Summer Boost Educational Board Game.pdf
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- Attached to
- Summer Boost Educational Board Game
- Solicitation number
- RFP-08111
- Issued by
- Hillsborough County, Florida
About this file
This document is a Request for Proposal (RFP) issued by the Early Learning Coalition of Hillsborough County (ELCHC) in Florida. ELCHC is seeking an organization or independent contractor to develop an educational board game focusing on Kindergarten Readiness Skills, with content provided by ELCHC to ensure alignment with the unique needs and characteristics of Hillsborough County. The game must be suitable for children aged 4 to 6 years old and facilitate engagement and learning. Responders must be able to deliver up to 1,000 complete board games with a tight development timeline, clearly outline shipping logistics, ensure quality, and provide a comprehensive pricing proposal. The RFP outlines the submission requirements, including organizational information, detailed scope of work, and prior related experience. Proposals are due by March 15, 2024, and the evaluation period will begin on March 16, 2024, with the award and contract execution expected in March 2024.
The RFP states that the project will be funded 100% from federal funds, with disclosure to comply with Public Law 103-333, Section 508. ELCHC is committed to ensuring a smooth and efficient delivery process and will provide the necessary delivery address and contact information. The RFP also includes standard contract clauses, such as indemnification, insurance requirements, proprietary and confidential information, E-Verify, and termination provisions.
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REQUEST FOR PROPOSAL
Summer Boost Educational Board Game
February 29, 2024 to March 15, 2024
Inquiries and proposals should be directed to:
Gary Meyer Chief Financial Officer
Early Learning Coalition of Hillsborough County
6302 E. Dr. Martin Luther King, Jr. Blvd.
Suite 100
Tampa, FL 33619 gmeyer@elchc.org
I. GENERAL INFORMATION
A. Purpose. This request for proposal (RFP) is for the Early Learning Coalition of Hillsborough County (“ELCHC” or “Coalition”) to identify and contract experienced game developers to create an educational board game focusing on Kindergarten Readiness Skills. The game's content will be provided by our organization, ensuring it is tailored specifically to the needs and characteristics of children in our county.
B. Who May Respond. Any U.S. based organization or independent contractor providing the specific services described above.
C. Instructions on Proposal Submission.
1. Closing Submission Date. Proposals must be submitted via email no later than 5:00 pm EST on March 15, 2024.
2. Inquiries. Inquiries concerning this RFP should be emailed to:
Gary Meyer Chief Financial Officer gmeyer@elchc.org
3. Conditions of Proposal. All costs incurred in the preparation of a proposal responding to this RFP will be the responsibility of the Offeror and will not be reimbursed by the Early Learning Coalition of Hillsborough County (the “Coalition”), It is the responsibility of the Offeror to ensure that the proposal is received via email by the Coalition by the date and time specified above. Late proposals will not be considered.
To ensure a fair review and selection process, personnel submitting proposals are specifically requested not to make other contacts with Coalition staff or members of the Board of Directors regarding this proposal during the proposal’s timeline. Failure to comply with this request will result in disqualification of the proposal.
4. Right to Reject. The Coalition reserves the right to reject any and all proposals received in response to this RFP. A contract for the accepted proposal will be drafted based upon the factors described in the RFP.
mailto:gmeyer@elchc.org
5. Minority-Owned Businesses. Efforts will be made by the Coalition to utilize woman, minority and/or service-disabled veteran owned businesses.
6. Notification of Award. It is expected that a decision selection will be made in March 2024. Upon conclusion of final negotiations, all Offerors submitting proposals to this Request for Proposal will be informed about the selection decision. If both parties cannot agree on prices for a formal contract, the work will be rebid.
II. DESCRIPTION OF ENTITY. The Early Learning Coalition of Hillsborough County
(ELCHC) was created in response to the School Readiness Act (s. 411.01, Florida Statutes (FS)) in 2000 and is dedicated to ensuring quality early care and education for children in Hillsborough County. The Coalition is a nonprofit corporation which has been determined to be exempt from Federal income tax under Section 501 (c)(3) of the Internal Revenue Code.
