QUESTIONS.

3.10 LICENSING. The Respondent will be responsible for obtaining and paying for all necessary licenses and permits and providing copies to the College representative. The Respondent will maintain all appropriate licenses and permits specified by Broward County and any appropriate agency of State of Florida and shall provide copies of these licenses to the College upon request. Failure to maintain required licenses and permits shall be cause for termination.

3.11 OPTION TO EXTEND TO OTHER GOVERNMENTAL ENTITIES. Included as part of this formal solicitation, any vendor responding to this solicitation has the option to extend its offer to other government entities under the same terms and conditions and contract price(s), if agreeable by the Respondent and the government agency. Other government agencies include, but are not limited to, the State of Florida, its agencies, political subdivisions, counties, and cities. All government agencies allowed by the vendor/contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted by such agency. No using agency receives any liability by virtue of this solicitation and subsequent contract award.

3.12 SELLING, TRANSFERRING OR ASSIGNING CONTRACTS. No contract awarded under these terms, conditions and specifications shall be sold, transferred or assigned without the written approval of the College. The Vendor shall not sublet the work or services hereunder, or any part thereof (except as specifically recognized and permitted herein) to any other person, firm or other entity without the prior written consent of the Associate Vice President Procurement and Risk Management.

3.13 PUBLIC RECORDS AND TRADE SECRETS.

Replies and Other Submissions are Property of the College. All materials submitted in Response to the solicitation become the property of the College, which shall have the right to use such ideas or adaptations of those ideas without cost or charge, regardless of selection or rejection of a Reply.

Replies and Other Submissions are Subject to Public Inspection and Copying. Unless exempted by law, all public records are subject to public inspection and copying under Florida’s Public Records Law, Chapter 119, Florida Statutes. A time-limited exemption from public inspection is provided for the contents of a Reply and other submittals pursuant to subsection 119.071(1)(b), Florida Statutes. Once that exemption expires, all contents of a Reply and other submittals become subject to public inspection, unless another exemption applies. Any other claim of exemption for information will be waived upon submittal of the information to the College, unless the information is submitted in accordance with this section. This waiver includes any information included in the Respondent’s Reply or other submittal outside of the separately bound documents described below (e.g., emails sent during negotiations).

How to Claim Exemption. If a Respondent considers any portion of the information it submits to be exempt from public inspection or disclosure pursuant to Florida’s Public Records Law, the Respondent must submit with its Reply a complete version (both paper and electronic, as applicable) of the information clearly marked as a “Confidential Redacted Version”. The first page of the electronic file or hard copy document must explain why the information in the electronic file or hard copy document is exempt. If a Respondent considers any portion of a submission made after its initial Proposal to be exempt, the Respondent must similarly provide redacted versions. The Reply shall identify in writing the specific statutes and facts that authorize exemption of the information under the Public Records Law. If different exemptions are claimed to be applicable to different portions of the redacted information, the Respondent shall provide information correlating the nature of the claims to the redacted information. The redacted copy must exclude or obliterate only those portions claimed exempt.

Duty to Respond to Public Records Requests. If the Respondent fails to submit a redacted copy and justification as described in this section, the College is authorized to produce the records sought in a public records request without any redaction and without further inquiry of the Respondent.

Not Obligated to Defend Respondent Claims. The College is not obligated to agree with the Respondent’s claim(s) of exemption, and by submitting information to the College, the Respondent agrees to be responsible for defending its claim that each portion of the redactions is exempt from inspection and copying under Florida’s Public Records Law. Further, the Respondent agrees that it shall protect, defend, and indemnify, including attorney’s fees and costs, the College for all claims and litigation (including litigation initiated by the College) arising from or relating to the Respondent’s claim that the redacted portions of its submittals are confidential, proprietary, trade secret, or otherwise exempt from disclosure

3.14 CONFIDENTIALITY. Awarded vendor acknowledges that certain information about the College’s personnel is contained in records created, maintained or accessed by the awarded vendor and that this information is confidential and protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. 1232g), and/or the Health Insurance Portability and Accountability Act (HIPAA) (45 CFR parts 160-164) and related College policies, as amended from time to time. Awarded vendor agrees that: (i) it shall keep and maintain all “Personal Information”* obtained during the performance of this contract, in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; (ii) will use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is obtained or provided, to perform the requested services in accordance with the terms and conditions of this contract, and not to use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for Service Provider’s own purpose or for the benefit of anyone other than the student, in each case, without student’s prior written consent; and (iii) not directly or indirectly disclose Personal Information to any person other than authorized College employees or as may be requested by government authorities.

At the request of the College, the awarded vendor agrees to provide the College with a written statement of the procedures the awarded vendor uses to safeguard the confidential records/Personal Information.

Any breach of the requirements of this Confidentiality clause on the part of the awarded vendor and its representatives may constitute grounds for immediate termination of contract.

*”Personal Information” means, including but not limited to, information provided by students, parents, guardians, or any other callers, or at the direction of College, or to which access was granted to awarded vendor by College, in the course of its performance under this contract that: (i) identifies or can be used to identify an individual (including, without limitation, names, dates of birth, signatures, addresses, telephone numbers, e-mail addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, student numbers, social security numbers, passport numbers, government-issued identification numbers, passwords, PINs, financial account numbers, Internal Revenue Services (IRS) records, credit reports information, answers to security questions, and other personal identifiers), in case of both (i) and (ii), including, without limitation, all highly-sensitive personal information.

3.15 WARRANTY AND ABILITY TO PERFORM. The Respondent shall warrant that there is no action suit, proceeding, inquiry or governmental agency, public board or body, pending or, to the best of the Respondent's knowledge, threatened, which would in any way prohibit, restrain or enjoin the execution or delivery of the Respondent's obligations or diminish the Respondent's obligations or diminish the Respondent's financial ability to perform the terms of the proposed contract.

3.16 SEVERABILITY. If any provisions of the Agreement resulting from this solicitation is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provisions shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of the Agreement.

In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, or by an administrative hearing officer in accordance with Chapter 120, Florida Statutes, such holding shall not invalidate or render unenforceable any other provision hereof.

3.17 PRICE ADJUSTMENTS. Prices offered shall remain firm for the initial three (3) years of the contract. No price increases shall be accepted in the initial contract term. Vendor must consider this when providing pricing for this solicitation.