Request for Proposal...Request for Proposal Solicitation Acknowledgement Form Page 1 of 77 pages...

RFP No.: DOS-20/21-015 of 77

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT:

SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

Request for Proposal Solicitation Acknowledgement Form

Page 1 of 77 pages

SUBMIT PROPOSAL TO:

Department of State R.A. Gray Building 500 South Bronough Street, Room 428 Tallahassee, Florida 32399-2150

AGENCY RELEASE DATE:

October 20, 2020

SOLICITATION TITLE: SOLICITATION NO: Consultant Services for Disaster Risk, Mitigation and Recovery Guidance

DOS-20/21-015

REPLIES WILL BE OPENED: December 1, 2020 at 3:30 PM, Eastern Time and may not be withdrawn within: 180 Days after such date and time.

I certify that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this response and certify that I am authorized to sign this reply for the Respondent and that the Respondent is in compliance with all requirements of the Request for Proposal, including but not limited to, certification requirements. In submitting a response to an agency for the State of Florida, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Respondent.

RESPONDENT NAME:

RESPONDENT MAILING ADDRESS:

CITY – STATE – ZIP: *Authorized Representative’s Signature

PHONE NUMBER: TOLL FREE NUMBER:

*Name and Title of Authorized Representative

FAX NUMBER:

EMAIL ADDRESS: *This individual must have the authority to bind the Respondent.

FEID NO.:

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

Consultant Services for Disaster RFP No.: DOS-20/21-015 Risk, Mitigation and Recovery Guidance of 77

Table of Contents

SECTION 1 – INTRODUCTORY MATERIALS ........................................................................................ 5

1.1 PURPOSE .................................................................................................................................... 5

1.2 DEFINITIONS ................................................................................................................................ 5

1.3 CONTRACT TERM ........................................................................................................................ 6

1.4 SPECIAL ACCOMMODATIONS ........................................................................................................ 6

1.5 PROCUREMENT OFFICER ............................................................................................................. 6

1.6 CONTRACT DOCUMENTATION ....................................................................................................... 6

SECTION 2 – SOLICITATION PROCESS ............................................................................................... 7

2.1 GENERAL OVERVIEW ................................................................................................................... 7

2.2 QUESTIONS AND ANSWERS .......................................................................................................... 7

2.3 TIMELINE OF EVENTS ................................................................................................................... 7

2.4 ADDENDUM TO SOLICITATION ....................................................................................................... 8

2.5 PURCHASE ORDER FORMATION .................................................................................................... 8

2.6 DISCLOSURE OF PROPOSAL CONTENTS ........................................................................................ 8

2.7 CLARIFICATION PROCESS ............................................................................................................. 8

2.8 DIVERSITY ................................................................................................................................... 8

SECTION 3 – SPECIAL INSTRUCTIONS TO RESPONDENTS.............................................................. 9

3.1 GENERAL INSTRUCTIONS ............................................................................................................. 9

3.2 VERBAL INSTRUCTIONS ................................................................................................................ 9

3.3 ALTERNATE REPLIES ................................................................................................................... 9

3.4 BUSINESS REGISTRATION REQUIREMENT ...................................................................................... 9

3.5 MYFLORIDAMARKETPLACE REGISTRATION ................................................................................. 10

3.6 FLORIDA SUBSTITUTE FORM W-9 PROCESS ................................................................................ 10

3.7 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM ...................................... ………10

3.8 OFFICE OF SUPPLIER DIVERSITY ................................................................................................ 10

3.9 LICENSES, PERMITS, OTHER CHARGES ....................................................................................... 10

3.10 EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) ................................................................... 11

3.11 SUBCONTRACTING ..................................................................................................................... 11

3.12 COPYRIGHTED MATERIAL ........................................................................................................... 11

3.13 VENDOR’S DUTIES TO ASSERT EXEMPTION FROM DISCLOSURE AS A PUBLIC RECORD ................... 11

3.14 CONFLICT OF INTEREST AND DISCLOSURE .................................................................................. 12

SECTION 4 – PROPOSAL CONTENT .................................................................................................. 12

4.1 SPECIAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS .................................................. 13

4.2 SECTION ONE – ADMINISTRATIVE QUALIFICATION DOCUMENTS ................................................. 13

4.3 SECTION TWO – TECHNICAL RESPONSE .................................................................................. 13

4.4 SECTION THREE: – PRICE PROPOSAL ..................................................................................... 15

SECTION 5 – PROPOSAL SUBMITTAL REQUIREMENTS ................................................................. 16

5.1 MANDATORY RESPONSIVENESS REQUIREMENTS ......................................................................... 16

5.2 HOW TO SUBMIT A PROPOSAL .................................................................................................... 17

5.3 DELIVERY OF PROPOSAL 17

5.4 PROPOSAL OPENING ................................................................................................................. 18

5.5 PROPOSAL ADMINISTRATIVE REVIEW .......................................................................................... 18


SECTION 6 - SELECTION METHODOLOGY........................................................................................ 20

6.1 PROPOSAL EVALUATION ............................................................................................................. 21

6.2 EVALUATION CRITERIA ............................................................................................................... 21

6.3 IDENTICAL SCORING OF REPLIES ................................................................................................ 23

6.4 POSTING OF NOTICE OF AGENCY DECISION................................................................................. 25

Attachments: Attachment A – Sample Contract Attachment B – Statement of Work Attachment C – Price Proposal Sheet Forms: Form 1 – Mandatory Responsiveness Requirements Form 2 – Contact Information Form 3 – Past Performance and Experience Form 4 – Subcontracting Form 5 – Drug Free Workplace Certification Form 6 – Conflict of Interest Disclosure Form 7 – Non-Disclosure Affidavit Form 8 – Statement of No Involvement Form 9 – Security Acknowledgement Form 10 – Non-Disclosure Agreement


Things to Keep in Mind When Responding to a Solicitation

1. Read the entire document. Note critical items such as: mandatory requirements;

sample(s) required; supplies/services required; submittal dates; number of copies

required for submittal; funding amount and source; contract requirements (i.e., contract

performance security, insurance requirements, performance and/or reporting

requirements, etc.).

2. Note the Procurement Officer's name, address, phone numbers and e-mail address.

This is the only person you are allowed to communicate with regarding the Solicitation

and is an excellent source of information for any questions you may have.

3. Attend the Pre-Proposal conference. (If applicable)

4. Take advantage of the “question and answer” period. Submit your questions to the

Procurement Officer by the due date listed in the Solicitation Timeline and view the

answers given in the formal “addenda” issued for the Solicitation. All addenda issued for

a Solicitation are posted on the Vendor Bid System (VBS) website

(http://vbs.dms.state.fl.us/vbs/search.criteria_form) and will include all questions asked

and answered concerning the Solicitation.

5. Follow the format required in the Solicitation when preparing your Proposal. Provide

point-by-point response to the required sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and

requirements. Don’t assume the Department or evaluation committee will know what

your company capabilities are or what items/services you can provide, even if you have

previously contracted with the Department. The Replies are evaluated based solely on

the information and materials provided in the Proposal.

7. Check the VBS website for Solicitation addenda. Before submitting your Proposal,

check the VBS website to see whether any addenda were issued for the Solicitation.

Some addenda require that you sign and return them with the Proposal.

8. Review and read the Solicitation document again to make sure that you have addressed

all requirements. Your original Proposal and the requested copies must be identical and

be complete. The copies are provided to the evaluator/evaluation committee members

and will be used to score your Proposal.

9. Submit your Proposal on time. Note all the dates and times listed in the Solicitation

Timeline and within the document, and be sure to submit all required items on time.

Faxed, emailed or late Replies may not be considered.


SECTION 1 – INTRODUCTORY MATERIALS

1.1 Purpose

Project 1 – Risk Assessment and Disaster Planning for Local Governments and

State Agencies

The Florida Division of Historical Resources is seeking the professional services of a

historic preservation or emergency management consultant (or team of consultants) to

complete comprehensive documents and public outreach program evaluating disaster

risks to historic properties and addressing local and state disaster planning and policy

guidance for historic properties.

Consultants must meet the minimum Professional Qualification Standards as defined by

the U.S. Department of the Interior, National Park Service in 48 FR 44716 and 36 CFR

61.

Project 2 – Disaster Mitigation and Recovery Guidance for Florida’s Historic

Properties

The Florida Division of Historical Resources is seeking the professional services of a

historic preservation or emergency management consultant (or team of consultants) to

complete a comprehensive document and public outreach program for disaster

mitigation and recovery guidance for Florida’s historic properties.

Consultants must meet the minimum Professional Qualification Standards as defined by

the U.S. Department of the Interior, National Park Service in 48 FR 44716 and 36 CFR

61.

The submitted Response must comply with all of the terms and conditions described in

this Request for Proposal (RFP).

The minimum requirements are contained herein in Attachment B - Statement of Work.

1.2 Definitions The following terms used in this RFP, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1. Certified Minority Business Enterprise: A business which has been certified by the Florida Department of Management Services, Office of Supplier Diversity, in accordance with Section 287.0943 (2)(e), Florida Statutes and Chapter 60A-9, Florida Administrative Code.

2. Contract: The agreement entered into between the Department and the successful Respondent after completion of the Request for Proposal process.

3. Deliverable: A tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

4. Department: The Florida Department of State. (DOS) 5. Division: Division of Historical Resources (DHR). 6. FY: The State of Florida’s Fiscal Year, July 1 through June 30. 7. Mediation: Staff involvement in the requesting process.

https://www.nps.gov/history/local-law/arch_stnds_0.htm







8. Proposal: All information and materials submitted by a Respondent in response to this RFP.

9. Respondent: A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

10. Vendor Bid System (VBS): The system which allows all state agencies to advertise solicitations and exceptional purchases on MyFlorida.com. It also permits registered vendors to receive automatic email notification of solicitation advertisements, addendums to solicitation, and exceptional purchases.

1.3 Contract Term

The resulting Contract will be for a period of one (1) year.

The resulting Contract may be eligible for renewal for three (3) additional one (1) year

renewals, at the Department’s sole option.

Pursuant to 287.057(13), F.S., renewal of a contract for commodities or contractual services must be in writing and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. If the commodity or contractual service is purchased as a result of the solicitation of bids, proposals, or replies, the price of the commodity or contractual service to be renewed must be specified in the bid, proposal, or reply, except that an agency may negotiate lower pricing. A renewal contract may not include any compensation for costs associated with the renewal. Renewals are contingent upon satisfactory performance evaluations by the agency and are contingent on the appropriation and availability of funds.

1.4 Special Accommodations Any person with a qualified disability requiring special accommodations due to a disability should contact the Purchasing Officer at 850-245-6457 at least five (5) business days prior to the event. If you are hearing or speech impaired, please contact the Florida Relay Services which can be reached at (800) 955-8771 (TDD).

1.5 Procurement Officer The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

David Shufflebotham, Procurement Officer 500 S. Bronough Street, Suite 428 Tallahassee, Florida 32399-0250 Phone: 850-245-6457 Email: [email protected]

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

TO THE PROCUREMENT OFFICER. ***

1.6 Contract Documentation This purchase shall be accomplished by execution of a contract.

END OF SECTION 1

mailto:[email protected]


SECTION 2 – SOLICITATION PROCESS

2.1 General Overview The RFP is a method of competitively procuring a commodity or contractual service

under Chapter 287, Florida Statutes. Vendors can submit formal questions in writing to

the Procurement Officer by the deadline listed in Section 2.3, Timeline of Events.

2.2 Questions and Answers

Respondents will address all inquiries regarding this solicitation to the Procurement

Officer, via email, during the Question and Answer period. The deadline for submission

of questions is reflected in Section 2.3, Timeline of Events. If the Department makes

changes based on questions received, the Department will issue an addendum to the

solicitation.

The Department requests that all questions have the solicitation number in the subject

line of the email. Questions are requested to be submitted in the following format:

Question # RFP Section RFP Page # Question

2.3 Timeline of Events The table below contains the Timeline of events for this solicitation. The dates and times within the Timeline of Events are subject to change. The Department reserves the right to adjust the schedule and will notify participants in the solicitation by posting an addendum on the VBS. It is the Respondent’s responsibility to check for any changes on the VBS. All changes to the Timeline of Events will be made through an addendum to the solicitation. Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below.

TIMELINE OF EVENTS

Event Time Date

RFP posted on the VBS 10:00 A.M 10/20/20

Deadline to submit questions to the Procurement Officer

5:00 P.M.

11/06/20

Department’s anticipated posting of answers to Respondent’s questions on the VBS.

5:00 P.M.

11/17/20

Deadline to submit Proposals and all required documentation to the Procurement Officer

3:00 P.M.

12/01/20

Public Opening 500 S. Bronough Street Tallahassee, Florida 32399

3:30 P.M.

12/01/20


Formal Evaluations

12/07/20

Anticipated Date to post Notice of Intent to Award

12/21/20

Anticipated Contract Start Date

01/04/21

2.4 Addendum to Solicitation The Department reserves the right to modify this solicitation by issuing an addendum

posted on the VBS. It is the responsibility of the Respondent to check VBS for any

changes.

2.5 Contract Formation The Department may issue a Notice of Intent to Award to the successful Respondent. However, no Contract shall be formed between a Respondent and the Department until the Department signs the Contract. The Department shall not be liable for any work performed before the Contract is effective. The Department intends to enter in a Contract with a Respondent pursuant to the Basis of Award section of this solicitation. No additional documents submitted by a Respondent will be incorporated in the Contract unless it is specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis of Award.

2.6 Disclosure of Proposal Contents

All documentation supplied to the Department as part of a Proposal becomes the

exclusive property of the Department and will not be returned to the Respondent unless

withdrawn prior to the deadline to submit Proposals in accordance with the modification

or withdrawal of Proposal requirements in Section 5.5. Selection or rejection of a

Proposal shall not affect this right.

The State of Florida shall have the right to use all ideas, or adaptations of ideas,

contained in any Proposal received in response to this RFP. Selection or rejection of a

Proposal shall not affect this right.

2.7 Clarification Process The Department may request clarification from the Respondent for resolving ambiguities

or questioning information presented in its Proposal. Clarifications may be requested

throughout the solicitation process. The Respondent’s answer to requested clarifications

must be in writing and must address only the information requested. The Respondent’s

answer to requested clarifications must be submitted to the Department within the time

specified by the Department in the request.

2.8 Diversity

The Department is dedicated to fostering the continued development and economic

growth of minority-, veteran-, and woman-owned small businesses. Participation of a

diverse group of Respondents doing business with the State is central to the


Department’s effort. To this end, minority-, veteran-, and woman-owned small business

enterprises are encouraged to participate in the State’s procurement process as both

prime contractors and subcontractors.

END OF SECTION 2

SECTION 3 – SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 General Instructions

The General Instructions to Respondents is the PUR 1001, 2006 version, which is

incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Inst

ructions_to_Respondents.pdf

Section 3 and 5 of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Response Responses shall be submitted in accordance with Section 5.2, How to Submit a Proposal, of this solicitation.

Section 5. Question Questions shall be submitted in accordance with Section 2.2 of this solicitation.

3.2 Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Respondent

as a result of any discussions with any State employee. Only those communications

that are in writing from the Department’s Procurement Officer identified in Section 1.5 of

this RFP shall be considered a duly authorized expression on behalf of the Department.

Only written, signed communications from Respondents will be recognized by the

Department as duly authorized expressions on behalf of the Vendor.

3.3 Alternate Replies

Alternate replies and exceptions to this solicitation are not permitted. If the Respondent

has any issue with the requirements or terms and conditions of this solicitation, such

issues shall be presented to the Department and addressed by the Department during

the question and answer phase of the solicitation. Including alternate replies or

exceptions to this solicitation in any proposal may result in the proposal being deemed

non-responsive to the solicitation.

