RFP 251606 Interpreting Services.pdf

RFP #251606

Interpreting Services

REQUEST FOR PROPOSAL (RFP) & PROPOSAL ACKNOWLEDGMENT

POSTING DATE:

April 22, 2025

RFP TITLE:

Interpreting Services (Re-Issue)

RFP OPENING DATE & TIME:

PROCUREMENTSPECIALISTTELEPHONE &EMAIL:

Stephen Castleberry 850.469.6207 scastleberry@ecsdfl.us

RFP NUMBER:

251606

Tuesday, May 20, 2025, 1:30 PM, CENTRAL TIME

NOTE: PROPOSALS RECEIVED AFTER THE RFP OPENING DATE AND TIME WILL NOT BE ACCEPTED.

The School District of Escambia County, Florida ("School District") solicits your company to submit a Proposal on the above referenced goods or services. All terms, specifications and conditions set forth in this request are incorporated by this reference into your response. Proposals will not be accepted unless all conditions have been met. All Proposals must have an authorized signature in the space provided below. All Proposals must be sealed and received in the School District's Procurement Department at 75 North Pace Blvd., Pensacola, Florida, 32505 by the "RFP Opening Date & Time" referenced above. All envelopes containing sealed Proposals must reference the "RFP Title," "RFP Number," and the "RFP Opening Date & Time." The School District is not responsible for lost or late delivery of Proposals by the U.S. Postal Service or other delivery services used by the Responder. If submitting electronically, Responders shall submit their response on BidNetDirect.com/florida. Proposals may not be withdrawn for a period of sixty

(60) days after the opening date unless otherwise specified.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR PROPOSAL.

PROPOSALS WILL NOT BE ACCEPTED WITHOUT THIS FORM BEING SIGNED BY AN AUTHORIZED

AGENT OF THE RESPONDER.

COMPANYNAME:

MAILINGADDRESS:

CITY, STATE, ZIP:

FEDERALEMPLOYER’SIDENTIFICATIONNUMBER(FEIN):

TELEPHONE NUMBER: (EXT: )

FACSIMILENUMBER: EMAIL:

HOW DID YOU FIND OUT ABOUT THIS RFP? SCHOOL DISTRICT WEBSITE BIDNET DEMAND STAR PRIME VENDOR___ OTHER___

I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR

CONNECTION WITH ANY OTHER RESPONDER SUBMITTING A PROPOSAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL TERMS AND CONDITIONS OF THIS RFP AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFP FOR THE RESPONDER. I FURTHER CERTIFY THAT I UNDERSTAND THAT FAILURE ON MY PART AS THE RESPONDER TO RETURN ALL PAGES OF THE ENTIRE RFP PACKAGE, AND/OR FAILURE TO RETURN ANY OF THE ITEMS LISTED IN SECTION Ill, SHALL RESULT IN A

DETERMINATION THAT THE PROPOSAL IS NONRESPONSIVE.

TYPED OR

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

9500-PUR-029 (rev March 6, 2015)

THE ESCAMBIA COUNTY SCHOOL DISTRICT

PROCUREMENT DEPARTMENT

75 NORTH PACE BLVD.

PENSACOLA, FL 32505

mailto:scastleberry@ecsdfl.us

I. INTRODUCTION &GENERAL INFORMATION

The School District of Escambia County is soliciting written proposals from qualified Sign Language (ASL and/or SEE) Interpreting Service Providers for the deaf and hard-of hearing students of the District. The District reserves the right to reject all Responses and to waive technicalities. Prices, terms, and conditions of this agreement cover all purchases for the services listed in this document for the entire term of this agreement. This document constitutes the contractual agreement. The entire document, pages 1 through 40 must be returned and signed as indicated. Proposals which are not submitted in accordance with this solicitation’s specifications may be rejected.

The District prefers Responders to have a “home” office (a permanent resident contact licensed in Escambia County, Florida or State of Florida) within one hundred (100) miles of the center of the I- 10 Bridge spanning the Escambia River to allow active interaction between the District’s contacts for the proposed services and the winning Responder(s). An Escambia County or State of Florida license must be submitted with your proposal.

If the Responder is not licensed in Florida, The Responder must submit a government-issued business license for the Home Office location and must have staff resources to provide services as specified in RFP within Escambia County, FL. This solicitation may be awarded to more than one Responder. The agreement(s) resulting from this solicitation will be for services on an as-needed basis. There is no guaranteed minimum for services to be provided.

