RFP-2023-138-TP - MFMP Solicitation Document.pdf

REQUEST FOR PROPOSALS

RFP-2023-138-TP

AUDIOVISUAL

COMMUNICATIONS AND

INSTALLATION SERVICES

Release Date: July 11, 2024

Proposals Due Date: August 14, 2024, at 2:30 p.m. ET

PROCUREMENT SERVICES

Cypress Creek Administrative Center

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

RFP-2023-138-TP – AUDIOVISUAL COMMUNICATIONS AND INSTALLATION SERVICES

TABLE OF CONTENTS

SECTION 1 REQUIRED RESPONSE FORM

SECTION 2 INTRODUCTION, PURPOSE, AND GENERAL INFORMATION

SECTION 3 SPECIAL CONDITIONS

SECTION 4 SUBMITTAL REQUIREMENTS

SECTION 5 EVALUATION

SECTION 6 CONTRACT NEGOTIATIONS

SECTION 7 GENERAL CONDITIONS

ATTACHMENTS

ATTACHMENT A SCOPE OF WORK

ATTACHMENT B PRICE PROPOSAL FORM

ATTACHMENT C SAMPLE CONTRACT

ATTACHMENT D DRUG-FREE WORKPLACE CERTIFICATION

ATTACHMENT E INFORMATION SECURITY AFFIDAVIT

ATTACHMENT F NON-DISCLOSURE AGREEMENT

ATTACHMENT G PUBLIC ENTITY CRIMES STATEMENT

ATTACHMENT H NON-COLLUSION AFFIDAVIT

ATTACHMENT I VENDOR CONFLICT OF INTEREST FORM

ATTACHMENT J PERFORMANCE EVALUATION SURVEY FORM (REFERENCES)

ATTACHMENT K STATEMENT OF “NO” RESPONSE

PROPOSAL ORGANIZATION FORMAT AND SUBMITTAL CHECKLIST

TAB SECTION SECTION

4.1 GENERAL INFORMATION

1 4.1.1 TITLE PAGE AND TABLE OF CONTENTS

1 4.1.2 LETTER OF TRANSMITTAL

2 4.1.3 ACKNOWLEDGEMENT OF RELEASED ADDENDA TO RFP

2 4.1.4 W-9 FORM

2 4.1.5 NOTICE PROVISION

2 4.1.6 VENDOR CONFLICT OF INTEREST FORM – ATTACHMENT I

2 4.1.7 LITIGATION HISTORY

2 4.1.8 LETTER OF INSURABILITY

4.2 MINIMUM ELIGIBILITY CRITERIA

3 4.2.1 REQUIRED RESPONSE FORM – SECTION 1

3 4.2.2 MINIMUM QUALIFICATIONS AND LICENSES

4.3 EXPERIENCE AND QUALIFICATIONS

4 4.3.1 EXECUTIVE SUMMARY

4 4.3.2 ORGANIZATIONAL PROFILE

4 4.3.3 ACCOUNT MANAGEMENT AND STAFFING

4 4.3.4 REFERENCES – ATTACHMENT J (TO BE INSERTED BY THE COLLEGE)

4.4 SCOPE OF WORK

5 4.4.1 SCOPE OF WORK

5 4.4.2 QUALITY ASSURANCE

4.5 PRICE PROPOSAL

6 4.5.1 PRICE PROPOSAL FORM

4.6 FINANCIAL CAPACITY

7 4.6.1 FINANCIAL CAPACITY

4.7 ATTACHMENTS

8 4.7.1 DRUG-FREE WORKPLACE CERTIFICATION – ATTACHMENT D

8 4.7.2 INFORMATION SECURITY AFFIDAVIT – ATTACHMENT E

8 4.7.3 NON-DISCLOSURE AGREEMENT – ATTACHMENT F

8 4.7.4 PUBLIC ENTITY CRIMES STATEMENT – ATTACHMENT G

8 4.7.5 NON-COLLUSION AFFIDAVIT – ATTACHMENT H

8 4.7.6 ADDITIONAL/VALUE ADDED SERVICES (OPTIONAL)