3.4 Business Registration Requirement Under the provisions of Title 36, Chapters 605-623, Florida Statutes, in order to do

business in the State of Florida, corporations (and other business designations) are

required to be registered and in good standing with the Department of State, Division of

Corporations prior to execution of a contract agreement. Contact the Division of

Corporations at (850) 245-6900.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf


3.5 MyFloridaMarketPlace Registration

The awarded Respondent(s) must have completed this process prior to the issuance of

a purchase order. For additional information, please visit:

https://vendor.myfloridamarketplace.com

3.6 Florida Substitute Form W-9 Process State of Florida vendors must register and complete an electronic Florida Substitutes

Form W-9. The Internal Revenue Service (IRS) receives and validates the information

vendors provide on the Form W-9. For instructions on how to complete the Florida

Substitute Form W-9, please visit:

http://www.myfloridacfo.com/Division/AA/StateAgencies/W9Instructions022212.pdf

3.7 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida’s

suppliers and vendors drug-free. Section 287.087, Florida Statutes, provides that,

where identical tie proposals are received, preference shall be given to a proposal

received from a Respondent that certifies it has implemented a drug- free workforce

program. If applicable, Respondent shall sign and submit Form 5 (Drug-Free Workplace

Certificate) to certify that the Respondent has a drug-free workplace program. The

Vendor shall describe how it will address the implementation of a drug-free workplace in

offering the items of proposal.

In the event that the Department receives identical Proposals from two (2) or more

responsive Respondents with drug-free workplace programs, the final determination of

the award shall be decided through the toss of a coin in a public meeting.

3.8 Office of Supplier Diversity

The Office of Supplier Diversity has standing to protest, pursuant to Section 287.09451,

F.S., in a timely manner, any proposed contract award in competitive bidding for

contractual services and construction contracts that fail to include minority business

enterprise participation, if any responding respondent has demonstrated the ability to

achieve any level of participation, or any contract award for commodities where, a

reasonable and economical opportunity to reserve a contract statewide or district level,

for minority participation was not executed or, an agency failed to adopt applicable

preference for minority participation. Any low respondent with no participation may be

deemed not in “good faith.”

Office of Supplier Diversity

Florida Department Management Services

4050 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

Telephone: (850) 487-0915

Fax: (850) 922-6852

Email Address: [email protected]

3.9 Licenses, Permits, Other Charges

The successful Respondent shall pay for any and all licenses, permits, other charges

and taxes required for the Contract, and shall comply with all laws, ordinances or other

requirements applicable to the work specified during the term of this Contract.

https://vendor.myfloridamarketplace.com/

http://www.myfloridacfo.com/Division/AA/StateAgencies/W9Instructions022212.pdf



3.10 Employment Eligibility Verification (E-Verify) Pursuant to State of Florida Executive Order No. 11-116, Vendor is required to utilize the

U.S. Department of Homeland Security’s E-Verify system to verify the employment of all

new employees hired by the Vendor during the contract term.

Only individuals who may legally work in the United States – either U.S. citizens, or

foreign citizens who have the necessary authorization may perform work on this

contract. E-Verify is an Internet-based system that allows businesses to determine the

eligibility of their employees to work in the United States. E-Verify is fast, free and easy

to use – and it’s the best way employers can ensure a legal workforce.

3.11 Subcontracting The successful Respondent shall not subcontract, assign, or transfer any work identified under the resulting Contract without prior written consent of the Department. The awarded Respondent will be the prime service provider and shall be responsible for all work performed and all Contract deliverables.

3.12 Copyrighted Material Copyrighted material will be accepted as part of a technical proposal only if accompanied

by a waiver that will allow the Department to make paper and electronic copies

necessary for the use of Department staff and agents. It is noted that copyrighted

material is not exempt from the Public Records Law, Chapter 119, and Florida

Statutes.

3.13 Vendor’s Duties to Assert Exemption from Disclosure as a Public Record Any Proposal content submitted to the Department which is asserted to be exempted by

law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or

“trade secret” (as applicable), with the statutory basis for such claim of exemption

specifically identified in writing on each and every such page. Failure to segregate and

so clearly identify any such content shall constitute a waiver of any claimed exemption

as applied to the portion of the Proposal or other document in which the content is set

forth.

An entire page or paragraph in which such information appears should not be marked

“EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists

of such confidential information. Only the confidential portions(s) should be identified and

marked. Respondents are to indicate where confidential information begins and ends.

Any claim of exemption from public disclosure is waived upon submission, unless

addressed as set forth above. The Department will attempt to afford protection from

disclosure of any trade secret as defined in Section 812.081(1)(c), Florida Statutes, or

Section 688.002, Florida Statutes, where identified as such in the Proposal, to the

extent permitted under Section 815.045, Florida Statutes, and Chapter 119, Florida

Statutes. Each Respondent acknowledges that the protection afforded by Section

815.045, Florida Statutes, is incomplete, and hereby agrees that no remedy for damages

may arise from any disclosure by the Department.

It will be the responsibility of the Respondent to defend the confidentiality of its trade

secrets through the judicial process.


The Department takes its public records responsibilities under chapter 119, Florida

Statutes, and Article I, Section 24 of the Florida Constitution, very seriously. If a

Respondent considers any portion of the documents, data or record submitted in

response to this solicitation to be exempted by law from disclosure as a public

record, the Respondent must also provide DOS with a separate Redacted Copy of its

Proposal, in hard copy and on a CD, DVD- ROM or USB flash drive, at the time of

Proposal submission.

This Redacted Copy should contain the Department’s solicitation name, number, and the

name of the Respondent on the cover, and should be clearly titled “Redacted Copy.” The

Redacted Copy must be provided to the Department at the same time the Respondent

submits its Proposal and must only exclude or obliterate those exact portions which

are exempted by law from public disclosure.

The Respondent shall protect, defend, and indemnify, save and hold harmless, the

Department from any and all claims, demands, liabilities and suits of any nature arising

out of, because of, or due to failure of the Department to protect information redacted by

the Respondent, and to further indemnify the Department for any other loss the

Department incurs due to any claim being made against the Department regarding

portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise

not subject to disclosure.

If a Respondent fails to submit a Redacted Copy with its Proposal as described herein,

the Department is authorized to produce the entire document(s), data or records

submitted by the Respondent in answer to a public records request.

3.14 Conflict of Interest and Disclosure The award hereunder is subject to the provisions of Chapter 112, Florida Statutes.

Respondents must disclose with their Replies whether any officer, director, employee or

agent is also an officer or an employee of the Department, the State of Florida, or any of

its agencies. (Form 5 - Disclosure Statement Conflict of Interest Disclosure) All firms

must disclose the name of any state officer or employee who owns, directly or indirectly,

an interest of five percent (5%) or more in the Respondent's firm or any of its branches

or affiliates. All Respondents must also disclose the name of any employee, agent,

lobbyist, previous employee of the Department, or other person, who has received or will

receive compensation of any kind, or who has registered or is required to register under

Section 112.3215, Florida Statutes, in seeking to influence the actions of the Department

in connection with this procurement. The selected Respondent shall be required to

provide written notification to the Department within five (5) working days of the

discovery of any potential conflict of interest. The Department reserves the right to make

an independent determination as to whether or not a conflict of interest exists.

END OF SECTION 3

SECTION 4 – PROPOSAL CONTENT

Each Proposal shall be prepared simply and economically, following the instructions contained herein. Note: Fancy binding of replies, colored displays in replies, and promotional material are not desired. There is no intent to limit the content of the Proposal and additional information


deemed appropriate by the Respondent may be included. However, cluttering the Proposal with irrelevant material makes the review more difficult. All Proposals and associated forms must be signed and dated in ink by a duly authorized representative of the Respondent. All Proposals and related documents submitted in response to this RFP shall become the property of the State of Florida.

4.1 Special Instructions for the Preparation of Proposals The instructions for this solicitation have been designed to help insure that all Proposals are reviewed and evaluated in a consistent manner, as well as to minimize costs and reply time. Any and all information submitted in variance with these instructions is subject to not being reviewed or evaluated. Proposals are to be divided into three (3) sections:

SECTION ONE: Administrative Qualification Documents

SECTION TWO: Technical Response

SECTION THREE: Price Proposal

4.2 SECTION ONE – Administrative Qualification Documents

Tab 1 – Attachments, Forms and Certifications

Responses to this RFP should include the following original documents and

certifications:

1. Acknowledgement Form (Page 1 of this RFP)

2. Attachment C – Price Proposal Sheet

3. Form 1 – Mandatory Responsiveness Requirements

4. Form 2 – Contact Information

5. Form 3 – Past Performance and Experience – Client References

6. Form 4 – Subcontracting

7. Form 5 – Drug Free Workplace Certification

8. Form 6 – Conflict of Interest Disclosure

9. Form 7 – Non-Collusion Affidavit

10. Form 8 – Statement of No Involvement

11. Form 9 – Security Acknowledgement

12. Form 10 – Non-Disclosure Agreement

13. Proof of Business Registration (must be provided prior to Contract execution- see

Section 5.1.6)

4.3 SECTION TWO – Technical Response Failure of the Respondent to provide any of the information required in this section of the

Proposal may result in a score of zero for that cr iter ia of the evaluation or may result

in the Proposal being deemed non-responsive and rejected.

This section should be prepared by each Respondent utilizing 8.5” x 11” paper. All

pages should be consecutively numbered.

Using the description of work outlined in Attachment B, Statement of Work –

Specifications and Requirements, Respondents should prepare their Proposals in the

order of the outlines below, with the sections tabbed for ease of identification and review.


Tab 1 – Business/Corporate Experience and Qualifications

Company Profile Respondents shall include in their submittal background information, which, at a minimum, should include:

a) Name and address of the business entity submitting the Proposal;

b) Date established;

c) Ownership (public company, partnership, subsidiary, etc.); and

d) Primary type of business and number of years conducting primary business.

e) National accreditations, memberships in professional associations or other

similar credentials.

Experience and Ability

Form 3, Past Performance and Experience, the Respondent must list five (5) separate

and verifiable clients. The purpose of this section is to provide the Division with a basis

for determining the Respondent’s direct experience that is relevant to the requirements

of this solicitation. Each Respondent should provide details on two (2) similar contracts

executed in the last five (5) years that are of scope to the services sought in this RFP.

Please be sure to identify all relevant similarities or differences to such contracts when

compared to the services sought in this RFP. The Division desires a concise but thorough

description of relevant experience, not a voluminous description of all contracts.

It is mandatory that the Respondent provide documentation of past performance. Such documentation is to include:

T1.1 Overall Experience. A. Provide one previous work product example similar in scope to the services

requested in this RFP. B. Describe the number of years and months of experience with the

requested services in each of the following categories:

Experience developing historic preservation planning and guidance documents.

Experience developing disaster management guidance and planning documents.

Experience developing public outreach materials.

T1.2 Qualifications. This section should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

Demonstrate Respondent’s Project Approach and Methodology as it pertains to the Department’s needs specified in this RFP.

Include a project plan that covers all phases of project implementation including, but not limited to deliverables, milestones, timelines and responsibilities.

Litigation Respondents are required to list and summarize any pending or threatened litigation; administrative or regulatory proceedings; or similar matters that could materially affect the Respondent or that could materially affect the Respondent’s ability to service the


Department. In addition, the Respondent must describe any administrative or civil litigation involving the Respondent and any State or Federal entity in the last five (5) years. Tab 2 – Project Staff The Respondent shall describe its ability to successfully complete a contract that may result from this RFP, including its proposed staffing to complete the required deliverables. The Respondent shall provide and maintain skilled and qualified staff in order to successfully complete the required deliverables. The Respondent should identify the employees it intends to assign to this Contract, stating their relevant work experience and education. Identified Staff shall be appropriately committed to completion of the required deliverables during the Contract. For each team member, provide, at a minimum, the following information:

Resumes of the individuals who will be directly responsible for and involved with the project.

Each person's level of participation in the project, including a breakdown of the time to be dedicated to the project.

Provide a statement of assurance that at the time of Response the project team members have the time available to complete the project as described in the Response. The Response should also describe the availability of needed resources during the project.

If subcontractors will be used, identify the tasks for which they will be responsible.

Describe the availability of needed resources during the project.

Tab 3 – Proposed Approach

Provide a detailed narrative description of the approach to providing the services as specified in this RFP. The objective is to demonstrate the Respondent’s ability and readiness to successfully deliver the services requested. The Respondent should be thorough and detailed in their response.

The Respondent’s technical approach should demonstrate a thorough understanding and insight into the scope of this project

The Respondent’s demonstrated technical knowledge, expertise and ability to meet the specifications stated in Attachment A, Statement of Work.

A detailed explanation of how completing each deliverable will be approached, with consideration for the team structure.

A guarantee that the Respondent understands the Department’s standards as specified in the RFP and is able to perform in a manner consistent with these standards.

4.4 SECTION THREE: – Price Proposal

Tab 1 - Attachment C - Price Proposal Sheet


Each Respondent shall use the form provided as Attachment C, Price Proposal Sheet, to provide fixed price rates for the services requested in this solicitation.

The prices provided shall include the cost of all necessary activities to accomplish the services outlined in the RFP and the Respondent’s Proposal hereto, including, but not limited to MFMP transaction fees; miscellaneous expenses; and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses. Failure by the Respondent to provide a price on Attachment C may result in the Proposal being deemed non-responsive and therefore, the Proposal may be rejected. Footnotes, notations, and exceptions made to Attachment C may not be considered.

Respondents must not include any technical response information or alternative terms and conditions within the Price Proposal Sheet. Proposals which include such information in the Price Proposal Sheet will be rejected as non-responsive.

END OF SECTION 4

SECTION 5 – PROPOSAL SUBMITTAL REQUIREMENTS

5.1 Mandatory Responsiveness Requirements

The Department will not evaluate Proposals from Respondents that do not meet the

minimum requirements listed below. The Respondent’s Experience and Ability narrative

and Proposed Technical Response will be addressed during the evaluation phase and

will not be evaluated for the determination of responsiveness.

Provide a signed Form 1 - Mandatory Responsiveness Requirements, and provide the

required documentation requested in this subsection.

5.1.1 The Respondent must certify that the person submitting the Proposal and its

pricing is authorized to respond to this RFP on the Respondent’s behalf.

5.1.2 The Respondent must certify that the Respondent will accept the Contract terms

and conditions as stated herein, without qualifications or exception.

5.1.3 The Respondent must certify that the Respondent is in compliance with Section 9

of the PUR 1001 form as modified by Section 3.1 herein.

5.1.4 The Respondent must certify that the Respondent is not a Discriminatory Vendor

or Convicted Vendor as defined in Sections 7 and 8 of the PUR 1001.

5.1.5 The Respondent must certify the Respondent is not on the Scrutinized

Companies with Activities in Sudan List, the Scrutinized Companies with

Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies

that Boycott Israel List, and is not participating in a boycott of Israel.

Note: The certifications required in subsections 5.1.1 through 5.1.5 are to

be accomplished through the execution of Form 1 – Responsiveness

Requirements.


5.1.6 The Respondent must submit proof of Articles of Incorporation, or other legal

recognition as a business entity by a state or territory of the United States, and/or

Florida Department of State Registration.

Note: Florida Statutes require out-of-state business entities transacting business

in Florida to register or obtain authorization from the Florida Department of State,

Division of Corporations, to transact business in this state. See sections

605.0903, 607.1501, 607.1503, 620.1902, 620.1903 or either applicable

statute(s). If not already registered or authorized, the Respondent agrees to

attain such authorization within seven (7) business days of notice of award,

should the Respondent be awarded.

Website: www.sunbiz.org

5.1.7 The Respondent must submit their Proposal in accordance with Section 4 of this

RFP.