All inquiries concerning this RFP shall be submitted in writing. Any questions must be received via email no later than 5:00 p.m., CST, April 28, 2025. Responses and/or any needed Amendment to this RFP will be posted to the ECSD’s Procurement Website https://www.escambiaschools.org/Page/1048 by 5:00 p.m., CST, May 5, 2025.

Please forward any inquiries to:

Stephen Castleberry Procurement Specialist Procurement Department Escambia County School District 75 North Pace Blvd.

Pensacola, FL 32505 Telephone: 850-469-6207 Email: scastleberry@ecsdfl.us

For the District to ensure equal treatment of all participating responders, the above-named individual is the District’s only designated representative for this RFP. Responders are expected to utilize this representative for ALL information regarding this RFP. Responders who contact any other District employee regarding the subject of this RFP are subject to disqualification from participating in this solicitation.

(Space Left Intentionally Blank) http://ecsd-fl.schoolloop.com/purchasing/bids mailto:scastleberry@ecsdfl.us

CALENDAR OFEVENTS

RFP Posting Date Tuesday, April 22, 2025

Deadline for Questions (See Page 2, Section I and Page 7, Section II. V)

Friday, May 2, 2025 at 5:00 p.m., CST

Answers to Questions and Any Addendums Posted By (See Page 2, Section I and Page 7, Section II.

V)

Friday, May 9, 2025 at 5:00 p.m., CST

RFP Opening (See Page 1)

Tuesday, May 20, 2025 at 1:30 p.m., CST

RFP Evaluation Friday, May 30, 2025 at 8:15 a.m., CST

School Board Approval Tuesday, June 17, 2025 Agreement Start Date Tuesday, July 1, 2025

II. GENERALTERMSAND CONDITIONS

NOTE: The term "Responder," "Respondent," "Contractor," "Independent Contractor," or "Vendor" as used within this Request for Proposal (RFP) refers to the person, company or organization responding to this RFP. The Responder is responsible for understanding and complying with the terms and conditions herein. The term "Parties," when used collectively, will apply to both the School District and the Responder.

A. GENERAL: Upon an RFP award, the terms and conditions of this RFP or any portion thereof, may upon mutual agreement of the parties be extended for an additional term(s) or for additional quantities (all original terms and conditions will remain in effect). Subject to the mutual consent of the parties, the pricing, terms and conditions of this RFP, for the products or services specified herein, may be extended to other municipal, city or county government agencies, school boards, community or junior colleges, or state universities within the State of Florida.

B. RFP OPENING AND FORM: Proposal openings will be public on the date and time specified on the Proposal Acknowledgement form. All Proposals received after the time indicated will be rejected as non-responsive and retained by the School District. Proposals by email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the Proposals only details concerning pricing or the offering will not be announced. All Proposals submitted shall become public record upon an announcement of a recommended award or thirty (30) days after the opening date whichever occurs first. To protect any confidential information contained in their Proposal, companies must invoke the exemptions to disclosure provided by law in response to the RFP, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

C. WARRANTY: All goods and services furnished by the Responder, relating to and pursuant to this RFP will be warranted to meet or exceed the Specifications contained herein. In the event of breach, the Responder will take all necessary action, at Responder's expense, to correct such breach in the most expeditious manner possible.

D. PRICING: All pricing submitted will include all packaging, handling, shipping charges, and delivery to any point within Escambia County, Florida to a secure area or inside delivery.

The District is exempt and does not pay Federal Excise and State of Florida Sales Taxes.

E. TERMS OF PAYMENT/ INVOICING: The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Responder's invoice. Itemized invoices, each bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

F. TRANSPORTATION AND TITLE: (1) Title to the goods will pass to the School District upon receipt and acceptance at the destination indicated herein. Until acceptance, the Responder retains the sole insurable interest in the goods. (2) The shipper will prepay all transportation charges. The School District will not accept collect freight charges. (3) No premium carriers will be used for the School District's account without prior written consent of the Director of Procurement.

G. PACKING: All shipments will include an itemized list of each package's content, and reference the School District's Purchase Order Number. No charges will be allowed for cartage or packing unless agreed upon by the School District prior to shipment.