8 4.7.7 OTHER SUPPORTING DOCUMENTS

SECTION 1 - REQUIRED RESPONSE FORM

RFP #:

RFP-2023-138-TP

RFP TITLE:

AUDIOVISUAL COMMUNICATIONS AND INSTALLATION

SERVICES

RELEASE DATE:

THU 07/11/2024

DUE DATE:

WED 08/14/2024

TIME DUE -

AT OR

BEFORE:

2:30 p.m. ET

NUMBER OF

PROPOSAL

COPIES

REQUIRED:

ORIGINALS:

One (1) Original

Electronic Copy

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

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

All proposals shall include this REQUIRED RESPONSE FORM fully executed. Proposal must contain all information required to be included in the proposal as described herein. Proposers are encouraged to schedule additional time for upload of proposal documents due to online procedures. Proposals received after the date and time due will not be considered.

PROPOSER’S INFORMATION

Proposer’s Name: _________________________________________________________________________

Street Address: ___________________________________________________________________________

City and State: ____________________________________________________________________________

Proposer Telephone: ____________________________ Proposer Fax: _______________________________

Proposer Toll Free: ________________________________________________________________________

Contact Person: ___________________________________________________________________________

Contact Person’s Address: __________________________________________________________________

Contact Telephone: ____________________________ Contact Fax: Contact Toll Free: __________________

Internet E-mail Address: ________________________ Internet URL: _________________________________

Proposer Taxpayer Identification Number: _______________________________________________________

How were you informed of this solicitation? (Please provide media name(s) in blank space):

Website: ___________________________ Newspaper: _______________________ Other: ________________________

PROPOSAL CERTIFICATION

I hereby certify that I am submitting the following information as my company’s (Proposer) Proposal, I am authorized by the Proposer to do so, and I warrant that I have legal power to bind the company on its behalf; the Proposer agrees to complete an unconditional acceptance of the contents of this document inclusive of this Request for Proposals (RFP), and all attachments, exhibits, and appendices and the contents of any Addenda released hereto; the Proposer 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 proposal submitted; the Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; the Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; and that all responses, data, and information contained in this proposal are true and accurate.

Signature of Proposer’s Authorized Principal Date

Name of Proposer’s Authorized Principal Title of Proposer’s Authorized Principal

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

http://www.demandstar.com/

SECTION 2 – INTRODUCTION, PURPOSE, 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 45,000 students and over 3,000 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 programs in career pathways which offer specialized certificates, two- and four-year degrees, non-degree training, workforce readiness, and an extensive list of continuing education curricula.

As the College forges forward, it does so as one of the nation’s largest institutions of its type, with a reputation for the pursuit of excellence and service to the diverse communities it serves. Accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), Broward College was named as one of the 10 finalists for the 2023 Aspen Prize for Community College Excellence.

The Aspen Award is the nation’s signature recognition of high achievement and performance in America's community colleges. Since the competition was launched in 2011, Broward College has been named an Aspen Prize finalist four times, including being honored twice as a Finalist with Distinction, among more than 1,000 community colleges nationwide. Aspen recognizes institutions based on strong and improving student outcomes in learning, completion rates, employment rates and earnings, and equity.

2.2 PURPOSE. The purpose of this Request for Proposals (RFP) is to identify multiple companies to provide audio visual equipment and/or installation services to the College. The objective for this contract will be to purchase audio visual products, equipment, supplies, and installation services, in accordance with the terms, conditions, and specifications of this solicitation.

2.3 OBJECTIVES AND MINIMUM QUALIFICATIONS. The objective is to establish a term contract(s) for

Audiovisual Communications and Installation Services as per the terms and conditions specified herein.

Proposers must, as of the proposal return date stated in this RFP and throughout the duration of its program, meet the applicable minimum eligibility criteria in SECTION 4. The solicitation objectives include, but are not limited to, the following:

• Proposer must demonstrate a strong documented track record of current engagement in providing audio visual equipment and installation services, preferably in post-secondary education, for three

(3) continuous years or more, within the last five (5) years.

