10-RFP-26-00364 Countywide Flood Forecasting System.pdf

Request for Proposals Countywide Flood Forecasting System

RFP-26-00364

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Competitive Sealed Proposals

SOLICITATION NUMBER: RFP-26-00364

SOLICITATION TITLE: Countywide Flood Forecasting System

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed proposals from experienced and qualified Contractors to provide an automated compound flood forecasting, impact analysis, and mapping system for Hillsborough County watersheds to determine flood inundation and infrastructure risk for a four (4)-year period.

DUE DATE & TIME: September 11, 2026, 2:00 P.M. Eastern Time as recorded by the County’s Electronic Bidding System)

ISSUING DEPARTMENT DIRECTOR:

The Director of Procurement is considered the issuing department director for the purpose of Section 2-567(c) of the Hillsborough County Procurement Protest Policy and Procedures Ordinance.

PROPOSAL SUBMISSION: The County will only accept proposals submitted through its electronic bidding system (Euna Procurement). Proposals that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed proposal process, proposals submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your proposal, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your proposal, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

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QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

● Questions regarding the specifications or solicitation document must be directed to Procurement Services using the “messages” section in Euna Procurement for this particular procurement.

● To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

● Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no proposer, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a proposer from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the proposer from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see RFP-26-XXXXX Insurance Requirements Attachment and Special Terms and Conditions.

SURETY (BONDS): Proposal, performance, and/or payment surety is not required for this procurement.

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

mailto:support.bonfire@eunasolutions.com https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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DIGITAL ACCESSIBILITY COMPLIANCE:

Any and all information and communications technology developed, provided, procured, maintained, or otherwise made available under this Contract and intended for public access or use, shall comply with various accessibility standards. Please see General Terms and Conditions for complete details and requirements.

INSTRUCTIONS TO PROPOSERS:

Please see Sections 1.5., 1.6., and 4. for various instructions for Proposers.

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed proposals from experienced and qualified Contractors to provide an automated compound flood forecasting, impact analysis, and mapping system for Hillsborough County watersheds for a four (4)-year period.

1.1.2 The flood forecasting system shall integrate current and forecasted rainfall, tides, storm surge, and other relevant data sources into dynamic forecasting models to determine flood inundation extents and potential impacts to infrastructure.

1.2. Applicable Publications and Terminology

The following publication(s) of the issue in effect on date of this solicitation, forms a part of this specification:

1.2.1 Hillsborough County WMMP EPA SWMM5 models:

https://mediaweb.hillsboroughcounty.org/Newsroom/Documents/Master%20Plan%20Updates/ Update%202017%20DEM/

1.2.2 FEMA National Flood Insurance Program Numerical Model requirements:

https://www.fema.gov/flood-maps/products-tools/numerical-models

1.2.3 Florida Professional Engineer License:

https://fbpe.org/licensure/licensure-process/

The following acronyms forms a part of this specification:

EPA Environmental Protection Agency FEMA Federal Emergency Management Agency NFIP FEMA National Flood Insurance Program SCADA Supervisory Control and Data Acquisition SWFWMD Southwest Florida Water Management District SWMM5 Storm Water Management Model, Version 5 USGS U.S. Geological Survey WMMP Watershed Management Master Plan API Application Programming Interface URL Uniform Resource Locator https://mediaweb.hillsboroughcounty.org/Newsroom/Documents/Master%20Plan%20Updates/Update%202017%20DEM/ https://mediaweb.hillsboroughcounty.org/Newsroom/Documents/Master%20Plan%20Updates/Update%202017%20DEM/ https://www.fema.gov/flood-maps/products-tools/numerical-models https://fbpe.org/licensure/licensure-process/

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1.3. Minimum Qualifications

1.3.1 The Proposer or principal thereof shall demonstrate recent and relevant experience in providing services substantially similar in scope and complexity to those required under this solicitation. Failure to demonstrate appropriate and verifiable experience is grounds for rejection.

As the customer, the County will have sole discretion in determining whether a proposer or principal thereof possesses adequate experience and capability.

1.3.2 The Proposer or principal there of shall, at the time of proposal submission and throughout the term of the resulting Contract, have a Project Manager assigned to the project who is a licensed Florida Professional Engineer. The County may ask for evidence for this licensure during evaluation or throughout the term of the Contract. Failure to demonstrate possession of this license is grounds for rejection and/or termination.