5.2 How to Submit a Proposal Respondent’s shall submit the proposal in (a) properly marked, sealed box(es) containing the following:

5.2.1 One (1) signed original un-redacted bound version of the Proposal (excluding

Attachment C, Price Proposal Sheet), with three (3) un-redacted, bound copies.

5.2.2 One (1) signed original Price Proposal Sheet (Attachment C) in a separate

sealed envelope.

5.2.3 One (1) scanned copy of the entire Proposal in and Attachment C, Price

Proposal Sheet in Adobe (.pdf) on a CD or USB flash drive.

Note: Large files should be scanned as separate files.

5.2.4 One (1) electronic redacted copy of the entire Proposal on a CD or USB flash

drive (if applicable, as described in Section 3.13 of this RFP).

Electronic files should be logically named and easily mapped to the hard copy submittal. The electronic media should be clearly labeled in the same manner as the hard copies. If a Respondent fails to submit the electronic, signed copies with its Proposal, the Department reserves the right to contact the Respondent by telephone for submission of this document via email. This right will be exercised only when the Proposal has met all other requirements of the solicitation.

5.3 Delivery of Proposal

It is the Respondent’s responsibility to ensure their Proposal is delivered to the proper

place and by the deadline stipulated in the Timeline of Events. Proposals must be

submitted in a sealed envelope/package by U.S. Mail, express or expedited courier

delivery service, private courier, or hand delivery.

http://www.sunbiz.org/


Notwithstanding Section 3 of the “State of Florida PUR 1001 (10/06) General

Instructions to Respondents”, the Department of State does not accept Electronic

Submission of Responses.

The DOS Building is a secured facility, if you are hand-delivering the Proposal, please

allow for sufficient time to gain access into the building. PROPOSALS RECEIVED

AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED. The

Department’s clocks will provide the official time for Proposal receipt. The shipping

package should be addressed as follows:

Attention: David Shufflebotham, Procurement Officer

Florida Department of State Division of Administrative Services 500 S. Bronough Street – Room 428 Tallahassee, Florida 32399-0250

Responding Vendor’s Name Solicitation Number: RFP No.: DOS-20/21-015 Title: Consultant Services for Disaster Risks, Mitigation and Recovery Guidance Bid Opening: 3:30 P.M. December 1, 2020

The Department is not responsible for opening improperly marked Proposals.

5.4 Proposal Opening A public opening will be conducted at the time and date specified in Section 2.3, Timeline of Events in the Purchasing Office located at R.A. Gray Building, 500 S. Bronough Street, Room 428, Tallahassee, Florida, 32399-0250.

The public opening will be conducted on the time and date specified in Section 2.3, Timeline of Events, and public can attend via conference call by using the information below.

Conference Call Number: 1-888-585-9008 Room Number: 666-567-017

After the public opening, the name(s) of all Respondents submitting Proposals shall be made available to interested parties upon request to the Procurement Officer.

5.5 Proposal Administrative Review The Department reserves the right to accept or reject any and all proposals failing to meet mandatory responsiveness requirements, or containing material deviations, or separate portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest. Additionally, the Department reserves the right to reject any and all proposals and to re-solicit if in the best interest of the Department.

Respondents are responsible for thoroughly reviewing the specifications of this RFP.


5.5.1 Non-Responsive Replies

Each Respondent shall submit a Proposal that meets all material requirements

of this RFP. The Department will review Proposals to determine the material

requirements as outlined in the RFP. The Department seeks to maximize

competition and reserves the right to seek clarification from Respondents to

obtain non-material information to complete a responsiveness review. Failure of

a Vendor to provide required information may cause a Respondent to be

deemed Non-Responsive and therefore be disqualified from further

consideration.

Non-Responsive Proposals may include, but are not limited to, those which:

fail to utilize, complete, and/or submit the mandatory prescribed forms;

include terms and conditions contrary to the requirements of this solicitation;

do not contain original authorized signatures;

contain Technical or Proposal information contrary to those outlined in this

RFP; and

are not in conformance with the requirements and instructions contained

herein.

A NON-RESPONSIVE PROPOSAL WILL NOT BE CONSIDERED UNLESS, AT

THE DEPARTMENT’S DISCRETION, THE DISCREPANCY DOES NOT

PREVENT REVIEW OF THE PROPOSAL BY THE DEPARTMENT AND CAN

BE EASILY AND QUICKLY REMEDIED.

The Department reserves the right to wave minor irregularities in a Proposal. A

minor irregularity is a variation of a technical nature to this RFP which does not

affect the price of the Proposal or give the Respondent(s) a substantial or unfair

advantage over other Vendors. At its sole discretion, the Department may

request a Respondent to provide clarifying information or additional materials to

correct a minor irregularity. However, the Department will not request, and the

Respondent shall not provide, additional materials that affect the price of the

Proposal or give the Respondent an advantage or benefit not provided to all

responding Vendors.

5.5.2 Disqualification for Non-Responsibility

The Department reserves the right to utilize sources other than those identified

by the Respondent to obtain additional information regarding the Respondent’s

capability of fully performing a contract for the services outlined in this RFP as

well as its integrity and reliability to assure good faith performance. Information

obtained from additional sources may be used to determine whether the

Respondent is a responsible vendor. The Department will reject the Proposal

submitted by any Respondent deemed irresponsible.

Such additional sources may include, but are not limited to, news sources; court

filings; internet searches; and online-reports available from state or federal

agencies. Factors that may result in finding that the Respondent is not a

responsible vendor include, but are not limited to, filing for bankruptcy or

insolvency; conviction of a crime by any corporate officer involving fraud;


dishonesty, unfair or deceptive trade practices; bid or price fixing; or any other

offense related to corporate business practices or having a contract with any

state or governmental entity terminated for breach or for failure to perform within

the past three (3) years.

5.5.3 Material Deviations

The Department has established certain requirements with respect to Proposals to be submitted by Respondents. The use of shall, must, or will (except to indicate simple futurity) in this RFP indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department's sole discretion, the deficient Proposal is not in substantial accord with this RFP requirements, provides an advantage to one Respondent over other Respondents, has a potentially significant effect on the quantity or quality of items proposed, or on the cost to the Department, or otherwise adversely impact the Department’s interest. Material deviations cannot be waived and shall be the basis for rejection of a Proposal.

5.5.4 Changes to Proposal

No substitutions, variations or changes to contract terms, conditions or specifications will be permitted or acknowledged unless approved, in writing, by the Department’s Purchasing Office. Rule 60A-1.002(11), Florida Administrative Code (F.A.C.), specifically prohibits modification of a Proposal after Proposals are opened. Therefore, any changes or variations to the original contract terms, conditions or specifications must have the written approval of the Purchasing Office prior to the opening date.

5.5.5 Withdrawal of Proposal

A Respondent may withdraw a Proposal by written notice to the Department on

or before the deadline specified in Section 2.3, Timeline of Events. Such written

notice is to be submitted to the Procurement Officer.

5.5.6 Proposal Preparation Cost

The Department is not liable for any costs incurred by a Respondent in responding to this RFP, including those for oral presentations, if applicable.

END OF SECTION 5

SECTION 6 - SELECTION METHODOLOGY

The Department evaluation team will consist of at least three (3) persons who collectively have

experience and knowledge in the program areas and service requirements to conduct a

comprehensive, fair, and impartial evaluation of all Proposals received in response to this RFP.


6.1 Proposal Evaluation Proposals will be evaluated using the criteria set forth in this section.

Evaluators will not search through the Proposals for information that is missing from a

section being reviewed, so it is important for the Respondent to carefully follow the RFP

organization and content specified in Section 4, Proposal Content. The Department

will attempt to clarify ambiguous or inconsistent information with a clarification

request(s). In reply to a clarification request, the Department will not allow or evaluate

any information that does not respond directly to the clarification request.

Respondents are responsible for thoroughly reviewing the RFP requirements to ensure

that their Proposal, and proposed approach, are fully compliant and thereby avoids the

possibility of being deemed non-responsive, scored lower, or having zero (0) points

assigned to the portion of the Proposal that is non-compliant.

6.2 Evaluation Criteria

Two (2) types of answers are required for specifications listed in Attachment B,

Statement of Work.

6.2.2 Overall Scoring – Project 1 - Risk Assessment and Disaster Planning for

Local Governments and State Agencies

A maximum of 270 points may be awarded to a Proposal by each evaluator. The

points awarded in each category by each evaluator will be totaled and averaged

to determine the Respondent’s overall score. Based on the Respondent’s overall

score, the Respondent that submits the Proposal receiving the highest overall

score will be selected. The categories for evaluation and a general statement of

the criteria for each area are outlined below:

Evaluation Criteria for PROJECT 1

Maximum Points

Available Vendor Experience

The experience and ability to fulfill the proposed approach will be evaluated according to the company profile, record of past business experiences, qualifications, and litigations sections under Tab 1 of the Technical Response. Each Respondent must have at a minimum of ten (10) years’ experience in performing the work described in this RFP. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40


Historic Preservation and Practices

Proposal(s) will be evaluated to determine the Respondent’s understanding of

historic preservation and practices based on the Respondent’s experience with

interpretation and application of the Secretary of Interior Standards and the

Respondent’s expertise and experience in providing recommendations of

appropriated treatment of historic resources.

(Omitted – 0; Poor – 15; Adequate – 25; Good – 40; Exceptional – 50)

50

Consulting Services Proposal(s) will be evaluated on the Respondent’s demonstrative experience in providing consulting services to municipal or county governments with past performance in working closely with government staff and advisory bodies. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40

Proposed Approach Proposal(s) will be evaluated on the Respondent’s work plan, including project management. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40

Project Manager/Staff Experience Proposal(s) will be evaluated on the Respondent’s Project Manager/Principal Investigator required minimum experience of seven (7) years in performing the work described in this RFP and meets the Secretary of the Interior’s Professional Qualification Standards for Architectural History or Historic Architecture. (Omitted – 0; Poor – 10; Adequate – 15; Good – 25; Exceptional – 30)

30

Disaster Planning and Management The Respondent will provide two (2) examples of similar projects completed within the past five (5) years. The examples will include the activities performed during the project, the scope of the work, and a summary of the final outcome. Examples will be evaluated according to relevance to the needs of DHR as stated in the Statement of Work, Specifications, and Requirements (Attachment B) and overall quality of the final products for each example. (Omitted – 0; Poor – 10; Adequate – 25; Good – 40; Exceptional – 50)

50


Price Proposal

1. The Department will take the following steps upon reviewing Respondent’s Price Proposal Sheet (Attachment C). a. Confirm that the Proposal includes a fixed price b. Confirm that the Proposal is submitted using the Department’s Price

Proposal Sheet (Attachment C) c. Confirm that prices are clear and unambiguous d. Confirm that the Respondent has not submitted any Technical

Response information, Respondent assumptions, changes or additional terms and conditions

2. The maximum available points (20) will be awarded to the Respondent with the lowest Price Proposal for the Initial and Renewal Terms. (Pricing for Optional Services will not be included in the score.)

3. The remaining Proposals from all other Respondent’s will be awarded a pro rata portion of points, rounded to the nearest full number, based on the following formula:

(Lowest Price Submitted / Actual Price submitted by Respondent) X 20 = Points awarded

20

Total Possible Points for the Project 1 Proposal 270

6.2.3 Overall Scoring – Project 2 - Disaster Mitigation and Recovery Guidance for

Florida’s Historic Properties

A maximum of 270 points may be awarded to a Proposal by each evaluator. The

points awarded in each category by each evaluator will be totaled and averaged

to determine the Respondent’s overall score. Based on the Respondent’s overall

score, the Respondent that submits the Proposal receiving the highest overall

score will be selected. The categories for evaluation and a general statement of

the criteria for each area are outlined below:

Evaluation Criteria for Project 2

Maximum Points

Available Vendor Experience

The experience and ability to fulfill the proposed approach will be evaluated according to the company profile, record of past business experiences, qualifications, and litigations sections under Tab 1 of the Technical Response. Each Respondent must have at a minimum of ten (10) years’ experience in performing the work described in this RFP. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40


Historic Preservation and Practices

Proposal(s) will be evaluated to determine the Respondent’s understanding of

historic preservation and practices, based on the Respondent’s experience with

interpretation and application of the Secretary of Interior Standards and the

Respondent’s expertise and experience in providing recommendations of

appropriated treatment of historic resources.

(Omitted – 0; Poor – 15; Adequate – 25; Good – 40; Exceptional – 50)

50

Consulting Services Proposal(s) will be evaluated on the Respondent’s demonstrative experience in providing consulting services to municipal or county governments with past performance in working closely with government staff and advisory bodies. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40

Proposed Approach Proposal(s) will be evaluated on the Respondent’s work plan, including project management. (Omitted – 0; Poor – 10; Adequate – 20; Good – 30; Exceptional – 40)

40

Project Manager/Staff Experience Proposal(s) will be evaluated on the Respondent’s Project Manager/Principal Investigator required minimum experience of seven (7) years in performing the work described in this RFP and meets the Secretary of the Interior’s Professional Qualification Standards for Architectural History or Historic Architecture. (Omitted – 0; Poor – 10; Adequate – 15; Good – 25; Exceptional – 30)

30

Disaster Planning and Management The Respondent will provide two (2) examples of similar projects completed within the past five (5) years. The examples will include the activities performed during the project, the scope of the work, and a summary of the final outcome. Examples will be evaluated according to relevance to the needs of DHR as stated in the Statement of Work, Specifications, and Requirements (Attachment B) and overall quality of the final products for each example. (Omitted – 0; Poor – 10; Adequate – 25; Good – 40; Exceptional – 50)

50


Price Proposal

1. The Department will take the following steps upon reviewing Respondent’s Price Proposal Sheet (Attachment C). e. Confirm that the Proposal includes a fixed price f. Confirm that the Proposal is submitted using the Department’s Price

Proposal Sheet (Attachment C) g. Confirm that prices are clear and unambiguous h. Confirm that the Respondent has not submitted any Technical

Response information, Respondent assumptions, changes or additional terms and conditions

2. The maximum available points (20) will be awarded to the Respondent with the lowest Price Proposal for the Initial and Renewal Terms. (Pricing for Optional Services will not be included in the score.)

3. The remaining Proposals from all other Respondent’s will be awarded a pro rata portion of points, rounded to the nearest full number, based on the following formula:

(Lowest Price Submitted / Actual Price submitted by Respondent) X 20 = Points awarded

20

Total Possible Points for Project 2 Proposal 270

6.3 Identical Scoring of Replies In the case of an exact tie in the scoring, the tie will be resolved in accordance with

section 295.187, Florida Statutes and Rule 60A1.011, Florida Administrative Code,

which may include certification that a drug-free workplace has been implemented.

Vendors may execute and return Certification of a Drug Free Workplace (Form 5), to be

considered in the event of an exact tie score.

6.4 Posting of Notice of Agency Decision The Notice of Agency Decision will be posted on the anticipated date shown in the

Section 2.3, Timeline of Events, and will remain posted for a period of seventy-two

(72) hours (Saturdays, Sundays and State holidays shall be excluded in the

computation of the seventy-two (72) hour time period). Respondents to this solicitation

or persons acting on their behalf may not contact, between the release of the

solicitation and the end of the 72-hour period following the agency posting the notice

of intended award, excluding Saturdays, Sundays, and state holidays, any employee

or officer of the executive or legislative branch concerning any aspect of this

solicitation, except in writing to the procurement officer or as provided in the

solicitation documents. Violation of this provision may be grounds for rejecting a

response.

Posting will be made available on the Florida Vendor Bid System at:

:http://vbs.dms.state.fl.us/vbs/main_menu and at the Department of State’s Purchasing

Office located in Tallahassee, Florida.