2.4 SCOPE OF WORK. The College is seeking qualified and experienced audiovisual communications companies to provide Audiovisual Communications and Installation Services in accordance with the terms, conditions, and specifications of this solicitation. A detailed SCOPE OF WORK is outlined in

ATTACHMENT A.

2.5 RFP CONTACT AND SUBMITTAL OF QUESTIONS.

Contact: Yolaina Ruiz Email: yruiz@broward.edu

Telephone: 954-201-5107 Fax: 954-201-7330

Any questions concerning any condition or requirement of this solicitation must be received via email to yruiz@broward.edu, with subject line to read QUESTIONS-RFP-2023-138-TP on or before the deadline date and time specified in SECTION 2.7 - TIMELINE. Any question(s) which require a response which amends this solicitation document in any way will be answered via addendum by the Procurement Services Department. If an addendum is posted, an email notification will automatically be sent to all plan holders who downloaded the solicitation on DemandStar (www.demandstar.com). Any verbal or written https://www.broward.edu/about/accreditation/index.html mailto:yruiz@broward.edu mailto:yruiz@broward.edu information received by Proposers, which is obtained by any means other than this solicitation or by addendum, shall not be binding on the College.

2.6 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 for Procurement, unless so notified by the Procurement Department. A proposal 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.

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

DATE/TIME EVENT

July 11, 2024 Release of RFP

July 19, 2024 4:00 p.m. ET

Written Questions Due in Procurement Department as specified in SECTION 2.5

August 14, 2024 2:30 p.m. ET

Proposals due on or before 2:30 p.m. ET Proposals Due as specified in SECTIONS 1 and 2.8

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 Services website: https://calendar.broward.edu/index.html.

2.8 SUBMITTAL REQUIREMENTS. The College uses E-Bidding and will only accept electronic submittals via DemandStar 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 DemandStar support at support@demandstar.com or call (206) 940-0305.

Proposers are requested to organize their proposals in accordance with SECTION 4 – SUBMITTAL

REQUIREMENTS. The College reserves the right to reject and not consider any proposal not organized and not containing all the information outlined in SECTION 4.

Proposals must be submitted as established in SECTION 2.7 - TIMELINE. Submittals received after this date and time will not be considered.

When submitting your proposal electronically through DemandStar 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 proposal will not be received by the system.

2.9 VIRTUAL SOLICITATION CONFERENCE. A Virtual Solicitation Conference for this solicitation will NOT be held.

https://calendar.broward.edu/index.html

2.10 RESERVATION OF RIGHTS. The College reserves the right to waive informalities and to reject any, all, or part of any or all proposals. The College also reserves the right to conduct discussions with, and obtain Best and Final Offers from, responsible Proposers who submit proposals 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 proposals received as a result of this solicitation;

b. Waive or decline to waive any minor informalities and any minor irregularities in any proposal or responses received. A minor irregularity is a variation from the solicitation which does not affect the financials of the Proposal, or give one Proposer an advantage or benefit not enjoyed by other Proposers, 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 Proposer from full compliance with the solicitation specifications and other contract requirements if the Proposer is awarded the contract;

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

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

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 proposal 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 proposal.

2.11 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 proposer(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 proposal and participation in this solicitation process shall be borne by the proposers. Proposals 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 Proposer 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 Proposer has been determined to be non-responsible.

(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)

SECTION 3 - SPECIAL CONDITIONS

3.1 CONTRACT TERM. The purpose of this solicitation is to establish a contract(s) beginning with contract 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.

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 proposal 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 Proposer(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.

3.2.1 Groups. In addition to the evaluation criteria stated in Section 5, the College may award Proposer(s) by

Groups or Items. PRICE PROPOSAL FORM (ATTACHMENT B) for this solicitation is divided in two (2) Groups, as detailed in ATTACHMENT A - SCOPE OF WORK.