H. INSPECTIONS AND TESTING: The School District will have the right to expedite, inspect and test any of the goods or work covered by this RFP. All goods or services are subject to the School District's inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Responder's risk. Such inspection, or the waiver thereof, however, will not relieve the Responder from full responsibility for furnishing goods or work conforming to the requirements of this RFP or the RFP Specifications, and will not prejudice any claim, right, or privilege the School District may have because of the use of defective or unsatisfactory goods or work.

I. STOP WORK ORDER: The School District may at any time by written notice to the Responder stop all or any part of the work for this RFP award. Upon receiving such notice, the Responder will take all reasonable steps to minimize additional costs during the period of work stoppage. The School District may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the RFP terms and conditions.

J. INSURANCE AND INDEMNIFICATION: The Responder agrees to indemnify and save harmless the School District, its officers, Specialists and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Responder, its Specialists, employees, or representatives, or are arising from any Responder furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School District. The Responder will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the School District. The Responder will, at the request of the School District, supply certificates evidencing such coverage.

K. RISK OF LOSS: The Responder assumes the following risks: (1) all risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided; (2) all risks of loss or damage to third persons and their property until delivery of all goods as herein provided; (3) all risks of loss or damage to any property received by the Responder or held by the Responder or its suppliers for the account of the School District, until such property has been delivered to the School District; (4) all risks of loss or damage to any of the goods or part thereof rejected by the School District, from the time of shipment thereof to Responder until redelivery thereof to the School District.

L. LAWS AND REGULATIONS: Responders will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Responders agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin.

All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida. The parties agree that jurisdiction for the resolution of any legal issues arising out of this Agreement shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum.

M. PUBLIC ENTITY CRIMES: A Responder, person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Proposals 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 Florida State Statute, Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

N. PATENTS: Responders agree to indemnify and save harmless the School District, its officers, employees, Specialists, or representatives using the goods specified herein from any loss, damage or injury arising out of a claim or suit at law or equity for actual or alleged infringement of letters of patent by reason of the buying, selling or using the goods supplied under this solicitation, and will assume the defense of any and all suits and will pay all costs and expenses thereto.

0. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. All Responders must disclose the name of any company owner, officer, director or Specialist who is an employee of the School District and/or is an employee of the School District and owns, directly or indirectly, an interest of five percent (5%) or more of the company.

P. TERMINATION: DEFAULT. The School District may terminate all or any part of a subsequent award by giving notice of default to Responder, if Responder: (1) refuses or fails to deliver the goods or services within the time specified; (2) fails to comply with any of the provisions of this RFP or so fails to make progress as to endanger performances, hereunder, or; (3) becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School District's liability will be limited to the payment for goods and services delivered and accepted as of the date of termination. CONVENIENCE. The School District may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Districts sole obligations will be to reimburse Responder for (1) those goods or services actually shipped/performed and accepted up to the date of termination, and (2) costs incurred by Responder for unfinished goods, which are specifically manufactured for the School District and which are not standard products of the Responder, as of the date of termination, and a reasonable profit thereon. In no event is the School District responsible for loss of anticipated profit nor will reimbursement exceed the RFP value.

Q. DRUG-FREE WORKPLACE: Whenever two (2) or more RFPs are equal with respect to price, quality, and service, an RFP received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process.

R. PERFORMANCE: In an effort to reduce the cost of doing business with the School District, and unless indicated elsewhere, no bid or performance bond is required.

However, upon award and subsequent default by Responder, the School District reserves the right to pursue any or all of the following remedies: (1) to accept the next lowest available RFP price or to purchase materials or services on the open market, and to charge the original awardees for the difference in cost via a deduction to any outstanding or future obligations; (2) the Responder in default will be prohibited from activity for a period of time determined by the severity of the default, but not exceeding two (2) years;

(3) any other remedy available to the School District in tort or law.

S. AUDIT AND INSPECTION: The School District or its representative reserves the right to inspect and/or audit all the Responder's documents and records as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Responder to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the School District's representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or subcontracts that directly or indirectly pertain to the transactions between the School District and the Responder.