The Department shall not be obligated to pay for information obtained from or through

any Respondent prior to entering into a contract with the successful Respondent.

http://vbs.dms.state.fl.us/vbs/main_menu


Pursuant to Section 120.57(3), Florida Statutes and PUR 1001 Section 20, any

Respondent who is adversely affected by the Department's recommended award or

intended decision must file a Notice of Protest or Formal Written Protest with the Agency

Clerk in the Department’s Office of General Counsel, at:

[email protected], or (fax) 850-245-6127. Failure to file a

protest within the time prescribed in subsection 120.57(3), Florida Statutes, or

failure to post the bond or other security required by law within the time allowed

for filing a bond shall constitute a waiver of proceedings under chapter 120,

Florida Statutes.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK


ATTACHMENT A – SAMPLE CONTRACT

CONTRACT

FOR

CONSULTANT SERVICES FOR DISASTER RISK, MITIGATION AND

RECOVERY GUIDANCE

DOS NO: DOS-20/21-015

BETWEEN

FLORIDA DEPARTMENT OF STATE

AND

<<PARTY NAME>>


Table of Contents SECTION 1. DEFINITIONS ......................................................................................................29

SECTION 2. TERM ..................................................................................................................29

SECTION 3. PAYMENTS.........................................................................................................29

SECTION 4. CONTRACT DOCUMENT ...................................................................................30

SECTION 5. CONTRACT ADMINISTRATION .........................................................................31

SECTION 6. COMPLIANCE WITH LAWS ................................................................................32

SECTION 7. DEPARTMENT OF STATE, CORPORATE STATUS CERTIFICATE ..................33

SECTION 8. LIABILITY AND WORKER’S COMPENSATION INSURANCE ............................33

SECTION 9. PUBLIC RECORDS .............................................................................................33

SECTION 10. INTELLECTUAL PROPERTY ............................................................................35

SECTION 11. E-VERIFY ..........................................................................................................35

SECTION 12. SCRUTINIZED COMPANY LIST .......................................................................36

SECTION 13. GEOGRAPHIC LOCATION OF DATA AND SERVICES....................................36

SECTION 14. RECORDS RETENTION ...................................................................................36

SECTION 15. GIFTS ................................................................................................................36

SECTION 16. VENDOR OMBUDSMAN...................................................................................36

SECTION 17. MONITORING BY THE DEPARTMENT ............................................................36

SECTION 18. AUDITS .............................................................................................................37

SECTION 19. BACKGROUND SCREENING, RECORD RETENTION, AND WARRANTY OF

SECURITY ................................................................................................................................37

SECTION 20. PERFORMANCE BOND ...................................................................................40

SECTION 21. NO OFFSHORING AFFIDAVIT .........................................................................40

SECTION 22. PREFERRED PRICING AFFIDAVIT..................................................................41

SECTION 23. SPECIFIC APPROPRIATION ............................................................................41


Contract

This Contract is between the Florida Department of State (Department), an agency of the State of Florida with offices at 500 S. Bronough Street, Florida 32399, and (Contractor), with offices at (Contractor Address), each a “Party” and collectively referred to herein as “Parties”. The Parties enter into this Contract in accordance with the terms and conditions of solicitation DOS-20/21-015, RFP Consultant Services for Disaster Risk, Mitigation and Recovery Guidance. The Parties therefore agree as follows. SECTION 1. DEFINITIONS The following definitions apply in addition to the definitions in the PUR 1000 form.

1.1 Confidential Information: Any portion of a Contractor’s documents, data or records

disclosed relating to its response that the Contractor claims is confidential and not subject to disclosure pursuant to Chapter 119, Florida statutes, the Florida Constitution, or any other authority and is clearly marked “Confidential.”

1.2 Contract Manager: The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

<<If Applicable Insert definitions specific to the contract and statement of work.>> SECTION 2. TERM

2.1 Initial Term

The initial term of the Contract will be for X years. The initial Contract term shall begin on <insert contract start date> or on the last date it is signed by all Parties, whichever is later.

2.2 Renewal Term (If Applicable) Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part, for renewal terms up to <<insert the renewal term language off the solicitation>>. Any renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds.

2.3 Termination <Insert any relevant termination provisions that modify or are in addition to the sections 22 or 23 of the PUR 1000 form.>

SECTION 3. PAYMENTS 3.1 Pricing

The Contractor shall adhere to the prices as stated in Attachment <<X>>, an attachment to the competitive solicitation, which is incorporated by reference into the Contract. Or The Contractor shall adhere to $XXXX price agreed upon by both Parties.


3.2 Price Adjustments

<Add any language related to any allowance of price increases or decreases: if and when they will be allowed; and how they will be determined. If none are allowed during the duration of the Contract, please specify here.>

3.3 Detail of Bills

The Contractor shall submit bills for fees or other compensation for services or expenses in detail sufficient enough for a proper pre-audit and post-audit. The Department reserves the right to request additional documentation as needed.

3.4 Bills for Travel

Bills for travel expenses, if explicitly permitted in the Contract, must be submitted in accordance section 112.061, Florida Statutes.<If travel is not permitted in this contract, please specify here.>

3.5 Payments

The Parties agree that payments under this Contract shall be made upon receipt of deliverables.

3.6 Final Invoice Unless renewed or extended, the deliverables of the Statement of Work must be completed by <insert date>.

3.7 Appropriations The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

SECTION 4. CONTRACT DOCUMENT

Contract Documents & Hierarchy This Contract sets forth the entire understanding of the Parties and consists of the documents listed below. In the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 4.1 This Contract and all attachments;

4.2 RFP No.: DOS-20/21-015 and all addenda, in reverse order of issuance of the Vendor

Bid System;

4.3 Contractor’s Proposal to the RFP; and

4.4 The General Contract Conditions - PUR 1000 form, which are incorporated by reference, and available at: http://www.dms.myflorida.com/content/download/2933/11777/version/6/file/1000.pdf

4.5 <List inapplicable sections of the PUR 1000 here.>

4.6 <<Insert any other attachments or documents that are relevant; order may change

depending on contract.>>

http://www.dms.myflorida.com/content/download/2933/11777/version/6/file/1000.pdf


SECTION 5. CONTRACT ADMINISTRATION 5.1 Department Contract Administrator

The Contract Administrator whose responsibilities will be to maintain this Contract is as follows:

Jeanie Vause

Departmental Purchasing Florida Department of State 500 S. Bronough Street, Suite 428 Tallahassee, Florida 32399-0950 Telephone: (850) 245-6595 Email: [email protected]

In the event that the Department changes the Contract Administrator, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract.

5.2 Contract Manager

The Contract Manager who is primarily responsible for overseeing the Contractor’s performance of its duties and obligations pursuant to the terms of this Contract shall be as follows: Jane Doe <Insert contract manager> <Insert contract manager physical address> Telephone: (850) XXX-XXXX Email: [email protected]

In the event that the Department changes the Contract Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract.

5.3 Contractor Representative The Contractor’s employee who is primarily responsible for overseeing the Contractor’s performance of its duties and obligations pursuant to the terms of this Contract shall be: Jane Doe <Insert vendor name> <Insert vendor physical address> Telephone: (850) XXX-XXXX Email: [email protected]

5.4 Diversity Reporting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran business enterprises in the economic life of the State. The Department of Management Services encourages supplier diversity through certification of business enterprises, advocacy and outreach and Business Match Maker events. For additional information, please contact the Office of Supplier Diversity at (850) 487-0915 or [email protected].



SECTION 6. COMPLIANCE WITH LAWS

6.1 Compliance The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State and local agencies having jurisdiction and authority. Chapter 287, of the Florida Statutes and Rule 60A of the Florida Administrative Code govern the Contract. The Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status or veteran’s status. Violation of any laws, rules, codes, ordinances or licensing requirements shall be grounds for Contract termination or non-renewal of the Contract.

6.2 Notice of Legal Actions

The Contractor shall notify the Department of any legal actions filed against it for a violation of any laws, rules, codes ordinances or licensing requirements within 30 days of the action being filed. The Contractor shall notify the Department of any legal actions filed against it for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action shall be grounds for termination or nonrenewal of the Contract.

6.3 Convicted and Discriminatory Vendors

Pursuant to sections 287.133 and 287.134, Florida Statutes, the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. 6.3.1 Convicted Vendors

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.

6.3.2 Discriminatory Vendors

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

The Contractor shall notify the Department if it or any of its suppliers, subcontractors or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Contract.


6.3.3. Cooperation with the Inspector General

Pursuant to section 20.055(5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

SECTION 7. DEPARTMENT OF STATE, CORPORATE STATUS CERTIFICATE

Contractor and any subcontractors that assert corporate status must provide the Department conclusive evidence, per section 607.0127, 605.0211, or 620.1209, Florida Statutes, of a certificate of status if a Florida business entity, or of a certificate of authorization if a foreign business entity obtained from the Florida Department of State per section 607.0128, 605.0902, or 620.1902, Florida Statutes, not subject to any qualification stated in the certificate, and maintain such status through the life of the Contract. SECTION 8. LIABILITY AND WORKER’S COMPENSATION INSURANCE

<The language below is standard; however, insurance requirements will vary depending on the scope and subject of the contract.> This paragraph modifies section 35, of the PUR 1000 form. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, at a minimum, shall be as follows: workers’ compensation and employer’s liability insurance per Florida statutory limits (currently $200,000 per accident, $200,000 per person and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non-owned liability and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in the State of Florida. The Contractor shall have their insurance carrier note the Department as the certificate holder as provided below: Florida Department of State Division of Historical Resources c/o Purchasing Section 500 Bronough Street, Suite 428 Tallahassee, Florida 32399 SECTION 9. PUBLIC RECORDS

9.1 Access to Public Records

The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), Florida Statutes.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html


9.2 Redacted Copies of Confidential Information

If the Contractor considers any portion of any documents, data, or records submitted to the Department to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, the Contractor must simultaneously provide the Department with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled “Confidential.” The redacted copy should only redact those portions of material that the Contractor claims is confidential, proprietary, trade secret or otherwise not subject to disclosure.

9.3 Request for Redacted Information In the event of a public records or other disclosure request pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, to which documents that are marked as “Confidential” are responsive, the Department will provide the Contractor-redacted copies to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Contractor such an assertion has been made. It is the Contractor’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119 or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Contractor under legal process, the Department shall give the Contractor prompt notice of the demand prior to releasing the information labeled “Confidential” (unless otherwise prohibited by applicable law). The Contractor shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

9.4 Indemnification The Contractor shall protect, defend and indemnify the Department for any and all claims arising from or relating to the Contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Contractor fails to submit a redacted copy of information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request or other lawful request for these records.

9.5 Contractor as Agent

Solely for the purposes of this section, the Department’s Contract Manager is the agency custodian of public records. If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes, the Contractor shall: 9.5.1 Keep and maintain public records required by the public agency to perform the

service. 9.5.2 Upon request from the public agency’s custodian of public records, provide the

public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.


9.5.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency.

9.5.4 Upon completion of the Contract, transfer, at no cost, to the public agency all

public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

9.5.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER.

SECTION 10. INTELLECTUAL PROPERTY <The language below is standard; however, in contracts will need more specific provisions. Any language addressing intellectual property rights must address the property rights of any intellectual property related to the contract and the specific rights of the state regarding the intellectual property if the contractor fails to provide the services or is no longer providing services.> The Parties do not anticipate that any intellectual property will be developed as a result of this Contract. However, any intellectual property developed as a result of this Contract will belong to, and be the sole property of, the state. This provision will survive the termination or expiration of this Contract. SECTION 11. E-VERIFY Pursuant to State of Florida Executive Order Number 11-116, the Contractor is required to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system to verify the employment of all new employees hired by the Contractor during the Contract term. Also, the Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution.


If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five (5) days of Contract execution. The link to E-Verify is provided below. http://www.uscis.gov/e-verify Upon each Contractor or subcontractor new hire, the Contractor shall provide a statement within five days to the Contract Manager identifying the new hire with its E-Verify case number. SECTION 12. SCRUTINIZED COMPANIES – TERMINATION BY THE DEPATMENT

The Department may, at its option, terminate the Contract if the Contractor is found to have submitted false certification as provided under Section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. SECTION 13. GEOGRAPHIC LOCATION OF DATA AND SERVICES The State of Florida requires that all data generated, used or stored by the Contractor pursuant to the Contract will reside and remain in the United States and will not be transferred outside of the United States. The State of Florida also requires that all services provided under the Contract, including call center or other help services, will be performed by persons located in the United States. SECTION 14. RECORDS RETENTION

The Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor shall retain all documents related to this Contract in compliance with the rules of the Florida Department of State. SECTION 15. GIFTS

The Contractor agrees that it will not offer to give or give any gift to any State of Florida employee. This Contractor will ensure that its subcontractors, if any, will apply with this provision. SECTION 16. VENDOR OMBUDSMAN

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, Florida Statutes, which include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SECTION 17. MONITORING BY THE DEPARTMENT

The Contractor shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the Contractor that are relevant to this Contract and to interview clients, employees and subcontractor employees of the Contractor to assure the Department of satisfactory performance of the terms and conditions of this Contract. Following such review, the Department may deliver to the

http://www.uscis.gov/e-verify


Contractor a written report of its finding(s) and direct the development, by the Contractor, of a corrective action plan. This provision will not limit the Department’s termination rights. SECTION 18. AUDITS

The Department may conduct or have conducted performance and/or compliance audits of any and all areas of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and Subcontractors’ data and records that directly relate to the Contract Services. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon fifteen (15) days’ notice, during normal business hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The State’s Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. SECTION 19. BACKGROUND SCREENING, RECORD RETENTION, AND WARRANTY OF SECURITY All Contractor employees, Subcontractors and agents performing work under the Contract must

comply with all security and administrative requirements of the Department.

19.1 Background Screening

<<Amend language to altering Division specific language as needed>>

In addition to any background screening required by the Contractor as a condition of

employment, the Contractor warrants that it will conduct a criminal background screening of, or

ensure that such a screening is conducted for, each of its employees, subcontractor personnel,

independent contractors, leased employees, volunteers, licensees or other person, hereinafter

referred to as “Person” or “Persons,” operating under their direction who directly perform

services under the Contract, whether or not the Person has access to State of Florida Data, as

well as those who have access, including indirect access, to State of Florida Data, whether or

not they perform services under the Contract. The Contractor warrants that all Persons will

have passed the Background Screening described herein before they have Access to Data or

begin performing services under the contract. The look-back period for such background

screenings shall be for a minimum of six (6) years where six (6) years of historical information is

available.

“Access” means to review, inspect, approach, instruct, communicate with, store data in, retrieve

data from, or otherwise make use of any data, regardless of type, form, or nature of storage.

Access to a computer system or network includes local and remote access.

“Data” means a representation of information, knowledge, facts, concepts, computer software,

computer programs or instructions, whether it is exempt, confidential, or personal health

information. Data may be in any form, including but not limited to, storage media, computer

memory, in transit, presented on a display device, or in physical media such as paper, film,

microfilm, or microfiche. Data includes the original form of the Data and all metadata associated

with the Data.


The minimum background check process will include a check of the following databases

through a law enforcement agency or a Professional Background Screener accredited by the

National Association of Professional Background Screeners or a comparable standard:

Social Security Number Trace; and

Criminal Records (Federal, State and County criminal felony and misdemeanor, national

criminal database for all states which make such data available).

The Contractor agrees that each Person will be screened as a prior condition for performing

services or having access to State of Florida Data. The Contractor is responsible for any and all

costs and expenses in obtaining and maintaining the criminal background screening information

for each Person described above. The Contractor will maintain documentation of the screening

in the Person’s employment file. The Contractor will abide by all applicable laws, rules and

regulations including, but not limited to the Fair Credit Reporting Act and/or any equal

opportunity laws, rules, regulations or ordinances.