The project included in this RFP will be funded 100% from federal funds, with disclosure to comply with Public Law (P.L.) 103-333, s. 508.
Mission : The Early Learning Coalition of Hillsborough County provides children, birth to 5 years, high quality, equitable and inclusive early learning experiences preparing them for success in school and life through the collaboration of families, educators, and the community.
FAST FACTS:
• Current number of staff: 150
• 2022-2023 Operating Budget: $234,482,081
• Current number of board of directors: 24
• Approximately 1,200 child care providers in Hillsborough County
• 2022-2023 School Readiness children served: 12,579
• 2022-2023 Voluntary Pre-Kindergarten (VPK) children served: 11,579
• Website to learn more: www.elchc.org
III. SCOPE OF SERVICES NEEDED
The Early Learning Coalition Hillsborough County is seeking an organization or independent contractor who can provide:
http://www.elchc.org/
1. Product Specifications: Develop a board game that targets essential Kindergarten Readiness Skills such as literacy, numeracy, social-emotional development, fine motor skills, and critical thinking.
• Utilize content provided by The Early Learning Coalition of Hillsborough
County to ensure alignment with the unique educational priorities and characteristics of Hillsborough County.
• Design an age-appropriate game suitable for children aged 4 to 6 years old, facilitating engagement and learning at pre-kindergarten and early kindergarten levels.
• Create a collaborative learning experience that can be easily integrated into home and classroom settings, fostering interaction among children, parents, and educators.
• Produce visually appealing game components that capture children's attention and enthusiasm for learning.
2. Delivery: Specify the delivery schedule, including estimated delivery times and costs for materials as a complete set.
3. Pricing: Provide a detailed pricing proposal, including itemized costs for each component and any associated fees (e.g., shipping, handling).
4. Sole Source Justification: The provider must provide a justification for their sole source status, detailing the uniqueness and unavailability of these materials from other sources if provider is a sole source for these materials.
ELCHC Responsibility:
The ELCHC will provide the content for the board game as well as any marketing content specific to the ELCHC and its partners that will appear on the game board. The Early Learning Coalition of Hillsborough County (ELCHC) is committed to ensuring a smooth and efficient process for the delivery of educational materials to participants.
As the educational institution responsible for coordinating this initiative, ELCHC understands the importance of a seamless and organized delivery process.
Therefore, we will supply the necessary and accurate delivery address to the selected provider, ensuring that the materials reach our office without any unnecessary delays or complications.
ELCHC takes this step to alleviate any potential logistical challenges and to enhance the overall experience for both participants and the provider. By providing the delivery address and contact phone number, we aim to streamline the process and minimize any potential confusion or errors in the delivery of educational materials.
Responders to the RFP:
Responders to the RFP will ensure the delivery of up to 1,000 complete board games designed by criteria mentioned above.
1. Tight Development Timeline:
Responder must be able to develop a draft proof of the game within 30 days of receiving content from the ELCHC and a final game 15 days after receiving draft proof comments from the ELCHC.
2. Shipping:
• Clearly outline the logistics and procedures for shipping materials directly to ELCHC.
• Specify the expected delivery timeline, shipping methods, and any associated costs.
• Detail the communication process to ensure participants are informed and can track their deliveries.
3. Quality Assurance:
• Assure the quality and suitability of all provided materials for educational purposes.
• Guarantee that materials are free from defects, damage, or discrepancies at the time of delivery.
4. Pricing:
• Submit a clear and comprehensive pricing proposal, including itemized costs for each component and any associated fees (e.g., shipping, handling).
• Ensure transparency in pricing and any potential additional charges.
5. Delivery Schedule:
• Specify the estimated delivery times for the materials, both collectively and for individual shipments.
• Provide a clear schedule for delivering all components as outlined in the
RFP.
6. Sole Source Justification:
• Provide a justification for their sole source status, detailing the uniqueness and unavailability of these materials from other sources if provider is a sole source for these materials.