T. SAMPLES AND BRAND NAMES: BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the corresponding level of performance the School District expects to receive as a minimum. Responders offering equivalents or superior products to the brand/model referenced will: (1) reference on the RFP in the space provided the manufacturer's name, brand name, model and/or part number; (2) next to the price, indicate "ALT" to reflect an alternate offering; (3) where no sample is provided with the RFP, enclose sufficient technical specification sheets and literature to enable the School District to reach a preliminary evaluation; (4) agree to any request by the School District for submission of a sample or to provide its product on-trial or demonstration, whichever the School District may deem appropriate, at no charge to the School District. The School District reserves the right to determine the acceptability of any alternatives offered. SAMPLES. Any sample requested by this RFP or to be provided at the Responder's option, should be forwarded under separate cover to the attention of the Procurement Department of the School District. The package or envelope will reference the RFP Number, RFP Title, and RFP Item Number and clearly marked "Samples." All samples will be provided free of charge, including transportation charges. Responders are responsible for notifying and making arrangements for pick up from the School District if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School District.

U. EVALUATION CRITERIA: Primary factors used to decide the award hereunder will be price, quality, availability, vendor experience, references, and responsiveness. Other factors that may be used in the evaluation of Proposals received will be: (1) administrative costs incurred by the School District in association with the discharge of any subsequent award; (2) alternative payment terms; (3) Responder's past performance. The School District reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any Proposal in its entirety or in part, and to waive minor irregularities if the Proposal is otherwise valid. In the event of a price extension error, the unit price will be accepted as correct. The School District has sole discretion in determining testing and evaluation methods. The School District may consider in conjunction to any award hereunder, those products, services and, prices available to them through contracts from state, federal, and local government agencies or other school districts within the State of Florida.

V. CLARIFICATIONS AND INTERPRETATIONS: The School District reserves the right to allow for clarification of questionable entries, and for the Responder to withdraw items with obvious mistakes. Any questions concerning terms, conditions or specifications will be directed to the designated Procurement Specialist referenced on the RFP Acknowledgement Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Specialist, in writing, no later than Friday, May 2, 2025 at 5:00 p.m., CST. Failure to do so, on the part of the Responder will constitute an acceptance by the Responder of a consequent decision. An addendum to the RFP shall be issued and posted for those interpretations that may affect the eventual outcome of this solicitation. It is the Responder's responsibility to assure the receipt of all addenda issued. No person is authorized to give oral interpretations of, or make oral changes to the RFP. Therefore, oral statements given before the RFP opening date will not be binding. The School District will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to the School District's Procurement website address at https://www.escambiaschools.org/Page/1048 no later than Friday, May 9, 2025 at 5:00 PM, CST. The Responder shall acknowledge receipt of all addenda by signing and enclosing said addenda with their Proposal.

W. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST: RFP tabulations with award recommendations are posted for seventy-two (72) hours in the Procurement Department and are also posted to the School District's Procurement website address at https://www.escambiaschools.org/Page/1048. Failure to file a protest within the time prescribed in Section 120.57(3) Florida State Statutes will constitute a waiver of proceedings under Chapter 120, Florida State Statutes and School Board Rules. RFP tabulations, recommendations or notices will not be automatically mailed.

X. CONTACT: All questions for additional information regarding this RFP must be directed to the designated Procurement Specialist noted on page one (1). Prospective Responders shall not contact any member of the Escambia County School Board, Superintendent, or staff regarding this solicitation prior to posting of the final tabulation and award recommendation on the website and in the Procurement Department. Any such contact shall be cause for rejection of your Proposal.

Y. PROPOSAL PREPARATION COSTS: Neither the School District nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this Proposal.

http://www.escambiaschools.org/Page/1048 http://www.escambiaschools.org/Page/1048

Z. AGREEMENT FORM: All subsequent agreements as a result of an award hereunder, shall incorporate all terms, conditions and specifications contained herein, and in response hereto, unless mutually amended in writing.

AA. ADDITIONAL TERMS AND CONDITIONS: The School District reserves the right to reject offers containing terms and/or conditions contradictory to those requested in this solicitation.

Ill. SPECIAL CONDITIONS These "SPECIAL CONDITIONS" are in addition to or supplement Section II GENERAL TERMS AND CONDITIONS. In the event of a conflict these SPECIAL CONDITIONS shall have precedence.

A. AGREEMENT TERM AND RENEWAL: All prices, terms, and conditions of the procurement agreement will be in effect from July 1, 2025 through June 30, 2026 with the option to renew for an additional four (4) one-year periods, upon mutual written agreement. Cancellation by the awarded Responder(s) must be in writing and received ninety (90) days prior to June 30th of each contract year. The agreement may be canceled by the Escambia County School Board, at any time, for any cause. As per Florida Statute 237.161, funding for future fiscal years is subject to availability of appropriated funds. All rate increases will only be granted based upon the expressed provisions of this RFP (See below for CPI increases.) This solicitation may be awarded to up to three (3) Responders if the District finds it to be in their best interest to meet their needs.