3.2.2 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 Proposer(s) under this contract. Additionally, the College reserves the right to purchase products and/or services throughout the term of this agreement from alternate contract sources 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 Proposer 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 Information Technology Department, hereinafter referred to in this proposal 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 TERMINATION / CANCELLATION CLAUSE. The College reserves the right to cancel this contract for non-performance in the event the Vendor does not perform within the terms, conditions, and specifications of the contract and this solicitation by reference. Upon notification in writing by the College official responsible for the administration of the contract of the facts concerning non-performance, the Vendor will be notified of the problem and will have 10 days to correct such. If the vendor fails to correct the problem to the satisfaction of the College within the 10-day period, the College reserves the right to serve notice of cancellation to be effective within 30 days of notification.

In the event of such cancellation, the College may elect to award the contract to the next ranked vendor, extend the contract of another vendor currently under contract to provide like services or re-issue the proposal, whichever is in the College’s best interest. The obligations of the College under this award are subject to the terms and conditions established by the legislature of the State of Florida. The College has the option to discontinue service at no expense to the College if College Policy or Florida Statutes determine it is in the College’s best interest.

3.6 FAMILIARITY WITH LAWS. All Proposers 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 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.

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

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

3.8 PURCHASE ORDERS. All purchase orders shall bear the contract or solicitation number, shall be placed by the College directly with the Vendor, and shall be deemed to incorporate by reference the contract and solicitation terms and conditions. Purchase orders issued pursuant to a contract resulting from this solicitation must be received by the Vendor in a timely manner. The Vendor is obliged to fill those orders in accordance with the contract’s terms and conditions. Vendors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the contract. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the contract by more than twelve months.

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.

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 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 RFP-2023-138-TP entitled AUDIOVISUAL COMMUNICATIONS AND INSTALLATION 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 Services 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 http://www.myfloridacfo.com/Division/WC/

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.

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 2.5 – RFP CONTACT AND SUBMITTAL OF QUESTIONS.

3.10 LICENSING. The Proposer will be responsible for obtaining and paying for all necessary licenses and permits and providing copies to College representative. The Proposer 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 bidder 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 CONDITIONS FOR EMERGENCY / HURRICANE OR DISASTER (FORCE MAJEURE). Contractor shall provide first-priority services to the College in the event of a hurricane, flood or other natural disaster. It is hereby made a part of this solicitation that before, during and after a public emergency, disaster, hurricane, flood or other force majeure that the College shall require a “first priority” basis for goods and services.

It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public safety and health, as determined by the Associate Vice-President for Business Services & Resource Management. Vendor agrees to rent/sell/lease all goods and services to the College or other governmental entities, as opposed to a private citizen or corporation, on a first priority basis. The College expects to pay a fair and reasonable price for all products/services in the event of a disaster, emergency or hurricane. Vendor shall furnish a twenty-four (24) hour telephone number in the event of such an emergency.

3.13 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 for Business Services & Resource Management.

3.14 CONFIDENTIAL INFORMATION. Florida law provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the College in connection with all Proposer’s responses shall be deemed to be public records subject to public inspection upon notice of intended decision or until 30 days after the solicitation opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07 F.S. Therefore, if the Proposer believes any of the information contained in its response is exempt from The Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the College will treat all materials received as public records.

From the date of issuance of the solicitation until the opening date, the Proposer must not make available or discuss their proposal, or any part thereof, with any employee or agent of the College, unless allowed by the Procurement Services Department, in writing, for purposes of clarity only.

The Proposer is hereby notified that any part of the proposal or any other material marked as confidential, proprietary, or trade secret, can only be protected against disclosure to the extent permitted by Chapter 119, Florida Statutes (Public Records Law).

3.15 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.

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

3.17 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.

3.18 QUANTITIES. The quantities listed on the Price Proposal Form are estimated quantities to be ordered throughout the contract period for each item and are not a guaranteed. Actual quantities ordered throughout the contract period may be greater or lesser than the bid/proposal estimates and shall be furnished at the fixed contract price. Purchases will be requested as needed throughout the contract period and as few as one each may be ordered at one time. The College reserves the right to increase or decrease the total quantities.

3.19 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.

3.20 PRICE ADJUSTMENTS. Prices offered shall remain firm for the initial three (3) years of the contract. No cost increases shall be accepted in the initial contract term. Please consider this when providing pricing for this solicitation. A request for price adjustment, with proper documentation justifying the adjustment, may be submitted only at the time of invitation to renew contract, approximately sixty (60) days prior to contract expiration. Prices offered shall remain firm through each contract expiration date.