IV. CONTRACT ETHICS
1. No employee of the Coalition who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions, which affects his or her direct or indirect personal or financial interest.
2. It is a breach of ethical standards for any person to offer, give or agree to give any Coalition employee, Board of Director, or for any Coalition employee, or Board of Director to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public.
V. PROPOSAL SUBMISSION. Proposals received after the deadline will not be accepted. It is neither Coalition’s responsibility nor practice acknowledging receipt of any proposal. It is the responder’s responsibility to assure that a proposal is received in a timely manner.
The Coalition reserves the right to reject any and all proposals, to waive irregularities and informalities, to request additional information from all respondents, and further reserves the right to select the proposal which furthers the best interests of the Early Learning Coalition of Hillsborough County.
Each proposal shall be considered binding and in effect for a period of ninety (90) days following the proposal opening.
VI. PROPOSAL CONTENTS. The Offeror, in its proposal, shall at a minimum include the following:
1. Organizational information
a. Bidder name
b. Address
c. Email
d. Phone, and preferred method of contact
e. Indicate, if appropriate, if the firm is a small or Certified Minority
Business Enterprise (CMBE include certificate with RFP)
f. Name where you maintain office(s)
2. Detailed Scope of Work Items:
a. Description of how you intend to deliver the services and accomplish the objectives outlined herein.
b. Biography or resume of key personnel involved in service delivery.
c. List and samples of prior related work.
d. Proposed fee for providing services, including details of how fee amount was derived (number of hours, hourly rate, cost of materials, etc.). Your fee should be inclusive of administrative and travel expenses and not require direct reimbursement of these expenses.
e. Agreement that you will enter into a standard ELCHC contract (see Exhibit A).
VII. RFP Timeline RFP Issue Date:
February 29, 2024
Deadline to submit questions
March 8, 2024 to gmeyer@elchc.org. Please title subject “RFP:
Summer Boost Educational Board Game”
Questions will be answered by March 12, 2023
Proposal Due Date
March 15, 2024 by 5:00 PM (EST)
Evaluation Period Begins
March 16, 2024
Award and Contract Execution
March, 2024.
VIII. RFQ SCORING. Proposals will be scored based on the following attributes and weights:
Attribute Weight Proven experience providing easy to use, high quality educational materials
40%
Ability to demonstrate exceptional response time and satisfaction guaranteed
30%
Ability to show value along with cost 15% Ease of ordering platform 10% Certified Minority Owned Business 5% mailto:gmeyer@elchc.org
EXHIBIT A
Hillsborough County School Readiness Coalition, Inc.
D/B/A
Early Learning Coalition of Hillsborough County
Contracting With
{insert Contractor name}
For
{insert Goods or Services}
THIS AGREEMENT is made and entered into as of {insert date}, (the "Effective Date") by and between the Hillsborough County School Readiness Coalition, Inc. DBA the Early Learning Coalition of Hillsborough County, with offices at 6302 E. Dr. MLK Jr. Blvd, Suite 100, Tampa, Florida, 33619 ("COALITION") at date of contract execution, and {insert vendor name} with offices at {insert Vendor address} ("CONTRACTOR").
The COALITION and the CONTRACTOR agree to the following:
A. Effective Term The term of this Contract shall commence on {insert commencement date} or the date on which the Contract has been signed by the last party required to sign it, whichever is later ("Effective Date"), and shall conclude on {insert end date} ("Term").
B. Purpose This AGREEMENT defines the professional services provided by the CONTRACTOR. The CONTRACTOR shall provide its professional services, as specified in the Scope of Work.
C. Scope of Work The CONTRACTOR will provide the following:
COALITION hereby retains the services of CONTRACTOR for {insert goods or services} in accordance with the Proposal submitted by the CONTRACTOR to the COALITION on {insert proposal date} (the “Proposal”), a copy of which is attached hereto as Exhibit A and the terms of which are expressly incorporated herein by reference. {insert Scope of Work details as needed}.
D. Due Date
The CONTRACTOR agrees to be available and shall finish services by {insert end date}.