19.1.1 Disqualifying Offenses

If at any time it is determined that a Person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are:

Computer related or information technology crimes

Fraudulent practices, false pretenses and frauds, and credit card crimes

Forgery and counterfeiting

Violations involving checks and drafts

Misuse of medical or personnel records

Felony theft If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court’s disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have access to State of Florida Data. The Contractor will consider the following factors only in making the determination: i.) nature and gravity of the offense, ii.) the amount of time that lapsed since the offense, iii.) the rehabilitation efforts of the person and iv.) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed access to State of Florida Data, then Contractor shall maintain all criminal background screening information and the rationale for such access in the Person’s employment file.

19.1.2 Refresh Screening

The Contractor will ensure that all background screening will be refreshed every five (5)

years from the time initially performed for each Person during the Term of the Contract.

19.1.3 Annual Certification

The Contractor is required to submit an annual certification demonstrating compliance with

the Warranty of Security to the Department by December 31 of each Contract year.


19.1.4 Self-Disclosure

The Contractor shall ensure that all Persons have a responsibility to self-report within three

calendar days to the Contractor any updated court disposition regarding any disqualifying

offense, regardless of adjudication (adjudication withheld, a plea of guilty or nolo

contendere, or a guilty verdict). The Contractor shall immediately reassess whether to

disallow that Person access to any State of Florida premises or from directly performing

services under the Contract. Additionally, the Contractor shall require that the Person

complete an annual certification that they have not received any additional criminal

misdemeanor or felony record regardless of adjudication (adjudication withheld, a plea of

guilty or nolo contendere, or a guilty verdict) for the Disqualifying Offenses and shall

maintain that certification in the employment file.

In addition, the Contractor shall ensure that all Persons have a responsibility to self-report to

the Contractor within three calendar days, any arrest for any Disqualifying Offense. The

Contractor shall notify the Contract Manager within twenty-four (24) hours of all details

concerning any reported arrest.

19.2 Duty to Provide Secure Data

The Contractor will maintain the security of State of Florida Data including, but not limited to, a

secure area around any display of such Data or Data that is otherwise visible.. Data cannot be

disclosed to any person or entity that is not directly approved to participate in the scope of work

set forth in this Contract.

19.3 Department’s Ability to Audit Screening Compliance and Inspect Locations

The Department reserves the right to audit the Contractor’s background screening process upon

two (2) days prior written notice to the Contractor during the Term of the Contract. Department

will have the right to inspect the Contractor’s working area, computer systems, and/or location

upon two business days prior written notice to the Contractor to ensure that access to the State

of Florida Data is secure and in compliance with the Contract and all applicable state and

federal rules and regulations.

19.4 Record Retention

The Contractor shall retain a list of all Persons with Access to Data, including a statement

confirming that each Person has passed the Background Screening required herein. Such a

statement shall not include the substance of the screening results, only that the Person has

passed the screening.

The Contractor shall create a written policy for the protection of Data, including a policy and

procedure for Access to Data.

The Contractor shall document and record, with respect to each instance of Access to Data:

1) The identity of all individual(s) who accessed Data in any way, whether those individuals are

authorized Persons or not;

2) The duration of the individual(s)’ access to Data, including the time and date at which the

access began and ended;


3) The identity, form, and extent of Data accessed, including, but not limited to, whether the

individual accessed partial or redacted versions of Data, read-only versions of Data, or

editable versions of Data; and

4) The nature of the access to Data, including whether Data was edited or shared with any

other individual or entity during the duration of the access, and, if so, the identity of the

individual or entity.

The Contractor shall retain the written policy and information required in this subsection for the

duration of this Contract and a period of no less than five (5) years from the date of termination

of this Contract and any Contract extensions. The written policy and information required in this

subsection shall be included in the Department’s audit and screening abilities as defined in

subsection 19.3. The written policy and information required in this subsection shall also be

subject to immediate disclosure upon written or oral demand at any time by the Department or

its designated agents or auditors.

19.5 Indemnification

The Contractor agrees to defend, indemnify and hold harmless the Department, the State of

Florida, its officers, directors and employees for any claims, suits or proceedings related to a

breach of this section. The Contractor will include credit monitoring services at its own cost for

those individuals affected or potentially affected by a breach of this section for a two (2) year

period of time following the breach.

SECTION 20. PERFORMANCE BOND

The Department will not require the Contractor to furnish a performance bond or other form of security for the faithful performance of work under this Contract. SECTION 21. NO OFFSHORING AFFIDAVIT Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of

the Services from outside of the United States, and the Contractor will not allow any State of

Florida Data to be sent by any medium, transmitted or accessed outside of the United States.

The Contractor agrees that a violation of items listed above will result in immediate and

irreparable harm to the Department and will entitle the Department to a credit of $50,000 per

violation, with a total cap of $500,000 per event. This credit is intended only to cover the

Department’s internal staffing and administrative costs as well as the diminished value of

Services provided under the Contract and will not preclude the Department from recovering

other damages it may suffer as a result of such violation. For purposes of determining the

damages due hereunder, a group of violations relating to a common set of operative facts (e.g.,

same location, same time period, same off-shore entity) will be treated as a single event. A

violation of this provision will also entitle the Department to recover damages, if any, arising

from a breach of this section and constitutes an event of default.

Notwithstanding any provision of this Contract to the contrary, the Contractor shall notify the

Department as soon as possible and in all events within one (1) business day in the event it

discovers any Data is breached, any unauthorized access of State of Florida Data occurs (even

by persons or companies with authorized access for other purposes), any unauthorized

transmission of Data or any credible allegation or suspicion of a material violation of the above.

This notification is required whether the event affects one employee/retiree or the entire


population. The notification shall be clear and conspicuous and include a description of the

following:

(a) The incident in general terms.

(b) The type of personal information that was subject to the unauthorized access and

acquisition.

(c) The number of individuals who were, or potentially have been affected by the breach.

(d) The actions taken by the Contractor to protect the Data information from further

unauthorized access. However, the description of those actions in the written notice may

be general so as not to further increase the risk or severity of the breach.

Upon becoming aware of an alleged security breach or security incident, the Contractor Security

Officer shall set up a conference call with the Department’s Contract Manager. The conference

call invitation shall contain a brief description of the nature of the event. When possible, a thirty

(30) minute notice shall be given to allow Department personnel to be available for the call. If

the designated time is not practical for the Department, an alternate time for the call shall be

scheduled. All available information shall be shared on the call. The Contractor shall answer all

questions based on the information known at that time and shall answer additional questions as

additional information becomes known. The Contractor shall provide the Department with final

documentation of the incident including all actions that took place. If the Contractor becomes

aware of a security breach or security incident outside of normal business hours, the Contractor

shall notify the Department’s Contract Manager and in all events, within one (1) business day.

SECTION 22. PREFERRED PRICING AFFIDAVIT Contractor acknowledges and recognizes that the Department wants to take advantage of any

improvements in price/fees over the course of the Contract period. To that end, the price

indicated in this Contract is a maximum guarantee.

Contractor’s fee under this Contract will not exceed the Contractor’s total fees then in effect for

substantially the same services to any organization with similar services to those in this

Contract. During the term of the Contract, if Contractor implements or provides any other client,

whether a public or private entity, such pricing with more favorable than the pricing in this

Contract, then Contractor agrees to offer equivalent pricing terms to the Department and the

Department and Contractor will execute a amendment of this Contract. The Contractor shall

submit to the Department, a completed Preferred Pricing affidavit form annually.

SECTION 23. SPECIFIC APPROPRIATION (If Applicable) The following is the specific state funds from which the state will make payment under the Contract:

<<Insert section from General Appropriations Act>>

SIGNATURE PAGE IMMEDIATELY FOLLOWS


IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties

FLORIDA DEPARTMENT OF STATE

Signature: (Name), Director of (Division) Date CONTRACTOR NAME Signature: Contractor Representative Contractor Representative Title Date


ATTACHMENT B

STATEMENT OF WORK/SPECIFICATIONS AND REQUIREMENTS

PROJECT 1 – RISK ASSESSMENT AND DISASTER PLANNING FOR LOCAL

GOVERNMENTS AND STATE AGENCIES

1. OVERVIEW Hurricane Irma directly affected numerous historic properties in Florida and highlighted the

risk the state’s historic properties face from natural disasters. The purpose of this project is

to analyze the risk historic properties face from natural disasters and provide better local

and state policy and planning guidance to support disaster preparedness and mitigation for

historic properties throughout the state. This project should substantially expand upon the

existing guidance provide by our office in the 2006 document, “Disaster Planning for

Florida’s Historic Properties,” as well as similar guidance available in the region.

Outreach to the public, local governments, and state agencies as well as other stakeholders

is an important aspect of this project. Initial outreach efforts should focus on ensuring the

document addresses common questions, concerns, and issues faced by local governments

and state agencies. Outreach efforts should engage with communities in the Certified Local

Government program, city/county emergency management offices, regional planning

councils, state agencies, and other relevant stakeholders.

In addition to outreach, the project should include extensive research of current disaster

management and historic preservation laws, regulations, and policies. The research should

include relevant state and federal resources and conduct a “gap analysis” of historic

preservation and disaster mitigation and recovery policies at the state level. This “gap

analysis” will help to shape recommendations for better integrating state historic

preservation and disaster management policy.

Local government disaster management plans and historic preservation policy should also

be researched and examined as part of this project. This should include a general survey of

how, or if, local governments address historic properties in disaster management plans and

vice versa. Several case study communities should be selected to explore in detail and to

highlight local governments that have taken steps to integrate historic properties with

disaster management planning. This research and analysis should include a “gap analysis”

of historic preservation and disaster mitigation and recovery policies at the local government

level. This “gap analysis” will help to shape recommendations for better integrating local

historic preservation and disaster management policy.

The document should include a thorough statewide risk assessment for documented historic

properties, included historic structures, cemeteries, bridges, archaeological sites, and

historic districts recorded on the Florida Master Site File which are National Register of

Historic Places listed or eligible for listing, or have been unevaluated for National Register

significance. The risk assessment should identify geographic areas for threats from

hurricane and flooding related impacts. The risk assessment should also address disaster

related economic impacts to historic properties. This risk assessment will provide a basis for

shaping policy recommendations and guidance.

In addition to assessing disaster risk to historic properties on a statewide basis, the

document should provide methodologies and tools for local governments to assess specific


risks to their communities. These methods should assist communities to identify their

specific risks and, in turn, help the local government to adopt specific policy measures

tailored to their needs and historic properties.

In synthesizing the research, outreach, and risk assessment conducted as referenced

above, the project will require developing two final documents. The first will focus on local

governments as the primary users. The second will focus on state agencies as the primary

users.

The local government document will highlight local government planning and policy tools for

historic properties, hazard mitigation, and disaster recovery and address how these

resources can be better integrated to address historic properties in disaster management

planning. The document should also provide the risk assessment methodology for use by

local governments. This document will also include case study examples of planning and

policy measures in use by local governments in Florida that integrate historic preservation

and disaster management policies. Case study examples should include Hurricane Irma, but

may include examples from other disasters as well. The document should provide template

versions of policies to incorporate into local Hazard Mitigation Plans, Local Comprehensive

Plans, local National Flood Insurance Program policy, historic preservation ordinances, and

other relevant policies as identified by the consultant.

The state planning document will review state-level laws, regulations, and policies for

historic properties, hazard mitigation, and disaster recovery and address how these

resources can be used to better address hazard mitigation and disaster recovery for historic

properties. The document should include recommended steps to further incorporate historic

properties into state hazard mitigation planning. The document should include a complete

module for inclusion in Florida Comprehensive Historic Preservation Plan and a module for

the State Hazard Mitigation Plan. The document must also address how state agencies can

revise their own internal policies to better integrate historic properties into their disaster

management plans. Additionally, specific guidance should be provided for the integrations of

state-owned historic properties into state agency disaster management plans.

Following development of guidance, outreach through a series of workshops and webinars

will ensure that the information is accessible to end users.

2. BACKGROUND Funding for this project is provided by the National Park Service (NPS) pursuant to the

Hurricane Harvey, Irma, and Maria (HIM) Emergency Supplemental Historic Preservation

Fund (ESHPF) Grant Program. Public Law 115-123 appropriated $50 million from the

Historic Preservation Fund (HPF) for historic preservation projects providing relief for

damages in areas that have received a major disaster declaration pursuant to the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 USC 5121 et seq.) as a result of

Hurricanes Harvey, Irma, and Maria which occurred in 2017. The HPF uses revenue from

federal oil leases on the Outer Continental Shelf, providing assistance for a broad range of

preservation projects without expending tax dollars.

The NPS awarded the Division of Historical Resources, Florida’s State Historic Preservation

Office (SHPO), $5,932,724 from the ESHPF, of which a portion will be applied to assessing

disaster risks to historic properties and developing local and state disaster planning and

policy guidance for historic properties.

https://www.fema.gov/media-library-data/1519395888776-af5f95a1a9237302af7e3fd5b0d07d71/StaffordAct.pdf



3. GOALS AND OBJECTIVES The Division’s primary goal for The Risk Assessment and Disaster Planning Project is to

provide local governments and state agencies with clear planning and policy guidance to

assess disaster related risk for historic properties and better incorporate historic

preservation with existing disaster management framework. In particular, the solution will

consist of an in-depth guidance document meant to:

Enable communities and state agencies to become more proactive and less reactive

regarding the consideration of historic resources within the emergency management

cycle.

Ensure that historic resources are not only specifically addressed for the first time, but

also prioritized for risk reduction within the hazard mitigation planning process due to

their cultural significance and the contributions they make to their communities.

Identify risk reduction policy measures that provide maximum protection yet preserve the

character and integrity of historic resources to the greatest extent possible.

Develop and/or strengthen nontraditional partnerships between historic preservation and

emergency management agencies and professionals.

Support the continued economic viability of economically strong, yet hazard vulnerable,

historic districts and communities through hazard mitigation priorities.

Ensure continuity between local government and state disaster management plan goals,

objectives, and actions for historic resources and communities.

The selected Respondent will:

Seek input from relevant state agencies, local governments, and the general public as

well as stakeholders and experts in the fields of historic preservation and disaster

management.

Assess statewide risk to historic properties from natural disasters. Directly address risks

from hurricanes and flooding events and considering other disaster types as well.

Risk assessment and planning and policy guidance should address a wide range of

historic properties, including: historic structures, cemeteries, bridges, archaeological

sites, and historic districts.

Risk assessment and planning and policy guidance should address historic properties in

geographically diverse areas and in both urban and rural communities.

Conduct a “gap analysis” of historic preservation and disaster mitigation and recovery

policies at the local and state level to identify and evaluate opportunities to better

integrate the policies.

Provide straightforward methodologies and tools for use by local governments to assess

risk to historic properties within their jurisdiction.

Develop clear policy and planning guidelines to address how policy at the local level,

including local comprehensive plans, emergency management plans, historic

preservation ordinances, and related materials, can be updated to better address historic

properties.

Provide clear state-level policy and planning guidance for implementation by the Division

as well as other state agencies to better integrate historic preservation and disaster

management policy.

Provide recommendations and draft text addressing disaster mitigation for historic

properties in state planning documents, including a module for inclusion in Florida


Comprehensive Historic Preservation Plan and a module for inclusion in the Florida

State Hazard Mitigation Plan.

4. SCOPE OF WORK

Details of the Scope of Work include:

A. Research Design:

Prior to submitting the Research Design, the consultant shall meet with the Division at

the in-person Kickoff Meeting to discuss the project and refine specific areas that need

to be addressed by the project. The consultant shall then develop a detailed Research

Design for the project and submit to the Division for review and approval prior to

beginning research or outreach efforts. The Division will review and comment of the

submitted Research Design to provide the consultant with further input and direction.

Research Design will detail the consultant’s approach to gathering and synthesizing the

information and data necessary to complete each component of the project and must

include detailed sections addressing Background Research, Outreach Strategy,

Project Design, and Timeline.