Requests for price adjustments shall not exceed the percentage of change in the All Urban Consumer

Price Index (CPI_U) for *(see below), from the date of award, or shall not exceed 5%, whichever is less.

The CPI index will not be seasonally adjusted.

In the event that the overall CPI index, at the time of invitation to renew, is lower than the overall CPI at the time of contract award or last renewal, the College reserves the right to request a reduction in contract prices equal to the percentage of change.

The College reserves the right to reject any price adjustments, and to consult the U.S. Department of

Labor Bureau of Labor Statistics indices or any commercial or commodity-based index for related services or its component parts as a basis for reviewing price adjustments.

A. All Urban Consumer Price (CPI-U).

B. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), not seasonally adjusted U.S. City Average by expenditure category and commodity and service group for transportation (motor fuel).

C. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), Selected Local Areas, all items, Miami-Fort Lauderdale, FL.

The College reserves the right to not renew any contract regardless of price considerations and to cancel any renewal of any contract.

Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bls.gov or by contacting the Bureau directly.

3.21 EQUITABLE ADJUSTMENT. The College may, in its sole and absolute discretion, after receipt of a written request therefor by the Vendor and any other documentation, data or information reasonably requested by the College including with respect to any material change in the allocation of rights, obligations, risks, and liability between the College and the Vendor and the financial, technical, construction, commercial, and economic viability of and consistency with the parties objectives and goals for the project, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Vendor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Vendor that continued performance of the Contract would result in a substantial loss. The College shall, in its sole and absolute discretion, determine whether the aforementioned criteria have been met.

3.22 DEFAULT. The failure of either party to the Agreement resulting from this solicitation to comply with any of the provisions therein shall place that party in default. Prior to terminating the Agreement, the non-defaulting party shall notify the defaulting party in writing, stating the provision or provisions that give rise to the default. Unless the Agreement provides otherwise, the defaulting party shall be entitled to a period of 30 days from the receipt of the Notice of Default to cure the default if the default is capable of being cured and the defaulting party commences efforts to cure the default promptly. The failure of either party to exercise this right to terminate the Agreement upon the occurrence of a default shall not be construed as a waiver of such right in the event of further default or non-compliance, nor shall the non-defaulting http://www.bls.gov/ party's other rights upon a breach or default by the other party be waived. Except as the Agreement otherwise provides with respect to express remedies upon a breach or default, both parties have the right to exercise any and all legal remedies available to them by applicable laws. The prevailing party in any dispute resolution proceeding or litigation arising out of the Agreement shall be entitled, in addition to other relief, to the recovery of its expenses.

3.23 PUBLIC ENTITY CRIMES. The College reserves the right, among others, to reject the proposal of any person or affiliate and shall not award a contract to a person or affiliate, who is not eligible therefor or barred or excluded therefrom under any applicable laws, statutes, codes, regulations, orders, directives, decrees and treaties of the United States of America, any laws, statutes, codes, regulations, rules, orders, directives and decrees of the State of Florida and 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 such persons 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 trafficing 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 such person or affiliate, and the inclusion of any such person or affiliate on the Convicted Vendor List.

3.24 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. This solicitation incorporates the scrutinized companies’ requirements of Florida Statutes Sections 287.135(2), 287.135(4), 215.473 and 215.4725 and any related sections. By submitting a response to this solicitation, the Vendor certifies its compliance with these sections.

3.25 INDEMNIFICATION. The Vendor shall indemnify and hold harmless the College District Board of

Trustees, its officers, agents, and employees from any and all judgments, orders, claims, demands, expenses, damages or causes of action which may hereafter be sustained by the Vendor, its officers, employees, and agents or third parties resulting from the Vendor’s breach of this Agreement, strict liability or negligence in performing or failing to perform in connection with this Agreement.

3.26 SCOPE CHANGES. The College may upon mutual agreement with the Vendor, require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. Such equitable adjustments require the written consent of the Vendor, which shall not be unreasonably withheld.