1.4. Minimum Requirements

1.4.1 The County prefers solutions utilizing open-source numeric modeling software; however, proprietary solutions will be considered. The County reserves the right to award higher scores for the utilization of open-source numeric modeling software. Proprietary numeric modeling software can earn the same points with source code escrow, comprehensive model documentation (e.g., governing equations, parameterization, validation datasets, etc.), and auditable APIs that enable independent verification. For this solicitation, “open‑source numerical modeling software” means software that uses source code that is publicly accessible and permits use, modification, redistribution without a fee, and the code repository URL(s) are provided and publicly accessible.

1.4.2 The system shall be a cloud-based platform that provides authorized users with secure, web-based access to system functionality and results.

1.4.3 The solution shall support access from commonly used internet-connected devices, including desktop computers, tablets, and smartphones.

1.4.4 The solution shall support compatibility with, at a minimum, Google Chrome, Microsoft Edge, and Mozilla Firefox web browsers.

1.4.5 Flood Forecasting Model

1.4.5.1 The system shall consist of a flood forecasting model that computes peak water surface elevations over the forecast duration and throughout Hillsborough County.

1.4.5.2 The system shall utilize the most current, approved Hillsborough County WMMP EPA SWMM5 models as the foundation for the flood forecasting model.

1.4.5.3 The flood forecasting model shall utilize numerical modeling software that meets applicable FEMA NFIP requirements and shall maintain, at a minimum, the level of detail and resolution provided in the County WMMP models.

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1.4.5.4 The flood forecasting model shall support generating flood forecasts with a minimum forecast horizon of 120 hours.

1.4.5.5 The flood forecasting model shall utilize hourly, or more frequent, rainfall and coastal tide forecast products, and other relevant datasets necessary to support accurate flood forecasting.

1.4.5.6 The flood forecasting model shall provide integrated compound flood analysis that evaluates the combined effects of coastal and riverine flood sources.

1.4.5.7 The flood forecasting model shall support the execution and completion of up to four

(4) forecast simulations within a rolling 24-hour period.

1.4.5.8 The flood forecasting model shall complete all forecast simulations, including post-processing and result generation, and make results available within six (6) hours of simulation initiation.

1.4.5.9 The Contractor shall execute, at a minimum, two (2) model verification simulations utilizing Hurricane Milton and Hurricane Helene scenarios and provide documentation, including a memorandum of model performance, results, and observations for the model.

1.4.5.10 The system shall integrate existing U.S. Geological Survey (USGS), Southwest Florida Water Management District (SWFWMD), and any County-provided Supervisory, Control, and Data Acquisition (SCADA) surface water level gauge datasets for initialization of model conditions and improved flood forecasting.

1.4.6 Current Conditions Flood Model

1.4.6.1 The system shall consist of a current conditions flood model that computes current or near-current water surface elevations throughout Hillsborough County.

1.4.6.2 The system shall utilize the most current, approved Hillsborough County WMMP EPA SWMM5 models as the foundation for the current conditions flood model.

1.4.6.3 The current conditions flood model shall utilize a numerical modeling software that meets applicable FEMA NFIP requirements and shall maintain, at a minimum, the level of detail and resolution provided in the County WMMP models.

1.4.6.3.1 The current conditions flood model shall utilize hourly, or more frequent, observed rainfall and coastal tide forecast products, and other relevant datasets to estimate current or near-current flood stages and inundations.

1.4.6.3.2 The current conditions flood model shall provide integrated compound flood analysis that evaluates the combined effects of coastal and riverine flood sources.

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1.4.6.3.3 The current conditions flood model shall support the execution and completion of up to four (4) simulations within a rolling 24-hour period.

1.4.6.3.4 The current conditions flood model shall complete all forecast simulations, including post-processing and result generation, and make results available within six (6) hours of simulation initiation.

1.4.6.3.5 The Contractor shall execute, at a minimum, two (2) model verification simulations utilizing Hurricane Milton and Hurricane Helene scenarios and provide documentation of model performance, results, and observations for the current conditions flood model.

1.4.6.3.6 The system shall integrate existing USGS, SWFWMD, and County-provided SCADA surface water level gauge datasets for initialization of current condition flood model conditions.

1.4.7 Data Visualization and Web Dashboard

1.4.7.1 The system shall provide a unified, web-based dashboard that allows authorized users to view, analyze, and process the results of all flood models and simulations through an intuitive, user-friendly interface.