E. Compensation & Payment
1. The total price for all the work set forth in the Agreement shall not exceed {insert price}.
2. When both parties have signed this AGREEMENT, and after CONTRACTOR has delivered goods or services, the COALITION agrees to make a payment upon receipt of a properly payable invoice which has been approved by COALITION management. {insert payment schedule; Florida Statute does not allow for prepayment of goods or services} All goods and/or services are subject to final approval by a representative of COALITION prior to payment.
3. The COALITION shall make payment within thirty (30) calendar days of receipt of invoice.
F. Indemnification
The CONTRACTOR agrees to be liable for and to indemnify the COALITION against all claims, suits, judgment, or damages, including court costs and attorney’s fees, arising out of the negligent or intentional acts or omissions of the CONTRACTOR, or arising out of the violation of any copyright law by the CONTRACTOR in the course of the performance of this AGREEMENT. In no event shall the CONTRACTOR be liable for or have any obligation to defend the COALITION against such claims, suits, judgment, or damages, including costs and attorney’s fees, arising out of the sole negligent acts of the
COALITION.
G. Insurance and Risk Mitigation
The CONTRACTOR shall maintain liability insurance coverage on a comprehensive basis and hold such liability insurance at all times during the existence of the AGREEMENT and any renewal(s) or extension(s) of it. By execution of this agreement, the CONTRACTOR accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the CONTRACTOR and the clients to be served under the agreement.
1. Commercial General Liability
a. Each Occurrence $1,000,000
b. Personal Injury $1,000,000
c. General Aggregate $3,000,000
d. Products & Completed Operations $3,000,000
e. Damage to Rented Premises $1,000,000
2. Automobile Liability
a. Combined Single Limit $1,000,000
3. Worker’s Compensation & Employers’ Liability (E.L.)
a. E.L. Each Accident $1,000,000
b. E.L. Disease-Each Employee $1,000,000
c. E.L. Disease-Policy Limit $1,000,000
4. Professional Errors and Omissions $1,000,000
The CONTRACTOR will have and continuously maintain all other types of insurance as required by law. In the event that any of the coverage described above is canceled by the insurer for any reason, the CONTRACTOR shall immediately notify the COALITION of such cancellation and shall obtain replacement coverage acceptable to the COALITION and provide proof of such replacement coverage within ten (10) calendar days after the cancellation of coverage. All insurance policies shall be with insurers qualified and doing business in Florida. The COALITION shall be furnished proof of coverage of insurance by standard ACORD form certificates of insurance upon request.
H. Proprietary and Confidential Information
1. CONTRACTOR agrees to hold in trust and confidence any confidential and proprietary information or data relating to COALITION business and shall not disseminate or disclose such information to any individual or entity, except CONTRACTOR’s employees or subcontractor’s performing services hereunder (who shall be under a duty of confidentiality), and any other individuals specifically permitted in each instance by the COALITION.
2. With respect to any confidential information, the CONTRACTOR’s obligations of nondisclosure set forth above shall continue to apply to such information for as long after this Agreement expires or terminate, as such information remains confidential.
3. An item will not be considered confidential information of the COALITION if it is:
a. In the public domain prior to disclosure to the CONTRACTOR or subsequent to such disclosure but through no fault of the CONTRACTOR; or
b. Obtained from a third party not subject to a duty of confidentiality.
4. The CONTRACTOR agrees that any computer programs, software, documentation, copyrightable work, discoveries, improvements, or other deliverables (hereinafter “Work”) developed by the CONTRACTOR solely, or with others, resulting from the performance of CONTRACTOR’s responsibilities and obligations pursuant to this Agreement are property of the COALITION. If for any reason the Work would not be considered a work made for hire under applicable, law, for the consideration included herein, CONTRACTOR does hereby sell, assign, and transfer to the COALITION its successors and assigns, the entire right, title and interest in and to the Work, including but not limited to exclusive rights to reproduce, distribute, prepare derivative works, display and perform the Work. CONTRACTOR agrees to provide whatever assistance is necessary for the CONTRACTOR to preserve its commercial interest including, but not limited to, the filing of patent and copyright protection. This provision shall survive expiration and termination of this Agreement.