B. PRICING: It is the Responder’s responsibility to ensure that the pricing listed in the agreement will be the pricing for the initial contract year. The District will not pay fuel surcharges or travel cost.

C. CONSUMER PRICE INDEX (CPI): All pricing and rates proposed herein shall be firm through the second year of the Agreement.

For successive renewal years, adjustments to rates established in Attachment A will be negotiable and limited to the appropriate Consumer Price Index for All Urban Consumers (CPI- U): Selected areas, all items index for South urban; Size B/C as published by the US Department of Labor, Bureau of Labor Statistics in January of each year. Any requests for adjustments must be submitted in writing to the Procurement Department no later than February 1st of each following year. Rate adjustments will not be automatic. The most recent twelve (12) month period ending December 31st will be used to compute the percentage change in CPI-U. Current year pricing will be retained for an additional, successive year if the CPI-U is not greater than zero percent (0%) of if the successful Vendor fails to submit a rate adjustment by the deadline. If a rate adjustment is requested, the Procurement Department will provide notification of allowable increases, if applicable, by April 1st.

For Example: Using the CPI-U published for January or February of the then-current year, the contract hourly rates may be adjusted by adding the then-current contract year hourly rate to the product of the then-current contract year hourly rate and the percent change from January or February of the immediate prior term year to the same month of the then-current term year.

As an example, the percent change from CPI All Urban Consumers, South – Size Class B/C from December 2023 to December 2024 is 3.0%. If A equals the then-currently hourly rate and B equals the new contact hourly rate, the following calculation would be used.

A + (.030 * A) = B http://www.bls.gov/news.release/cpi.t04.htm http://www.bls.gov/news.release/cpi.t04.htm http://www.bls.gov/news.release/cpi.t04.htm http://www.bls.gov/news.release/cpi.t04.htm http://www.bls.gov/news.release/cpi.t04.htm

At any time, should extraordinary economic conditions exist, the District reserves the right to, at its sole discretion, negotiate further adjustments to the Contractor’s rate(s). The agreed upon new rates will not apply to any quotes or purchase orders issued before the start of the new Agreement year.

D. BACKGROUND SCREENING REQUIREMENTS: Since Awardee(s) will be working directly with students, the following additional provision is herein incorporated and made a part of this agreement by this reference:

Awardee will comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes;

by certifying that the Awardee and all of its employees who provide services under this contract have completed the background screening required by the referenced statutes and meet the standards established by the statutes. This certification will be provided to the District in advance of the Awardee providing any services on campus while students are present. The Awardee will bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Awardee and its employees. The Awardee will follow the procedures for obtaining employee background screening as outlined on the District’s Website: Escambia County School District (https://www.escambiaschools.org/). Awardee will provide the District a list of its employees who have completed background screening as required by the referenced statutes and meet the statutory requirements. Awardee will update these lists in the event that any employee listed fails to meet the statutory standards or new employees who have completed the background check and meet standards are added. The parties agree that in the event that Awardee fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling the District to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Awardee agrees to indemnify and hold harmless the District, its officers and employees from any liability in the form of physical injury, death, or property damage resulting from Awardee’s failure to comply with the requirements of this paragraph or Sections 1012.32 and 1012.465, Florida Statutes.

E. EQUAL OPPORTUNITY: Responders affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state, and local laws and regulations including, but not limited to: Executive Order 11478 as amended by 11590, 12106, 13087, 13152, and 13672; Executive Order 11246 as amended by 11375, 11478, 12086, 12107, 13279, 13665, and 13672; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964 and 1991; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act of 1990; the Genetic Information Act of 2008; 41 CFR Part 60, 2 CFR Part 200 and any additions or amendments thereto.

F. THE RESPONDER AS AN INDEPENDENT CONTRACTOR: The Responder shall have sole control over the manner and means of providing the services performed under this Agreement. The Responder's relationship to the School District under this Agreement shall be that of an Independent Contractor. Neither the Responder, nor its subcontractors, will be considered a Specialist or employee of the School District for any purpose.