3.27 STATEMENT PER FLORIDA STATUTE 1010.04. In accordance with Florida Section 1010.04, in the event that this solicitation is for non-academic commodities and/or contractual services (including leasing), the College has conducted the required review of purchasing agreements and state term contract available under Florida Statute Section 287.056.

3.28 JOINT VENTURE: In the event that multiple Proposers submit a joint submittal, a single Proposer shall be identified as the Prime Proposer. If offering a joint submittal, the Prime Proposer must include the name and address of all parties of the joint submittal. The Prime Proposer shall provide all bonding and insurance requirements, execute any Contract, complete the REQUIRED RESPONSE FORM shown herein, and have overall and complete accountability to resolve any dispute arising within this contract.

Only a single contract with one Proposer shall be acceptable. The Prime Proposer responsibilities shall include, but not be limited to, performing of overall contract administration, preside over other Proposers participating or present at College meetings, oversee preparation of reports and presentations, and file any notice of protest and final protest as described herein. The Prime Proposer shall also prepare and present a consolidated invoice(s) for services performed. The College shall issue only one check for each consolidated invoice to the Prime Proposer for services performed. The Prime Proposer shall remain responsible for performing services associated with response to this solicitation.

3.29 OSHA. The proposer warrants that the product and/or service supplied to College shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract.

3.30 PERFORMANCE OR PAYMENT BONDS. No Performance or Payment Bonds will be required for this solicitation.

3.31 ADDING OR DELETING CAMPUS/CENTER LOCATIONS. The following is a listing of the current

College locations. The College may, during the term of the contract, add or delete services, wholly or in part, at any College campus or center location. In the event that a site listed herein is deleted, the quoted cost for service being deleted shall be removed from the monthly invoice amount, if applicable. In the event that a site not listed herein is added to the contract, the vendor shall invoice the same amount as prices quoted herein for similar product/services.

A. Hugh Adams Central Campus 3501 SW Davie Road Davie, FL 33314

North Campus 1000 Coconut Creek Blvd Coconut Creek, FL 33066

Judson A. Samuels South Campus 7200 Hollywood/Pines Blvd Pembroke Pines, FL 33024

Willis Holcombe Center 111 East Las Olas Blvd, Building 33 Fort Lauderdale, FL 33301

Pines Center / Academic Village 16957 Sheridan Street Pembroke Pines, FL 33331

Weston Center 4205 Bonaventure Boulevard, Suite #2 Weston, Florida 33331

Miramar Town Center 2050 Civic Center Place Miramar, FL 33025

Miramar West Center 1930 SW 145 Avenue Miramar, FL 33027

Tigertail Lake Center 580 Gulfstream Way Dania Beach, FL 33304

Broward College at the YMCA 1409 NW 6th Street Fort Lauderdale, FL 33311

Cypress Creek Administrative Center 6400 NW 6th Way Fort Lauderdale, FL 33309

SECTION 4 – SUBMITTAL REQUIREMENTS

In order to maintain comparability and facilitate the review process, Proposers are requested to organize their proposals in the manner specified below, with proper section dividers and tabs. Include all information requested herein in your proposal.

Electronic submittals should be limited to not more than 100 pages. Covers, table of contents, section dividers and/or tabs, secondary dividers, addenda, samples, attachments, and supporting documents do not count towards the page limit. Required forms count towards the page limit. Dividers shall divide the sections TAB 1 through TAB

8. Secondary dividers (not in the page count) may be used at the Proposer’s discretion to present information clearly. Submissions in excess of 100 pages or not organized in a manner consistent with this section will not be disqualified; however, clarity, conciseness, and brevity will be taken into consideration during the evaluation process.

The College reserves the right to reject and not consider any proposal not organized and not containing all the information outlined herein. The College reserves the right to not consider proposals not clearly identified, enumerated, and titled. Submittals received after date and time established herein in SECTION 2.7 – TIMELINE will not be considered.

4.1 GENERAL INFORMATION.

(1) 4.1.1

Title Page and Table of Contents

Include RFP number, date, subject, name of the Proposer, address, and telephone number.