I. E-Verify
1. The CONTRACTOR shall provide the COALITION within ninety (90) days of the effective date of this Agreement a copy of the “Edit Company Profile” screen indicating the enrollment in the E-Verify program.
2. CONTRACTOR further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above.
3. Pursuant to Florida Statute s 448.09, CONTRACTOR will not employ, contract with, or subcontract with an unauthorized alien as it relates to services included in the contract with the COALITION.
J. CONTRACTOR Information
1. Independent CONTRACTOR Status: CONTRACTOR agrees that the relationship between CONTRACTOR and the COALITION is that of an independent CONTRACTOR for employment tax purposes. CONTRACTOR shall be solely responsible for self-employment, income or any other taxes relating to payments under this agreement including those of any employees.
2. The CONTRACTOR agrees that during the duration of this Agreement as a condition of the COALITION’s duty to perform under the terms of this Agreement that the CONTRACTOR will be in compliance with all applicable laws and regulations of the state and federal government.
K. Public Records Law Compliance, Access and Confidentiality
1. All CONTRACTOR records classified as public records must be open and available for inspection by any person unless otherwise specified by law. It is the responsibility of CONTRACTOR to maintain records in a location accessible to the public.
2. Pursuant to 2 CFR §200.336, Access to records, CONTRACTOR agrees to provide access by COA, the Florida DFS, the Florida Auditor General, HHS, Inspector Generals of federal and state agencies, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of CONTRACTOR which are pertinent to this specific award for the purpose of making audit, examination, excerpts, and transcriptions. The right also includes timely and reasonable access to the non-Federal entity's personnel for the purpose of interview and discussion related to such documents. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.
3. Representatives of COALITION, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability ("OPPAGA"), and their duly authorized representatives, shall have access, for purposes of examination, to any books, documents, papers, and records, including electronic storage media, of CONTRACTOR as they may relate to this agreement.
4. CONTRACTOR shall maintain (or have immediate access to) books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by COALITION under this agreement.
5. COALITION shall have the right to audit CONTRACTOR's records and practices related to use and disclosure of confidential information. COALITION agrees to make internal practices, books, and records, including policies and procedures and confidential information, relating to the use of and disclosure of confidential information received from, or created or received by CONTRACTOR on behalf of, COALITION available to COALITION upon request.
6. CONTRACTOR shall include the aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
L. Remedies
CONTRACTOR agrees to exhaust all administrative remedies, to the extent available, prior to seeking any other contractual or legal remedies.
M. Nonperformance and Financial Remedies
If CONTRACTOR fails to perform in accordance with this Contract, COALITION will apply financial consequences as described in accordance with §§ 287.058(1)(h), 215.971(1)(c), Fla. Stat. (2023). The foregoing does not limit additional financial consequences, which may include but are not limited to withholding funds, withholding payments until deficiency is corrected, tendering only partial payments, applying payment adjustments for additional financial consequences or for liquidated damages to the extent permitted, or termination of the agreement. Any payment made in reliance on the CONTRACTOR’S evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to COALITION as an overpayment to the extent of such error.
N. Representations and Warranties
The CONTRACTOR will make no representations, warranties, or commitments binding the COALITION without its prior consent. The CONTRACTOR will hold no authority to speak as a spokesperson for, or to act or represent themselves as an agent of the COALITION.
O. Debarment and Suspensions Disclosures
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). CONTRACTOR must comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
P. Termination Clause
1. Termination due to lack of funds. If funds to finance the agreement become unavailable or if the state government withdraws or redirects funds upon which the agreement depends, COALITION may terminate the agreement in writing with no less than 24 hours' notice. The CONTRACTOR shall receive notice by certified mail with proof of delivery after being notified verbally by the COALITION or in person with proof of delivery. COALITION shall be the final authority as to fund availability and will not reallocate funds earmarked for the agreement to another program, thus causing lack of funds.