As an Independent Contractor, the Responder and its subcontractors are responsible for all tax’s incident to payments for services herein, including without limitation, all state and federal income taxes, payroll and other taxes, and Workers' Compensation.

https://www.escambiaschools.org/

G. CONFLICT OF INTEREST: The Responder affirms that, to the best of its knowledge, there exists no actual or potential conflict between the Independent Contractor's family, business, or financial interests and its services under this Agreement; and, in event of change in either its private interests or services under this Agreement, the Responder will raise with the School District any questions regarding possible conflict of interest which may arise as a result of such change.

H. COMPLIANCE WITH LAWS: The Responder agrees to comply with all applicable laws, statutes, regulations, rulings, or enactments of any governmental authority. The Responder shall obtain from third parties, including State and local governments, all licenses, permits and permissions necessary for the performance of the work. Lack of knowledge by the Responder will, in no way, be a cause for relief from responsibility. The Responder will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the District.

I. GOVERNING LAWS: This Agreement is to be governed and construed in accordance with the laws of the State of Florida. The parties agree that jurisdiction for the resolution of any legal issues arising out of this Agreement shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum.

J. HARASSMENT/DISCRIMINATION: Responder doing business with the Districts are prohibited from harassing, sexually harassing, and/or discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection.

K. EXAMINATION OF RECORDS: The Responder agrees that the District, the Comptroller

General of the United States of America and/or the Inspector General of the Federal Sponsoring Agency, and the Auditor General of the State of Florida or their duly authorized representatives shall have access to, and the right to examine, any directly pertinent books, papers, and records of the Responder involving transactions related to this Agreement until the expiration of seven (7) years after final payment under this Agreement or if an audit has been initiated and audit findings have not been resolved at the end of seven (7) years, the records shall be retained until resolution of the audit findings.

L. EX PARTE COMMUNICATION:

1. Ex parte communication, whether verbal or written, by any potential Responders or representatives of any potential Responders to this solicitation with School District personnel involved with or related to this RFP, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Responders' offer.

2. Ex parte communication, whether verbal or written, by any potential Responders or representative of any potential Responders to this solicitation with School District Board members is also prohibited and will result in the rejection/disqualification of the Responders' offer.

3. Any current meetings the Responder has with School District staff and administration, or instructional personnel, shall at no time include any conversation regarding the RFP.

M. COVENANT AGAINST CONTINGENT FEES: The Responder warrants that no person or agency has been employed or retained to solicit or secure a contract pursuant to this RFP upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.

For breach or violation of this warranty, the District shall have the right to annul the contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.

For purposes of this Section:

1. Bona fide agency means an established commercial or selling agency, maintained by a

Responder for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence.

2. Bona fide employee means a person, employed by a Responder and subject to the

Responder’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence.

3. Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract.

4. Improper influence, as used in this clause, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter.

N. SAFEGUARDING INFORMATION: Contractor will not use or disclose any information concerning a recipient of services under this Agreement for any purpose not in conformity with state regulations, federal regulations, and the Board’s policies except upon written consent of the recipient, or his responsible parent or guardian, when authorized by law.

O. FORCE MAJEURE: A “Force Majeure Event” means fire, flood, earthquake, acts of God, wars, riots, civil unrest, vandalism, acts of terrorism, or any other similar cause beyond the reasonable control of either Party (the District or the Responder) except to the extent that the non- performing Party is at fault in failing to prevent or causing the default or delay and provided that the default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans, or other means. A strike, lockout, or labor dispute shall not constitute a Force Majeure Event and shall not excuse the Responder from its obligations under this Agreement.

P. MISCELLANEOUS:

1. The submission of a Proposal shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed.

2. The Proposer shall furnish the School District such additional information as the School

District may reasonably require.

3. The School District will not be liable for any costs not included in the Proposal and subsequent contracted-for-costs.

4. The School District reserves the right to reject any and all Proposals, and the right, in its sole discretion, to accept the Proposal it considers most favorable to the School District's interests. The School District further reserves the right to reject all Proposals and to seek new Proposals when such a procedure is reasonable and in the best interest of the School District.

5. The School District reserves the right to waive any of the conditions or criteria set forth in this RFP.

6. The School District reserves the right to purchase unlimited quantities of services under this Agreement for any facility operated by the School District.

7. Locations for services may be added, deleted, or amended at any time as communicated by the District Point of Contact (POC) in writing and copied to the Procurement Specialist listed on Page 1.