1.4.7.2 Dashboard functionality shall include, but not be limited to, the following features:

1.4.7.2.1 A visual display of the maximum current and forecasted inundation extent floodplains for user-selected locations within Hillsborough County.

1.4.7.2.2 A visual display of roads and structures that are forecasted to be impacted under flooding. The display may include additional information, such as estimated flood depth and duration, where available.

1.4.7.2.3 A visual display of estimated structure damage, estimated economic impacts, and summary statistics associated with forecasted flooding.

1.4.7.2.4 A visual display of forecasted cumulative rainfall totals.

1.4.7.2.5 A visual display of observed and forecasted surface water time series data for model nodes.

1.4.7.2.6 A visual display of observation points categorized according to site-specific flood impact thresholds and forecasted flood stages.

1.4.7.3 The system shall provide County staff with direct access to ArcGIS Online feature layers containing daily forecast results. The feature layers shall support viewing, downloading, and integration with County-developed web applications and web viewers.

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1.4.7.4 The system shall generate automated email notifications to County staff containing daily summaries of model results or alerts when configured thresholds are exceeded.

1.4.7.5 The system shall support a minimum of 15 simultaneous County users accessing the dashboard with full functionality and without degradation of system performance.

1.4.8 Operational Support and Maintenance

1.4.8.1 The Contractor shall provide ongoing operational support, maintenance, and performance monitoring of the system.

1.4.8.2 The Contractor shall provide services that include, but are not limited to, the following:

1.4.8.2.1 Run and validate daily forecast simulations.

1.4.8.2.2 Monitor model performance, data feeds supporting model simulations, and forecast accuracy.

1.4.8.2.3 Identify, troubleshoot, and resolve system warnings, errors, processing delays, and anomalies affecting application execution, model processing, or system outputs.

1.4.8.2.4 Perform routine quality control checks of system processes, model outputs, and data inputs and document identified anomalies and corrective actions.

1.4.8.2.5 Adjust forecast frequency and provide enhanced system oversight during named storm events or other significant flood events, including running additional forecast model simulations and providing additional operational support as needed to maintain forecast reliability.

1.4.8.2.6 Provide timely communication to County staff regarding system status, forecast considerations, operational readiness, and potential risks that may affect forecast availability, reliability, or interpretation.

1.4.8.2.7 Provide after-action reviews following significant storm events, that document system performance, operational observations, identified issues, and recommendations for improvements.

1.4.8.3 The Contractor shall notify County staff of issues that may impact forecast availability or reliability.

1.4.9 Training

1.4.9.1 The Contractor shall provide at least one (1) in-person user training session prior to system go-live on the following:

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1.4.9.1.1 ArcGIS Online Feature layers, access, and export

1.4.9.1.2 Web dashboard usability and functionality

1.4.9.2 The Contractor shall provide comprehensive user documentation, including a reference manual, prior to or at the time of user training.

1.4.9.3 Training shall occur at the following location on Monday through Friday excluding County observed holidays:

County Center 601 E. Kennedy Boulevard Tampa, Florida 33602

1.4.10 Implementation

1.4.10.1 The system shall be fully configured, customized, tested, and ready for Final Acceptance (including completion of all required testing, delivery of user documentation, and completion of user training) no later than 12 months after issuance of a Purchase Order. The County prefers a shorter implementation schedule; therefore, the County reserves the right to award higher scores for implementation schedules of less than 12 months. If a shorter implementation schedule is offered and selection for award included consideration of the same, the Contractor will be contractually obliged to perform and deliver the project accordingly. Failure to deliver the project by the promised schedule may be construed as nonperformance and breach of contract if the underlying circumstances were within the Contractor’s control. The County reserves the right to employ all available remedies for nonperformance and breach of contract, including termination and recovery of damages.

1.4.10.2 The Contractor shall assist in system configuration, knowledge transfer such as documentation and training videos, and conducting the first message testing, to deploy the proposed system and support the County through system implementation and transition into operational use.

1.4.10.3 Prior to Final Acceptance, the Contractor shall submit a final memorandum, via email to the County Project Manager, that documents the development of the system and calibration verification results. The County Project Manager will review and formally acknowledge receipt and adequacy of the memorandum.