2. Termination for cause. In the event of termination of this agreement by the COALITION for cause, CONTRACTOR shall be liable for COALITIONs expenses for additional managerial and administrative services required to complete or obtain the services or items from another
CONTRACTOR.
3. Termination for convenience. COALITION by written notice to CONTRACTOR, may terminate the agreement in whole or in part when COALITION determines in its sole discretion it is in the COALITIONs interest to do so. CONTRACTOR shall not furnish any services after it receives the notice of termination, except as necessary to complete the continued portion, if any, of the agreement.
4. After receipt of a notice of termination. Except as otherwise specified by COALITION, CONTRACTOR shall:
a. Stop work under the agreement on the date of and to the extent specified in the notice.
b. Complete performance of the work not terminated by COALITION.
c. Take such action as may be necessary, or as COALITION may specify, to protect and preserve any property related to the agreement which is in the possession of CONTRACTOR and in which COALITION has or may acquire an interest.
d. Transfer, assign, and make available to COALITION all property and materials belonging to COALITION, upon the effective date of termination of the agreement. No extra compensation will be paid to CONTRACTOR for its services in connection with such transfer or assignment.
e. Meet all the public records law requirements specified under the section of this agreement on Public Records Law Compliance.
Q. Force Majeure
1. Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
2. If any of the causes this paragraph describes suspended or delayed performance in whole or in part, after the causes have ceased to exist, the CONTRACTOR shall perform at no increased cost, unless the COALITION determines, in its sole discretion, that the delay will significantly impair the Agreement’s value to the COALITION.
R. Equal Employment Opportunity
The CONTRACTOR is and has been at all times in compliance with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order number 11375, and as supplemented in Department of Labor regulations 42 C.F.R., Part 60, if applicable. The CONTRACTOR agrees that it shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order number 11375, and as supplemented in Department of Labor regulations 42 C.F.R.,, Part 60, if applicable.
S. No Assignment
Neither this AGREEMENT nor any of the rights, interests or obligations hereunder shall be assignable by the CONTRACTOR without the prior written consent of the COALITION.
T. Change Orders
Any change in the details of scope of work or the fee schedule shall require a written amendment to this Agreement (a “Change Order”). Each Change Order shall detail the requested changes to the applicable task, responsibility, duty, budget, timeline or other matter. The Change Order will become effective upon the execution of the Change Order by both parties, and the Change Order will specify the period of time within which CONTRACTOR must implement the changes. Both parties agree to act in good faith and promptly when considering a Change Order requested by the other party but neither party is obligated to execute a Change Order. No Change Order shall become effective unless and until it is signed by both parties hereto.
U. Procurement of Recovered Materials
1. Pursuant to 2 CFR §§200.3017, Procurement by States, and 200.322, Procurement of recovered materials, CONTRACTOR will comply with the following requirements of Section 6002 of the Solid Waste Disposal Act.
a. Procure only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 for buying recycled-content products;
b. Procure solid waste management services in a manner that maximizes energy and resource recovery; and
c. Establish an affirmative procurement program for purchases of recovered materials identified in the EPA guidelines. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpk-program. The list of EPA-designated items is available at https://www.epa.gov/greenerproducts/identify-greener-products-and-service.
2. In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, CONTRACTOR shall procure items designated in the Environmental Protection Agency (EPA) guidelines at 40 CFR Part 247 which contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition unless CONTRACTOR determines such items:
a. Are not reasonably available in a reasonable period of time;
b. Fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item;
or
c. Are only available at an unreasonable price.
Paragraph 2. of this clause shall apply to items purchased under this agreement where:
1. CONTRACTOR purchases in excess of $10,000 of the item under this agreement; or
2. During the preceding Federal fiscal year, CONTRACTOR: (i) purchased any amount of the items for use under a contract funded with federal appropriations and was with a federal agency or a state agency or agency of a political subdivision of a state; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
V. Byrd Anti-Lobbying Amendment, 31 U.S.C. §1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification attached hereto. COALITION further agrees to comply with the Byrd Anti-Lobbying Amendment, which provides that contractors who apply or submit bids shall file the required certification that each tier will not use federal funds to pay a person or employee or organization for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in connection https://www.epa.gov/greenerproducts/identify-greener-products-and-service with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up to the recipient (45 C.F.R. § 3).”