Q. FEDERAL LAWS AND REGULATIONS: Services performed under this Agreement may be paid with federal funds. The Contractor shall comply with the provisions of 45 CFR, Part 74, 2 CFR, Part 200 and other applicable regulations.

1. Title VI of Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the Education Amendments, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, 7 C.F.R. Parts 15, 15a and 15b, and FNS Instruction 113-1, Civil Rights Compliance and Enforcement-Nutrition Programs and Activities, and any additions or amendments.

2. The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311-1330, § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 1.1 et seq.).

3. Certification Regarding Lobbying pursuant to 31 U.S.C.1352 [2 CFR 200.326 Appendix I I(J)].

4. Disclosure of Lobbying Activities pursuant to 31 U.S.C.1352 [ 2 CFR 200.326 Appendix I

I(J)].

5. Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

6. Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5).

7. Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60).

8. Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3).

9. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

10. The vendor is subject to the provisions of Section 2209d of Title 7 of the United States

Code due to the use of federal funds for the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved.

11. Right to Inventions Made Under a Contract or Agreement [2 CFR.200.326 Appendix II (F)].

12. Procurement of Recovered Materials (§200.322), EPA (40 CFR Part 247).

13. Breach of Contract [2 CFR Appendix II to Part 200(b)].

14. Byrd Anti-Lobbying [2 CFR 200.326 Appendix II (J)].

15. For Small, Minority/Disabled Service Veteran and Women-owned businesses, this solicitation is also posted with the FL state OSD (Office of Supplier Development).

We encourage all suppliers to register with the Florida Department of Management Services Office of Supplier Development at: https://osd.dms.myflorida.com

R. PRIVACY REGULATIONS: The Contractor will follow health information confidentiality regulations as defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, the Family Educational Rights and Privacy Act (FERPA) of 1974 and the Protection of the Pupil Rights Amendment (PPRA) of 1978.

S. TOBACCO: All District property, including but not limited to school buildings, athletic fields, parking lots and District-owned vehicles are considered tobacco-free per the School Board of Escambia County’s Tobacco/Cotinine/Nicotine-Free School Policy (6Gx17-3.22), the Florida Clean Indoor Air Act (Article XXIX, Chapter 386) and the Constitution of the State of Florida (Article X, Section 20).

IV. SPECIFICATIONS AND SCOPE OF WORK

A. AFTER AWARD OF THE CONTACT: The name and contact information for the Contract

Manager for the School District for this contract is:

Sondra Hill, Director, Exceptional Student Education Escambia County School District J.E. Hall Center 30 E. Texar Drive Pensacola, FL 32503 Office: (850) 469-5340 Fax: (850) 429-2954

The School District Contract Manager may interview possible Responder’s Interpreters before any services can be provided and will provide information of the number of students needing interpretive services along with their grade levels prior to the beginning of the new school year.

B. RESPONDER EMPLOYEES: Winning Responder(s)/Provider(s) will provide a list of all available Interpreters in writing at the beginning of the school year. Winning responder(s)/provider(s) will provide to the District the completed “Contracted Sign Language Interpreter Minimum Qualifications Checklist” (See page 27) for each listed Interpreter. Any additional Interpreter(s) hired by provider(s) during the term of this agreement must have this form completed and forwarded to the Contract Manager.

C. ACCEPTABLE CREDENTIALS/ CERTIFICATIONS: Responder(s)/Provider(s) are to provide a copy of all Interpreters’ recognized credentials or certifications of interpreting skills to the School District Contract Manager before the beginning of the school year. Higher qualifications do not guarantee being chosen to work with the District as an Interpreter. Three

(3) categories will define your listed Interpreters. If your Interpreter has higher qualifications and a lower EIPA score they will qualify as a lower category Interpreter.

The District shall not be responsible or liable for any non-compete agreements made by any Responder(s)/Provider(s) or credentialed/certified interpreter.

https://osd.dms.myflorida.com/

These categories of credential and certifications are not intended to limit or exclude credentials or certification equivalents that may be recognized in other states. Consideration of equivalent credentials or certifications recognized in states other than Florida will be considered on an individual basis at the discretion of the School District Contract Manager.