1. Background Research section must address the following areas, but may address

other research areas as necessary:

General Research: A brief annotated bibliography of primary and secondary

sources relevant to the study of disaster management and historic preservation

policy.

Federal, State, and Local Policy Review: Describe the existing government laws,

regulations, procedures, and policies relevant to this study. Describe the

consultant’s process for surveying local government disaster management plans

for historic property specific guidelines. This section will provide the basis for the

“gap analysis,” which will discuss opportunities and recommendations to better

integrate historic preservation and disaster management policy at the state and

local levels.

Risk Assessment: Describe the sources of information and data necessary to

evaluate statewide disaster risks to historic properties. For historic properties, the

Florida Master Site File data is required, but other sources of information should

be considered as well. To evaluate disaster threats current information and data

related to hurricane and flooding impacts must be the focus, but other disasters

may be included as well. Examples of similar Risk Assessments should be

referenced, if available.

2. Outreach Strategy must detail the consultant’s approach for soliciting input from

various stakeholders including state and local government, the public, and other

relevant stakeholders and experts as identified by the consultant. In particular, the

Outreach Strategy should address the following:

A list of anticipated stakeholders.

The key questions and areas of input the consultant will seek from stakeholders.

Explanation of the consultant’s questions and input sought from stakeholders.


Description of the consultant’s approach for incorporating stakeholder input into

guidance.

Include how they will market/recruit stakeholders.

3. Project Design must provide a detailed overview of the consultant’s approach to

addressing the following primary topics:

For the local government document: historic preservation and disaster

management Overview, local government risk assessment methodology,

recommended improvements to local historic preservation processes,

recommended improvements to local emergency management processes,

integration of local historic preservation and disaster management policies, local

government case study examples, and template policy documents. Consultant

may address additional topics as necessary.

For the state government document: historic preservation and disaster

management overview, statewide risk assessment, recommended improvements

to state-level historic preservation processes, recommended improvements to

state-level disaster management processes, integration of historic preservation

and disaster management policies, module for Florida Comprehensive Historic

Preservation Plan, and a module for the State Hazard Mitigation Plan. Consultant

may address additional topics as necessary.

4. Timeline should provide a detailed week-by-week schedule of the consultant’s

planned work over the contract period.

B. Progress Reports

1. Intermediate Progress Reports. The consultant shall submit two intermediate

progress reports documenting overall progress made throughout the project term.

Reports should be submitted to the Division by the deadlines specified below in the

completion schedule. The intermediate reports must include the following:

Name of the project

Period of report and report deadline date

Consultant contact person, firm name, and contact telephone number

Work accomplishments during the period of performance as well as

difficulties encountered and reasons for delay if applicable.

One (1) electronic and one (1) hard copy of each progress report.

Summary of research, draft guidance, draft outreach documents, and sample

photographs completed to date should be provided as attachments. Any stakeholder

engagement efforts should also be described.

2. Final Progress Report. The final progress report is due at the conclusion of the

project and must have attached all required reports and other required

documentation completed in accordance with the requirements described herein and

in the various Florida State Historic Preservation Office guidance documents

referenced herein. The final report must include a narrative of the work accomplished

versus work planned and contain a detailed statement of all expenditures related to

the survey projects.


C. Draft Deliverables. The Division will review and provide comments of the Draft

submission to be integrated into the Final submission. Draft reports must be submitted by

June 30, 2021.

1. Draft Submission for Local Government must include:

a) Draft Method Report

b) Draft Publication Document.

1) Draft Method Report - is intended to provide background and reference

information for the Division and must include the following:

Title Page – author(s), organization affiliation, address and telephone number,

agency/client name (“Division of Historical Resources, Florida Department of

State”), agency/client address and telephone number, report date, contract

number, reference DRAFT - The Florida Local Government Guide to Historic

Preservation and Disaster Management, and report date.

Abstract/summary – provide a brief synopsis of the project, purpose or/need for

the project, context of historic preservation and disaster management policy in

Florida, overview of risk assessment methodology, and summary of

recommendations.

Visuals – include relevant maps, contemporary and historic photographs (must

include disaster photographs from Hurricane Irma, other disasters may be

included as well), relevant charts, and other graphics for illustrative purposes

(including visualizations of disaster risk assessments).

Methodology – discuss, in detail, the consultant’s process for completing each of

the primary components of the report, including historic preservation and

disaster management overview, risk assessment overview, case studies, and

policy templates.

Outreach Results – discuss, in detail, the groups of stakeholders engaged,

overview of the questions and input sought from stakeholders, a synthesis and

overview of responses provided by stakeholders, description of how stakeholder

input was incorporated into the document’s guidance for local governments.

Conclusion and Lessons Learned – review the topics discussed and provide

conclusions and primary lessons related to how local governments can better

integrate historic preservation and disaster management planning.

Sources and Bibliography – a list of all sources consulted.

2) Draft Publication Document - must include draft text as well as draft visuals

(relevant maps, contemporary and historic photographs (must include disaster

photographs from Hurricane Irma, other disasters may be included as well),

relevant charts, and other graphics for illustrative purposes (including

visualizations of disaster risk assessments). The Draft Publication Document must

be formatted for printing and public distribution (Refer to in the 2006 document,

“Disaster Planning for Florida’s Historic Properties,” as well as similar guidance

available in the region, for example of desired presentation and formatting.) The

Draft Publication Document must include sections addressing the following topics,


must should include additional sections as identified by the consultant to focus on

specific topics:

Cover Page, Table of Contents, Introduction

Historic Preservation Process Overview

Disaster Management Process Overview

Local Government Risk Assessment Methodology

Case Studies

Policy Templates

Sources and Bibliography

2. Draft Submission for State Government is intended for use by state government

agencies. This report should be primarily technical in nature and must include the

following:

Title Page – author(s), organization affiliation, address and telephone number,



number, reference DRAFT - The Florida State Government Guide to Historic


Abstract/summary – provide a brief synopsis of the project, purpose or/need for



recommendations.

Visuals – include relevant maps, contemporary and historic photographs (must




Methodology – discuss, in detail, the consultant’s process for completing each of

the primary components of the report.

Outreach Results – discuss, in detail, the groups of stakeholders engaged,




Statewide Historic Property Disaster Risk Assessment– detail the results of the

consultant’s analysis of state-wide risk assessment for historic properties. Detail

risk to specific historic property types and detail the risk posed by hurricanes and

flooding events specifically, other disaster types by be addressed as well.

Historic Preservation Process Overview and Enhancements – provide a detailed

review of best practices for historic preservation at the state agency level to better

incorporate disaster management into historic preservation policy.

Disaster Management Process Overview and Enhancements – provide a detailed

review of best practices for disaster management at the state level agency to

better incorporate historic preservation into disaster management policy.

Policy Templates – include a module for inclusion in Florida Comprehensive

Historic Preservation Plan and a module for the State Hazard Mitigation Plan

Sources and Bibliography – a list of all sources consulted.


D. Final Deliverables - should include documents prepared for immediate digital access and

limited hard copies for review as well as formatted (Microsoft Publisher or Adobe InDesign)

files for printing under a separate contract. Final Deliverables must be submitted by

September 1, 2021.

1. The Final Deliverable for Local Government must include:

a) Final Method Report

Final Method Report is intended to provide background and reference

information for the Division and must incorporate comments provided by the

Division for the Draft Method Report.

The Final Method Report must include the following:

1) Title Page – author(s), organization affiliation, address and telephone

number, agency/client name (“Division of Historical Resources, Florida

Department of State”), agency/client address and telephone number, report

date, contract number, reference DRAFT - The Florida Local Government

Guide to Historic Preservation and Disaster Management, and report date.

2) Abstract/summary – provide a brief synopsis of the project, purpose or/need

for the project, context of historic preservation and disaster management

policy in Florida, overview of risk assessment methodology, and summary of

recommendations.

3) Visuals – include relevant maps, contemporary and historic photographs

(must include disaster photographs from Hurricane Irma, other disasters may

be included as well), relevant charts, and other graphics for illustrative

purposes (including visualizations of disaster risk assessments).

4) Methodology – discuss, in detail, the consultant’s process for completing

each of the primary components of the report, including historic preservation

and disaster management overview, risk assessment overview, case studies,

and policy templates.

5) Outreach Results – discuss, in detail, the groups of stakeholders engaged,

overview of the questions and input sought from stakeholders, a synthesis

and overview of responses provided by stakeholders, description of how

stakeholder input was incorporated into the document’s guidance for local

governments.

6) Conclusion and Lessons Learned – review the topics discussed and provide

conclusions and primary lessons related to how local governments can better

integrate historic preservation and disaster management planning.

7) Sources and Bibliography – a list of all sources consulted.

b) Final Publication Document

Final Publication Document must incorporate the comments provided by the

Division for the Draft Publication Document. The Final Publication Document

must include final text as well as final visuals (relevant maps, contemporary and

historic photographs (must include disaster photographs from Hurricane Irma,

other disasters may be included as well), relevant charts, and other graphics for

illustrative purposes (including visualizations of disaster risk assessments).


The final publication document must include the following disclaimer:

This material was produced with assistance from the Emergency Supplemental

Historic Preservation Fund, administered by the National Park Service,

Department of the Interior. Any opinions, findings, and conclusions or

recommendations expressed in this material are those of the author(s) and do

not necessarily reflect the views of the Department of the Interior.

The Final Publication Document must include sections addressing the

following topics, must include additional sections as identified by the consultant

to focus on specific topics:

1) Cover Page, Table of Contents, Introduction

2) Historic Preservation Process Overview

3) Disaster Management Process Overview

4) Local Government Risk Assessment Methodology

5) Case Studies

6) Policy Templates

7) Sources and Bibliography

2. The Final Deliverable for State Government must include the following:

a) Title Page – author(s), organization affiliation, address and telephone number,



number, reference DRAFT - The Florida State Government Guide to Historic


b) Abstract/summary – provide a brief synopsis of the project, purpose or/need for



recommendations.

c) Visuals – include relevant maps, contemporary and historic photographs (must




d) Methodology – discuss, in detail, the consultant’s process for completing each of

the primary components of the report.

e) Outreach Results – discuss, in detail, the groups of stakeholders engaged,




f) Statewide Historic Property Disaster Risk Assessment– detail the results of the

consultant’s analysis of state-wide risk assessment for historic properties. Detail

risk to specific historic property types and detail the risk posed by hurricanes and

flooding events specifically, other disaster types by be addressed as well.

g) Historic Preservation Process Overview and Enhancements – provide a detailed

review of best practices for historic preservation at the state agency level to better

incorporate disaster management into historic preservation policy.

h) Disaster Management Process Overview and Enhancements – provide a detailed

review of best practices for disaster management at the state level agency to

better incorporate historic preservation into disaster management policy.


i) Policy Templates – include a module for inclusion in Florida Comprehensive

Historic Preservation Plan and a module for the State Hazard Mitigation Plan

j) Sources and Bibliography – a list of all sources consulted.

3. Webinar Series for local government should include a minimum of four (4) public

webinars targeting local governments and community organizations. The purpose of the

Webinar Series is to provide DHR with presentations and guidance to directly

disseminate to local governments, state agencies, and community groups. The Webinar

Series must include the following:

a) Four (4) webinars each focusing on a different topic, which should include but

may not be limited to:

1) Ways for local governments to integrate historic preservation practices

into disaster management planning.

2) Ways for state agencies to integrate historic preservation practices into

disaster management planning.

3) Statewide historic property disaster risk assessment – types of risks and

their affects to historic properties.

b) Lesson plans for each webinar for DHR staff to present material

c) Associated digital handouts and materials

d) Associated visuals, including photographs, digital images, and graphs

E. Deliverable Schedule and Financial Consequences

Deliverable No. 1 – Kickoff Meeting

Performance Measures Financial Consequences

The Respondent shall meet with the Division at an in-person Kickoff Meeting within the first 30 days of the contract period.

1% of deliverable amount will be deducted from the

payment for each day the deliverable is late.

Deliverable No. 2 – Research Design


The Respondent shall provide one (1) electronic and one (1) hard copy of the Research Design in Accordance with Attachment B, Scope of Work within the first 60 days of the contract period.



Deliverable No. 3 – Draft Document


The Respondent shall provide one (1) hard copy of each Draft Document in accordance with Attachment B, Scope of Work by June 30, 2021.



Deliverable No. 4 – Final Document


The Respondent shall provide one (1) electronic and one (1) hard copy of each Final Document text, images, figures for the publication and printing of the guidance document (graphic design and printing under separate contract) in accordance with Attachment B, Scope of Work by September 1, 2021.




Deliverable No. 5 - Webinar Series


The Respondent shall provide one (1) electronic version of the webinar series, including lesson plans, electronic presentations, and supporting handouts in accordance with Attachment B, Scope of Work by September 1, 2021.



Respondent shall maintain documentation to evidence completion of tasks related to each

deliverable.



ATTACHMENT B

STATEMENT OF WORK/SPECIFICATIONS AND REQUIREMENTS

PROJECT 2 – DISASTER MITIGATION AND RECOVERY GUIDANCE FOR FLORIDA’S

HISTORIC PROPERTIES

1. OVERVIEW

Hurricane Irma directly affected numerous historic properties in Florida and many of the

state’s historic properties are vulnerable to future hurricanes and other natural disasters.

This project is intended to provide thorough, current, and accessible guidance for “bricks

and mortar” disaster mitigation and recovery guidance for historic properties. Furthermore,

this project should substantially expand upon the existing guidance provided by our office in

the 2008 document, “Disaster Mitigation for Historic Structures: Protection Strategies,” as

well as similar guidance available in the region.

Outreach to the public, local governments, regional planning councils, and state agency

stakeholders is an important aspect of this project. Initial outreach efforts should focus on

ensuring the document addresses common questions, concerns, and issues faced by

property owners and governments. In addition to outreach, the project should include

extensive research of current disaster mitigation and recovery methods.

The document should identify and describe vulnerabilities of specific components of historic

properties, such as windows, foundations, etc. The document should identify and describe

vulnerabilities of specific types of historic property construction, such as masonry, wood

frame, etc. Guidance should address specific disaster situations, such as hurricanes,

flooding, etc.

The document should provide guidance and best practices for both disaster mitigation and

disaster recovery. Disaster mitigation guidance and best practices should provide detailed

options for steps property owners and manager can take prior to a disaster to ensure that

their property is as prepared as possible. Disaster recovery guidance and best practices

should provide detailed options for steps property owners and manager can take follow a

disaster to ensure that damages historic properties are stabilized, further damage is

prevented, and repair and rehabilitation efforts maintain historic character and integrity. In

particular, the document should provide a checklist and recommended activities for the days

and weeks following a disaster event. This guidance should address measures that will

assist property owners in stabilizing their properties and preventing further long term

damage resulting from the disaster event. Disaster mitigation and recovery guidance should

be consistent with the current version of the Florida Building Code as well as the Secretary

of the Interior’s Guidelines for Historic Preservation.

The document should specifically address flood mitigation related to storm events, but also

discuss mitigation measures for “sunny day” flooding and the potential for increased flooding

related to sea level rise. Historic property elevation best practices should also be addressed

as well as the potential for elevation projects to negatively affect historic property eligibility

for the National Register of Historic Places.


The document should include practical case study examples demonstrating a range of

mitigation and recovery projects. This should include examples directly related to Hurricane

Irma mitigation and recovery as well as other disaster situations in Florida. The purpose is to

provide a holistic view of disaster mitigation and recovery efforts around the state and

demonstrate how these activities contributed to preserving historic properties.

Following development of guidance, outreach through a series of workshops and webinars

will ensure that the information is accessible for end users. Workshops and webinars should

target geographically diverse areas and focus on reaching different types of users.