W. Clean Air Act and the Federal Water Pollution Control Act
1. Clean Air Act
Contractors with contracts of amounts in excess of $150,000 agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
4401 et seq. CONTRACTOR agrees to report each violation to the COALITION and understands and agrees that the COALITION will, in turn, report each violation as required to assure notification to appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with assistance provided by the COALITION.
2. Federal Water Pollution Control Act
Contractors with contracts of amounts in excess of $150,000 agree to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the COALITION and understands and agrees that the COALITION will, in turn, report each violation as required to assure notification to appropriate Environmental Protection Agency Regional Office.
CONTRACTOR agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with assistance provided by the COALITION.
X. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c)
1. Federal and state standards for procurement and contracts administration require all contractual agreements in excess of $2,000 to address requirements for compliance with federal labor laws. See 45 CFR 75 Appendix II, Contract Provisions for NonFederal Entity Contracts Under Federal Awards.
2. This provision applies to agreements which include salaries for laborers and for all contracts for repairs, improvements, or other construction activities.
3. The COALITION, its subcontractor, or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The COALITION shall report all suspected or reported violations to DEL.
Y. Davis-Bacon Act, as amended (40 U.S.C. 276a, et. Seq.)
When federal program legislation requires, all construction contracts of more than $2,000, the recipient's and subrecipient's award shall include a provision for compliance with the Davis-Bacon
Act (40 U.S.C. 276a, et seq.), as supplemented by Department of Labor (DOL) regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction).
1. Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.
2. Contractors shall be required to pay wages not less than once a week.
3. The recipient shall place a copy of the DOL-issued current prevailing wage determination in each solicitation, and the award of a contract shall be conditioned upon the acceptance of the wage determination.
4. The recipient shall report all suspected or reported violations to the federal awarding agency.
DOL regulations, rules, and instructions concerning implementation of the Davis-Bacon Act and other labor laws can be found at Title 29 CFR Part(s) l, 3, 5, 6 and 7.
Z. Contract Work Hours and Safety Standards (40 U.S.C. 3701 et seq.)
1. Federal and state standards for procurement and contracts administration require all contractual agreements in excess of $100,000 to address requirements for compliance with federal labor laws. See 45 CFR 75 Appendix II, Contract Provisions for NonFederal Entity Contracts Under Federal Awards. This provision applies to agreements which include salaries for laborers and for all contracts for repairs, improvements or other construction activities.
2. The ELC shall compute wages on a 40-hour week schedule and pay employees for extra hours worked. None shall be forced to work in unsanitary, hazardous, or dangerous conditions or surroundings.
3. These requirements do not apply to purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation services.
AA. Agreement
This agreement constitutes the complete AGREEMENT between the School Readiness COALITION of Hillsborough County/dba The Early Learning COALITION of Hillsborough County and CONTRACTOR.
Only an instrument of writing signed by both parties can modify its terms and conditions. A waiver of a breach of any of the provisions of this AGREEMENT shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This AGREEMENT shall be binding upon the parties hereto and their respective representatives. The laws of the State of Florida shall govern this AGREEMENT. The CONTRACTOR and the COALITION agree that Hillsborough County shall be the venue of any legal action between the parties.
IN WITNESS WHEREOF, the parties hereto have signed this AGREEMENT as of the date first set forth above.
CONTRACTOR
{insert name} {Insert title}
{Insert Vendor Name}
COALITION
{insert name} {Insert title}
Hillsborough County School Readiness Coalition, Inc. d/b/a Early Learning Coalition of
Hillsborough County
Date Date
P. Termination Clause
File details come from the government source that posted it. Updated .