Credentials and Certifications Category Titles

No Credentials/ Certifications

QA I EIPA up to 2.9

EIE I

Recognized Credentials/ Certifications

QA II EIPA 3.0-3.9

QA III

EIE II

EIE III

3 National Credentials/ Certifications

EIPA 4.0 or greater

RID Certification*

*With both performance and written scores

D. SCHEDULES: Services will be provided in accordance with Escambia County School District’s School Calendar which is located at https://www.escambiaschools.org/domain/426. Scheduling of Interpreters will be handled between the Responder(s)/Provider(s) and the District Contract Manager. The District will assign interpreters at their discretion based on student needs. The District reserves the right to reject interpreters provided with or without cause.

Some additional services may be needed during the extended school year.

Working hours rely on student hours, not exceeding seven (7) hours on a regular school day. Interpreters will be able to acquire a one (1) hour lunch during their assigned school day.

If the assigned student is absent the Interpreter must call the designated District Contract Manager and Responder(s)/Provider(s) as soon as possible. The District Contract Manager may assign the interpreter to a different worksite/student(s), or working hours may be reduced to two (2) hour service for that specific time of that day.

If the assigned student will be out for more than three (3) days, services will be placed on hold, without any charges, until student is back in class.

If student(s) requiring interpreting services are absent and result in an excess of interpreters, interpreters may be reassigned to different worksite/student(s), or working hours may be reduced to two (2) hour services for that specific day.

E. REASSIGNMENT OF INTERPRETER: When students move from one school to another within the Escambia School District, the Interpreter may be reassigned to the new school where that student is attending, or to another student as needed.

https://www.escambiaschools.org/domain/426

As new deaf or hard of hearing students register with the Escambia County School District, additional interpreting services may be required to meet this need. If the Responder(s)/Provider(s) are unable to fill these needs as determined by the District, the District may seek outside services.

As Interpreters are assigned to service a specific student(s), the Interpreters service agreement will end if that student moves out of the District.

F. UNSATISFACTORY PERFORMANCE: When services provided by an Interpreter are not satisfactory, the District ESE Director/School District Contract Manager will contact Responder(s)/Provider(s) with a written notice of unsatisfactory performance.

Two (2) written notices of unsatisfactory performance for the same Interpreter will constitute removal of that Interpreter. A replacement will be assigned without delay by the Responder(s)/Provider(s) so that services are not interrupted.

G. RECORDS RETENTION: Due to the use of federal funds for this service, Responder(s)/Provider(s) must retain all required records for five (5) years after the District, (grantees or sub grantees) make final payments and all other pending matters are closed.

H. INVOICING: Invoicing for services provided will be submitted twice per month only and are to be reviewed and approved by the District Contract Manager before payment is made.

I. PAYMENT: Pay rate will be paid by quarter hour increments and will be based on student school hours. The hourly rate will not fluctuate with time of service.

Hourly rates will remain the same during this contract unless rate increases tied to the CPI are approved per this RFP.

Hourly rates will vary based on Interpreters credentials. Interpreters without credentials or with lower levels of certification will be paid a lower hourly rate as compared to those holding a recognized or higher level of credentials or certifications of interpreting skills.

Cost for services provided for deaf and hard of hearing students after regular school hours will be paid directly from the District ESE Department.

Services requested for parents that are deaf or hard of hearing are part of this award and the schools will arrange for these services to be provided via the District ESE Department.

Services provided need to be invoiced directly to the District ESE Department for payment.

Travel expenses within the District will only be paid if an interpreter is assigned to at least two

(2) different schools on the same day or if coverage is needed in a location that the District Contract Manager constitutes as an excessive distance to be traveled (e.g., rural areas far removed from the majority of the District). Travel expenses to be paid as a result of excessive travel distances will be determined by the District Contract Manager on an individual basis as required to meet student needs. Mileage rates will be paid in accordance with each District travel policies.

Payment for extra duty assignments that occur outside of the regular school day will be reimbursed based upon the District Deaf or Hard of Hearing Interpreter Reimbursement Schedule for Extra Duty Assignments. A copy of the appropriate District Deaf or Hard of Hearing Interpreter Reimbursement Schedule for Extra Duty Assignments will be provided to the Responder(s)/Provider(s) at the time Interpreting services are requested for extra duty assignments.

V. PREPARATION AND SUBMISSION REQUIREMENTS

Proposals not conforming to the instructions provided herein may be subject to disqualification at the! sole discretion of the District. Proposals must be submitted in hardcopy format or electronically via! BidNetDirect.com/florida. Fax and/or email submissions will be considered “non-responsive”. Any disqualified Proposals will be retained by the District.

All documents listed below must be returned in…