2. BACKGROUND Funding for this project is provided by the National Park Service (NPS) pursuant to the

Hurricane Harvey, Irma, and Maria (HIM) Emergency Supplemental Historic Preservation

Fund (ESHPF) Grant Program. Public Law 115-123 appropriated $50 million from the

Historic Preservation Fund (HPF) for historic preservation projects providing relief for

damages in areas that have received a major disaster declaration pursuant to the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 USC 5121 et seq.) as a result of

Hurricanes Harvey, Irma, and Maria which occurred in 2017. The HPF uses revenue from

federal oil leases on the Outer Continental Shelf, providing assistance for a broad range of

preservation projects without expending tax dollars.

The NPS awarded the Division of Historical Resources, Florida’s State Historic Preservation

Office (SHPO), $5,932,724 from the ESHPF, of which a portion will be applied to developing

disaster mitigation and recovery guidance resources for historic properties.

3. GOALS AND OBJECTIVES The Division’s primary goal for this project is to provide thorough, current, and accessible

guidance for “bricks and mortar” disaster mitigation and recovery guidance for historic

properties to use by property owners and property managers. In particular, the solution

will consist of an in-depth guidance document meant to:

Enable property owners and property managers to become more proactive and less

reactive regarding disaster mitigation best practices and measures for historic

properties.

Enable property owners and manager to have clear guidance for steps to take following

a disaster to stabilize properties, prevent further damage, and ensure repair and

rehabilitation efforts protect historic character and integrity.

Identify specific risk reduction measures that provide maximum protection while

preserving historic character and integrity to the greatest extent possible.

Support the economic viability of historic properties through disaster mitigation and

recovery measures by providing clear and practical guidance allowing a return to normal

operations and use of historic properties as soon as possible.

The selected vendor will solicit and incorporate input from relevant state agencies, local

governments, and the general public as well as stakeholders and experts in the fields of

historic preservation and disaster management, and the final product will:




Address mitigation and recovery measures and best practices for a wide range of

disaster situations.

Specifically address mitigation and recovery measures and best practices for flooding,

including “sunny day” flooding and the potential for increased flooding due to sea level

rise.

Provide guidance and best practices for historic property elevation while also

acknowledging the potential adverse effects elevation may have on historic properties.

Provide specific examples related to Hurricane Irma, as well as other recent hurricanes

to impact Florida.

Provide case study examples demonstrating a range of disaster situations and mitigation

and recovery projects across the state.

Offer best practices and measures applicable for both rural and urban historic properties

and communities.

The vendor will conduct extensive outreach efforts to share new guidance and resources

with end users across the state.

4. SCOPE OF WORK

Details of the Scope of Work include:

A. Research Design:

Prior to submitting the Research Design, the consultant shall meet with the Division

at the in-person Kickoff Meeting to discuss the project and refine specific areas that

need to be addressed by the project. The consultant shall then develop a detailed

Research Design for the project and submit to the Division for review and approval

prior to beginning research or outreach efforts. The Division will review and comment

of the submitted Research Design to provide the consultant with further input and

direction. The Research Design will detail the consultant’s approach to gathering and

synthesizing the information and data necessary to complete each component of the

project and must include detailed sections addressing Background Research,

Outreach Strategy, Project Design, and Timeline.

1. Background Research section must address the following areas, but may

address other research areas as necessary:

General Research: A brief annotated bibliography of primary and secondary

sources relevant to the study of disaster management and historic

preservation policy, disaster mitigation and recovery, disaster effects on

historic properties, and related topics.

Federal, State, and Local Policy Review: Describe the existing government

laws, regulations, procedures, policies, and guidance relevant to this study. In

particular, evaluate government resources available to assist property owners

pursue mitigation and recovery options.

2. Outreach Strategy must detail the consultant’s approach for soliciting input from

various stakeholders including state and local government, the public, and other

relevant stakeholders and experts as identified by the consultant. In particular,

the Outreach Strategy should address the following:


A list of anticipated stakeholders.

The key questions and areas of input the consultant will seek from

stakeholders. Explanation of the consultant’s questions and input sought from

stakeholders.

Description of the consultant’s approach for incorporating stakeholder input

into guidance.

Include how they will market/recruit stakeholders.

3. Project Design must provide a detailed overview of the consultant’s approach to

addressing the following primary topics:

historic property vulnerabilities

disaster mitigation measures and best practices

disaster recovery measures and best practices

flooding best practices and measures

historic property elevation guidance

case study approach

programs and resources for assisting property owners

other related resources.

4. Timeline should provide a detailed week-by-week schedule of the consultant’s

planned work over the contract period.

B. Progress Reports

1. Intermediate Progress Reports. The consultant shall submit two intermediate

progress reports documenting overall progress made throughout the project

term. Reports should be submitted to the Division by the deadlines specified

below in the completion schedule. The intermediate reports must include the

following:

Name of the project

Period of report and report deadline date

Consultant contact person, firm name, and contact telephone number

Work accomplishments during the period of performance as well as

difficulties encountered and reasons for delay if applicable.

One (1) electronic and one (1) hard copy of each progress report.

Summary of research, draft guidance, draft outreach documents, and sample

photographs completed to date should be provided as attachments. Any

stakeholder engagement efforts should also be described.

2. Final Progress Report. The final progress report is due at the conclusion of the

project and must have attached all required reports and other required

documentation completed in accordance with the requirements described herein

and in the various Florida State Historic Preservation Office guidance documents

referenced herein. The final report must include a narrative of the work

accomplished versus work planned and contain a detailed statement of all

expenditures related to the survey projects.


C. Draft Deliverables

1. Draft Publication Document must include draft text as well as draft visuals

(relevant maps, contemporary and historic photographs (must include disaster

photographs from Hurricane Irma, other disasters may be included as well),

photographs/illustrations of discussed Historic property types and historic

property features, photographs/illustrations of treatment measures, relevant

charts and diagrams, and other graphics for illustrative purposes. The Draft

Publication Document must be formatted for printing and public distribution

(Refer to in the 2008 document, “Disaster Mitigation for Historic Structures:

Protection Strategies,” as well as similar guidance available in the region, for

example of desired presentation and formatting.) The draft document must be

submitted by June 30, 2021.

Draft Publication Document must include sections addressing the following

topics and must include additional sections as identified by the consultant to

focus on specific topics:

Cover Page, Table of Contents, Introduction

Historic Preservation Process Overview

Disaster Management Process Overview

Roles of federal, state, and local government as well as property

owners and other stakeholders

Florida Building Code, FEMA guidelines, and related regulatory

aspects

Historic property vulnerability

Disaster mitigation measures and best practices

Disaster recovery measures and best practices

Flooding related measures and best practices

Historic property elevation guidance

Case Studies

Additional resources and information

Sources and Bibliography

D. Final Deliverables

1. Final Publication Document must incorporate the comments provided by the

Division for the Draft Publication Document. The Final Publication Document

must include final text as well as final visuals (relevant maps, contemporary and

historic photographs (must include disaster photographs from Hurricane Irma,

other disasters may be included as well), photographs/illustrations of discussed

Historic property types and historic property features, photographs/illustrations of

treatment measures, relevant charts and diagrams, and other graphics for

illustrative purposes. The Draft Publication Document must be formatted for

printing and public distribution (Refer to in the 2008 document, “Disaster

Mitigation for Historic Structures: Protection Strategies,” as well as similar

guidance available in the region, for example of desired presentation and

formatting.) The final document must be submitted by September 1, 2021.

The final publication document must include the following disclaimer:


This material was produced with assistance from the Emergency Supplemental

Historic Preservation Fund, administered by the National Park Service,

Department of the Interior. Any opinions, findings, and conclusions or

recommendations expressed in this material are those of the author(s) and do

not necessarily reflect the views of the Department of the Interior.

Final Publication Document must include sections addressing the following

topics and must include additional sections as identified by the consultant to focus

on specific topics:

a) Cover Page, Table of Contents, Introduction

b) Historic Preservation Process Overview

c) Disaster Management Process Overview

d) Roles of federal, state, and local government as well as property

owners and other stakeholders

e) Florida Building Code, FEMA guidelines, and related regulatory

aspects

f) Historic property vulnerability

g) Disaster mitigation measures and best practices

h) Disaster recovery measures and best practices

i) Flooding related measures and best practices

j) Historic property elevation guidance

k) Case Studies

l) Additional resources and information

m) Sources and Bibliography

E. Webinar Series for local government should include a minimum of four (4) public

webinars targeting local governments and community organizations. The purpose of

the Webinar Series is to provide DHR with presentations and guidance to directly

disseminate to local governments, state agencies, and community groups. The

Webinar Series must include the following:

1. Four (4) webinars each focusing on a different topic, which should include but

may not be limited to:

Ways for local governments to integrate historic preservation

practices into disaster management planning.

Ways for state agencies to integrate historic preservation practices

into disaster management planning.

Statewide historic property disaster risk assessment – types of risks

and their affects to historic properties.

2. Lesson plans for each webinar for DHR staff to present material

3. Associated digital handouts and materials

4. Associated visuals, including photographs, digital images, and graphs

F. Deliverable Schedule and Financial Consequences



The Respondent shall meet with the Division at an in-person Kickoff Meeting within the first 30 days of the contract period.






The Respondent shall provide one (1) electronic and one (1) hard copy of the Research Design in Accordance with Attachment B, Scope of Work within the first 60 days of the contract period.





The Respondent shall provide one (1) electronic and one (1) hard copy of the Draft Document in accordance with the Attachment B, Scope of Work, Project 2 – Mitigation and Recovery Document by June 30, 2021.





The Respondent shall provide one (1) electronic and one (1) hard copy of the final document text, images, figures for the publication and printing of the guidance document (graphic design and printing under separate contract) in accordance with the Attachment B, Scope of Work, Project 2 – Mitigation and Recovery Document by September 1, 2021.

5% of deliverable amount will be deducted from the payment for each day the deliverable is late.

Deliverable No. 5 – Webinar Series


The Respondent shall provide one (1) electronic version of the webinar series, including lesson plans, electronic presentations, and supporting handouts in accordance with the Attachment B, Scope of Work, Project 2 – Mitigation and Recovery Document by September 1, 2021.

1% of deliverable amount will be deducted from the payment for each day the deliverable is late.

Respondent shall maintain documentation to evidence completion of tasks related to each

deliverable.



ATTACHMENT C - PRICE PROPOSAL SHEET

CONSULTANT SERVICES FOR DISASTER RISK, MITIGATION AND RECOVERY GUIDENCE

The price must include all services, material and labor necessary to complete the services

detailed in this RFP.

PROJECT 1 – RISK ASSESSMENT AND DISASTER PLANNING FOR LOCAL

GOVERNMENTS AND STATE AGENCIES

TOTAL COST $____________________

PROJECT 2 – DISASTER MITIGATION AND RECOVERY GUIDANCE FOR

FLORIDA’S HISTORIC PROPERTIES

TOTAL COST $____________________

Respondents may provide Optional Services to be considered throughout the base term of this Contract or extensions. Additional offerings are fixed prices and are only available for increase during any Contract or extension. Respondents should include options asked for, as well as any additional offerings, to this Price Table B or expand the table via an attachment to this Price Proposal Sheet if additional space is needed. The pricing for Optional Services will not be included for scoring of the Price Proposal Sheet.

PROJECT 1 - RISK ASSESSMENT AND DISASTER PLANNING FOR LOCAL GOVERNMENTS AND STATE AGENCIES

Description Costs







PROJECT 2 - DISASTER MITIGATION AND RECOVERY GUIDANCE FOR FLORIDA’S HISTORIC PROPERTIES

Description Costs






BY AFFIXING MY SIGNATURE, I AM CONFIRMING THAT I HAVE READ AND

UNDERSTAND THE TERMS AND CONDITIONS OF THIS RFP, AND THAT I AM THE

INDIVIDUAL AUTHORIZED TO BIND MY FIRM/ORGANIZATION TO THE SAME TERMS

AND CONDTIONS OF THIS RFP AND THE PRICING OFFERED HEREIN.

Respondent: _______________________________________________________________

Address: ___________________________________________________________________

City: _________________ State: _____________ Zip Code: __________________________

Telephone: __________________________ FEID #: _________________________________

______________________________________ __________________________________

Authorized Signature Date

____________________________________________________________________________

Printed Name and Title


FORM 1 – MANDATORY RESPONSIVENESS REQUIREMENTS

SOLICITATION REFERENCE

MANDATORY RESPONSE

5.1.1 The Respondent certifies the person submitting the Proposal and its pricing is authorized to respond to this solicitation on the Respondent's behalf.

5.1.2 The Respondent certifies that the Respondent will accept the Contract terms and conditions as stated herein, without qualification or exception.

5.1.3 The Respondent certifies the it is not a Discriminatory Vendor or Convicted Vendor as defined in sections 7 and 8 of the PUR 1001 form.

5.1.4 The Respondent certifies the it is in compliance with section 9 of the PUR 1001 form.

5.1.5 The Respondent certifies it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.

5.1.6 The Respondent has provided proof of Articles of Incorporation.

5.1.7 The Respondent has submitted the required documentation as specified in Section 4 of this RFP.

The signature below certifies that the signatory has the authority to respond to this solicitation on the Respondent’s behalf, and certifies conformance with all Mandatory Responses listed above.

Name of Respondent’s Organization Printed Name of Organization’s Authorized Representative Signature of Organization’s Authorized Representative Date


FORM 2 – CONTACT INFORMATION

For solicitation purposes, the Respondent’s For contractual purposes, should the

Contact person shall be: Respondent be awarded, the contact

persons shall be (if this column is blank, the

contact person for solicitation purposes

shall be the contact person for contractual

purposes):

Name:_________________________________

Title:___________________________________

Company

Name:__________________________________

Address:________________________________

Telephone:______________________________

Facsimile:_______________________________

E-mail:__________________________________

The signature below certifies that the information above is complete and correct at the time of

signing.

Name of Respondent’s Organization

Printed Name of Organization’s Authorized Representative

Signature of Organization’s Authorized Representative

Date


FORM 3 – PAST PERFORMANCE AND EXPERIENCE – CLIENT REFERENCES

In the spaces provided below, the Respondent is to list all business names under which it has operated during the past three (3) years, if different from its current business name. Mark N/A, if the business name has not changed within the past three (3) years.

On page 2 of this attachment, the Respondent is to provide the information for three (3) separate, client references. At least two (2) references should be able to verify the Respondent meets the minimum experience requirement set forth in Section 4 of the RFP. The Respondent should pay close attention to the experience requirement and select references who can verify that the requirement has been met. The Respondent is to indicate which reference(s) can verify the minimum experience requirement established by entering Yes or No at the bottom of the form.



Respondent Name: _______________________________________________________________ Respondents are required to submit with their Proposal, three (3) references that have been provided services of a similar size and parameters of those requested in this solicitation. The Department reserves the right to contact any and all references in the course of this solicitation evaluation and make a fitness determination, not subject to review or challenge.

1) Name of Organization:

Contact Person:

Phone Number:

Address:

Email Address:

Description of Project:


Contact Person:

Phone Number:

Address:

Email Address:



Contact Person:

Phone Number:

Address:

Email Address:



FORM 4 – SUBCONTRACTING

The Respondent is to complete the information below for all subcontractors that will provide services to the Respondent to meet the requirements of the resultant contract, should the Respondent be awarded.

Submission of this form does not indicate the Department’s approval, but provides the Department with information on proposed subcontractors for review.

Submit a separate sheet for each subcontractor.

Section 1. There will be subcontractors for this solicitation YES _____ NO _____ (place a check where applicable). If “No”, the Respondent is not required to complete Sections 2 and 3.

Section 2.

Service(s):

Company Name:

Contact:

Address:

Telephone:

Fax:

Current Registered as Certified Minority Business Enterprise (CMBE) or Women-Owned Business (WBE)? Yes ☐ No ☐ Occupation License No.: ______________________________ Acknowledgement from Respondent this subcontractor has successfully complied with the “Subcontractor Acceptance Process”. Yes ☐ No ☐ W – 9 Verification? Yes ☐ No ☐ Section 3. In a job description format, on the back of this page, list the responsibilities and duties of the subcontractor based on the technical specifications outlined in this solicitation. Section 4. The signature below certifies the accuracy of the subcontractors and their duties should the Respondent be awarded a contract resulting from this solicitation.

Name of Respondent’s Organization Printed Name of Organization’s Authorized Representative Signature of Organization’s Authorized Representative Date


FORM 5 – DRUG FREE WORKPLACE CERTIFICATION

IDENTICAL TIE PROPOSALS – Preference will be given to businesses with drug free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and services are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug free workplace program will be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied Respondents have a drug free workplace program. In order to have a drug free workplace program, a business must:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, business’s policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties, that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under the scope of this proposal a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under the scope of this proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements OR by checking the box below, I attest that the organization does not fully comply with the described criteria for a drug free workplace. The organization does not meet the described criteria for a drug free workplace.



Signature of Organization’s Authorized Representative Date


FORM 6 – CONFLICT OF INTEREST DISCLOSURE

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Vendors must disclose with their responses whether any officer, director, employee or agent is also an officer or an employee of the Florida Department of State, the State of Florida, or any of its Agencies. All firms must disclose the name of any state officer or employee who owns, directly or indirectly, an interest of more than five percent in the Vendor’s firm or any of its branches o r affiliates. All Vendors must also disclose the name of any previous employee(s) of the Department who has received or will receive compensation of any kind to seek to influence the actions o f the Department in connection with this procurement.

The following persons are officers, directors, employees, or agents of Vendor’s firm and state officers or employees: The following persons are state officers or employees who own, directly or indirectly, more than

a 5%interest in t h e Vendor’s firm: The following previous employee(s) of DOS have sought to influence DOS in this procurement on behalf of the Vendor:

The Vendor has no interest to disclose and has had no person seeking to influence DOS in connection

with this procurement. The signature below certifies that all persons with a potential conflict of interest, as defined by Chapter 112, Florida Statutes, have been identified above. Name of Respondent’s Organization


Signature of Organization’s Authorized Representative Date


FORM 7 – NON-COLLUSION AFFIDAVIT

STATE OF COUNTY OF

I state that I of ,

(Name and Title) (Name of Organization)

am authorized to make this affidavit on behalf of my organization and its owner, directors and

officers. I am the person responsible in my organization for the price(s) and amount(s) of this Reply,

and the preparation of the Reply. I state that:

1. The price(s) and amount(s) of this Reply have been arrived at independently and without

consultation, communication or agreement with any other Provider, potential Provider,

Offerer/Respondent, or potential Offerer/Respondent.

2. Neither the price(s) nor the amount(s) of this Reply, and neither the approximate price(s) nor

approximate amount(s) in this Reply, have been disclosed to any other organization or person

who is a Provider, potential Provider, Offerer/Respondent, or potential Offer/Respondent, and

they will not be disclosed before the Reply opening.

3. No attempt has been made or will be made to induce any organizations or persons to refrain

from submitting a Reply for this contract, or to submit a price(s) higher that the prices in this

Reply, or to submit any intentionally high or noncompetitive price(s) or other form of

complementary Reply.

4. The Reply from my Organization is made in good faith and not pursuant to any agreement

or discussion with, or inducement from, any firm or person to submit a complementary or other

noncompetitive Reply.

5. ___________ _____ , its affiliates, subsidiaries, officers, director, and employees (Name of Organization)

are not currently under investigation, by any governmental agency and have not in the last three

years been convicted or found liable for any act prohibited by state or federal law in any

jurisdiction, involving conspiracy or collusion with respect to Offer, on any public contract,

except as follows:

I state that I and the named Organization understand and acknowledge that the above

representations are material and important, and will be relied on by the State of Florida for which this

Reply is submitted. I understand and my firm understands that any misstatement in this affidavit is, and

shall be treated as, fraudulent concealment from the State of Florida of the true facts relating to the

submission of Replies for this contract. Dated this day of , 2020

Name of Organization

Signed by:

Print Name

Being duly sworn deposes and says that the information herein is true and sufficiently complete so

as not to be misleading. Subscribed and sworn before me this day of ____________2020.

Notary Public:

My Commission Expires:


FORM 8 – STATEMENT OF NO INVOLVEMENT

I, as an authorized representative of the Respondent, certify that nothing in section 287.057(17)(c), Florida Statutes (below), prohibits the Respondent’s entry into any Contract resulting from this solicitation.

287.057 Procurement of Commodities and Contractual Services

(17)(c) A person who receives a contract that has not been procured pursuant to subsections (1)-(3) [of s. 287.057, F.S.] to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.

The signature below certifies that nothing in section 287.057(17)(c), Florida Statutes (above), prohibits the Respondent’s entry into any Contract resulting from this solicitation..




Date


FORM 9 – SECURITY ACKNOWLEDGEMENT

The signing of this document, by an authorized representative of the Respondent’s organization, certifies the Respondent has reviewed and understands the security requirements of Florida Administrative Code 74-1 as well as the security requirements outlined in DOS-20/21-015; Consultant Services for Disaster Risk, Mitigation and Recovery Guidance.

I further certify that, if selected as the successful Respondent for the Contract resulting from this RFP, this company will, at a minimum, comply with the security standards as outlined in the above paragraph.




Date


FORM 10 – NON-DISCLOSURE AGREEMENT

THIS AGREEMENT is made and entered into as of by and between the Florida Department of State (the "Disclosing Party"), located in the R.A. Gray Building, 500 S Bronough St, Tallahassee, FL 32399 and _____ _____ ___, representing (company name) _ ___________ _

(the "Recipient" or "Receiving Party"), located at) __________

WHEREAS, Disclosing Party may deem it necessary to disclose or share certain security sensitive information with the Recipient that is exempt from disclosure under Florida law.

WHEREFORE, the Parties agree to enter into this Agreement with respect to the disclosure and management of Confidential Information and other information as follows:

Confidential Information

For all intents and purposes of this Agreement, "Confidential Information" shall mean and include any data or information that is exempt or confidential and exempt from disclosure under Florida’s public records laws, including but not limited to sections 119.071(3)(a), 281.301(1),

282.318(4)(d), 282.318(4)(e), and 282.318(4)(f), Florida Statutes. These exemptions include records that is deemed personal identifiable, may identify a security weakness/vulnerability in the application, network, hardware, operating system, and/or processes, or other sensitive information provided by or discussed with the Disclosing Party and that which is not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to, 1.) financial information, business plans, performance results which may be related to the past, present and/or future operations of said party, its Divisions and Bureaus; 2.) plans for products or services; 3.) any technical or data information process, procedure, formula, improvement, technology or method; 4.) any concepts, reports, data, knowledge, works-in- progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets, trademarks and copyrights; and 5.) any other information that should reasonably be recognized as confidential information of the Disclosing Party. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. The Receiving Party acknowledges that the Confidential Information is proprietary to the Disclosing Party, has been developed and obtained through great efforts by the Disclosing Party and, as such, the Disclosing Party regards all of its Confidential Information as trade secrets.

Confidential Information Disclosure

The Disclosing Party may deem it necessary, from time to time, to disclose or make available to the Receiving Party Confidential Information. It shall then become the responsibility of the Receiving Party to: 1.) limit the disclosure of any Confidential Information belonging to the Disclosing Party to the Receiving Party's directors, officers, employees, agents or representatives (collectively herein referred to as "Representatives") who have a need to know such Confidential Information in connection with the current or contemplated business relationship between the parties to which this Agreement relates, and only for that purpose; 2.) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth herein this Agreement and require such Representatives to keep the Confidential Information confidential; 3.) shall keep all Confidential Information strictly confidential by way of exercising a reasonable degree of care, but not less than the degree of care that the Receiving Party would exercise in safeguarding their own confidential information; and 4.) not disclose any Confidential Information received to any third parties, unless otherwise provided for herein this Agreement.

Therefore, each party shall be responsible for any breach of this Agreement by any of their respective Representatives.


Confidential Information Usage

The Receiving Party herein agrees to make use of the Confidential Information solely for the purpose and in connection with the current or contemplated business relationship between both parties and not for any purpose other than that which has been stipulated and contained herein this Agreement, unless otherwise authorized by prior written consent by an authorized representative of the Disclosing Party. There shall be no other right or license, whether expressed or implied, in the Confidential Information granted to the Receiving Party hereunder. Ownership and title to the Confidential Information shall remain solely with the Disclosing Party, any and all use of the Confidential Information by the Receiving Party shall be solely for the benefit of the Disclosing Party, and any type or manner of improvements or modifications thereof by the Receiving Party shall remain the sole property of the Disclosing Party. There shall be nothing herein contained that would be intended to modify the parties' existing agreement that the parties' discussions in furtherance of a potential business relationship shall herein be governed by Federal Rule of Evidence 408 – Compromise Offers and Negotiations.

Securing Confidential Information

Receiving Party shall abide by the following procedures in handling the Disclosing Party’s

Confidential Information:

a. Upon receipt of the data, the Receiving Party will password protect the Confidential Information.

b. Receiving Party’s employees needing access to the Disclosing Party’s Confidential Information will be informed that:

i. they are not to share the password or the Disclosing Party’s Confidential Information with any unauthorized person;

ii. at the end of the solicitation process they will delete the Disclosing Party’s Confidential Information from any laptop, desktop or any other electronic shared system under their control and destroy any paper copies of such Confidential Information; and

iii. they must confirm to the Receiving Party that they have so deleted or destroyed the Confidential Information.

c. Files and passwords will be provided separately to appropriate users

Term

The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in accordance with Florida’s Public Records laws shall remain in effect until all Confidential Information in the possession of the Receiving Party is returned to the Disclosing Party, destroyed, or no longer qualifies as exempt or confidential and exempt under Florida law, whichever occurs first.

No Warranty

All Confidential Information is provided by Disclosing Party "AS IS" and without any warranty, express, implied or otherwise, regarding the Confidential Information's completeness, accuracy or performance.

Remedies

Both parties to this Agreement acknowledge and agree that the Confidential Information hereunder this Agreement is of a unique and valuable nature, and that the unauthorized distribution or broadcasting of the Confidential Information could have the potential to destroy and, at the very least, diminish the value of such information. The damages that the Disclosing Party could sustain as a direct result of the unauthorized dissemination of the Confidential Information would be impossible to calculate. Therefore, both parties hereby agree that the Disclosing Party shall be entitled to claim injunctive relief that would prevent the dissemination of any Confidential Information that would be in violation of the terms set forth herein this Agreement. Any such injunctive relief provided shall be in addition to any other available remedies hereunder, whether at law or in equity. The Disclosing Party shall be entitled to recover any sustained costs and/or fees, including, but not limited to, any reasonable attorney's fees which may be incurred while attempting to obtain any such relief. Furthermore, in the event of any litigation which may be related to this Agreement, the prevailing party shall be entitled to recover any such reasonable attorney's fees and expenses incurred.


In the event the State suffers any losses, damages, liabilities, expenses, or costs (including by way of example only, attorney’s fees and disbursements) that are attributable, in whole or in part to any failure by the Receiving Party or any employee of the Receiving Party to comply with the requirements of this Agreement, Receiving Party shall hold harmless and indemnify the Disclosing Party and the State of Florida from and against any such losses, damages, liabilities, expenses and/or costs

Return of Confidential Information

No later than five (5) business days after the Disclosing Party’s notice of an intended award in connection with this solicitation or conclusion of any legal proceeding or protest regarding the procurement, the Receiving Party shall provide evidence of destruction or return and deliver to the Disclosing Party all tangible material and/or information representing or exemplifying the Confidential Information provided hereunder and all notes, summaries, memoranda, drawings, manuals, records, excerpts or derivative information deriving therefrom and all other documents, materials, notes or copies ("Notes") which may have been converted to any computerized media in the form of any image, data or word processing files either manually or by image capture or any other form of work product that may be based on or include any Confidential Information, in whatever form of storage or retrieval. Alternatively, the Receiving Party may immediately destroy (in the case of Notes, at the Receiving Party's sole discretion) any of the foregoing embodying Confidential Information (or the reasonably non-recoverable data erasure of computerized data) and, upon request, certify in writing such destruction by an authorized officer of the Receiving Party supervising the destruction of the material and or information.

Notice of Breach

The Receiving Party shall immediately notify the Disclosing Party upon discovering any unauthorized use or disclosure of Confidential Information by the Receiving Party or its Representatives, or any other breach of this Agreement by the Receiving Party or its Representatives, and will cooperate with any efforts by the Disclosing Party to assist the Disclosing Party to regain the possession of its Confidential Information and thus prevent its further unauthorized use.

No Legally Binding Agreement for Transaction

Both parties hereby agree that neither party shall be under any legal obligation of any kind whatsoever with respect to a Transaction by virtue of this Agreement, except for the matters specifically agreed to herein. The parties further acknowledge and agree that each party herein reserves the right, in their sole and absolute discretion, to reject any and/or all proposals and to terminate discussions and negotiations with respect to any Transaction at any time. This Agreement does not create or constitute a joint venture or partnership between the parties. In the event that a Transaction should go forward, the non-disclosure provisions of any applicable transaction documents entered into between the parties (or their respective affiliates) for the Transaction shall supersede this Agreement. Should and such provision not be provided or stipulated in said transaction documents, then this Agreement shall be the controlling instrument.

Warranty

Each party herein warrants that it has the right and authorization to make such disclosures under this Agreement. NO WARRANTIES ARE MADE BY EITHER PARTY UNDER THIS AGREEMENT WHATSOEVER. The parties acknowledge that although they shall each endeavor to include in the Confidential Information any and all information that they each believe relevant for the purpose of the evaluation of a Transaction, the parties understand that no representation or warranty as to the accuracy or completeness of the Confidential Information is being made by either party as the Disclosing Party. Furthermore, neither party is under any obligation contained within this Agreement to disclose any Confidential Information it chooses not to disclose. Neither party hereto shall have any liability to the other party, or to the other party's Representatives, resulting from any use of the Confidential Information except with respect to the disclosure of such Confidential Information in violation of this Agreement.

Governing Laws

The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Florida. In the event of litigation arising out of this Agreement, venue shall be in Leon County, Florida.


Waiver of Contractual Right

Any such failure by either party to enforce the other party's strict performance of any provision of this Agreement shall not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

Severability

Although the restrictions herein contained in this Agreement are considered by the parties to be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.

Notices

Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, emailed, or mailed by certified mail, return receipt requested, postage prepaid, in each case, to the aforementioned address of the other party, or any such other address or addressee as may be furnished by a party in accordance with this paragraph. All such notices or communication shall be deemed to have been given and received (i) in the case of personal delivery or email, on the date of said delivery, (ii) in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch, and (iii) in the case of mailing, on the seventh business day following such mailing.

Transfer or Assign

This Agreement is personal in nature, and neither party may directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of the other party, which consent shall not be unreasonably withheld. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees.

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof. This Agreement can only be modified by written amendment signed by the party against whom such enforcement is sought.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date the second party signs.

_________________ Printed Name of Recipient’s Authorized Representative

_________________ Signature of Recipient’s Authorized Representative

Date

_________________ Printed Name of Disclosing Party’s Authorized Representative

_________________ Signature of Disclosing Party’s Authorized Representative

Date


RECEIVING PARTY EMPLOYEES WHO WILL BE GIVEN ACCESS TO DOS CONFIDENTIAL

INFORMATION

Printed Name Address of Individual

Signature of Individual

Date


Request for Proposal...Request for Proposal Solicitation Acknowledgement Form Page 1 of 77 pages...

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