1.4.10.4 Delivery Delays

1.4.10.4.1 If the Contractor is in default for nonperformance within the stipulated Contract Time, including any intermediate milestone dates such as delivery for Final Acceptance, the Project Manager shall notify the Contractor in writing within 30 days after the Contract Completion Date or intermediate Milestone Date. The County will deduct the penalty amount stated in the Contract Documents from any monies due to the Contractor. Penalties for each day that a milestone date is not met are as follows:

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1.4.10.4.2 Penalties for each Day that each milestone date is not met are as follows:

Milestone: Final Acceptance

Amount of penalties: $100.00 per Day

1.4.10.4.3 Penalties shall not apply to delays caused by the County or events of force majeure. The Contractor may appeal penalty assessments in writing within 10 days of notification.

1.4.11 Final Acceptance

1.4.11.1 The County shall have final determination on the acceptance of the system.

1.4.11.2 The first year of Maintenance and Support Services shall begin the first Day after the Day of Final Acceptance.

1.4.12 The Proposer/Contractor shall implement and maintain a comprehensive cybersecurity program as per Attachment A – Cybersecurity Requirements.

1.5. Instructions to Proposers

The Proposer shall submit a comprehensive Proposal that meets or exceeds the minimum qualifications and requirements of these specifications. The Proposer’s response shall include the following:

1.5.1 An Executive Summary as an attachment, which shall include:

1.5.1.1 Cover Page with the following:

1.5.1.1.1 Name and title of the Proposer’s contact representative for the County

1.5.1.1.2 Proposer’s address

1.5.1.1.3 Proposer’s phone number

1.5.1.1.4 Proposer’s website link

1.5.1.2 Organizational chart identifying the functions and reporting relationships of key people.

1.5.1.3 Proposer’s history, date established, overview, and organizational profile.

1.5.1.4 Experience: A minimum of one (1) and a maximum of three (3) client references, documenting experience implementing solutions for organizations substantially similar in scope and size to Hillsborough County, to include but not be limited to:

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1.5.1.4.1 Client Name

1.5.1.4.2 Contact Name and Title

1.5.1.4.3 Contact Email

1.5.1.4.4 Contact phone number

1.5.1.4.5 Project Title

1.5.1.4.6 Brief description of the project and the implementation date

1.5.2 The Proposer’s Solution Details, as a separate attachment, describing the proposed solution, including but not limited to the solution name, features, accessible reporting within various exporting options, user interface format and layout, and documentation on how the Solution meets or exceeds the requirements of this solicitation. The attachment shall include details on the following:

1.5.2.1 Data sources and time step for rainfall and coastal tide forecasts

1.5.2.2 Hydraulic and hydrologic modeling software and methodology

1.5.2.3 Approach for utilizing County WMMP models in the development of the solution

1.5.2.4 Forecast duration and available forecasts horizons

1.5.2.5 Incorporation of USGS, SCADA, and SWFWMD surface water level gauge data, including the number of gauges utilized

1.5.2.6 Web dashboard capabilities, functionality, and user interface

1.5.2.7 Observation point impact thresholds and data sources used to establish thresholds

1.5.2.8 Proposed system redundancy, resiliency, and expected uptime.

1.5.3 An Implementation Plan, as a separate attachment, that guides the process, minimizes risks and achieves successful outcomes that meet the needs of the County. The implementation plan shall include a clear alignment of both functional and technical objectives, resource optimization, communication, risk mitigation, monitoring and evaluation processes, and a detailed project schedule.

1.5.4 A Training Plan, as a separate attachment, to include a full description of the training offered by the firm for the product proposed, to include but not be limited to:

1.5.4.1 Technical/Customer Support Resources

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1.5.4.2 Training materials and documentation

1.5.4.3 In-person training, as per Paragraph 1.4.9. (Training).

1.5.5 Cost

1.5.5.1 The Proposer shall submit, as a separate attachment, a cost proposal for the overall cost of the initial contract term, including implementation, testing and training, support services, and the system subscription for years one (1), two (2), and three (3). Any other costs associated with the proposed solution shall also be included to reflect the overall cost to the County.

1.5.5.2 The Proposer shall submit, as an attachment, the Implementation Phase Milestones, with a cost breakdown for suggested progress payments.

1.6. Proposal Response (Attachments)

The Proposer shall submit as their proposal the following required attachments. Note: Euna Procurement has a file size limitation of 1GB.

1.6.1 Submit with Proposal

1.6.1.1 Proposer Requirements/Acknowledgements Questionnaire

1.6.1.2 Deviation(s) Questionnaire (Optional)

1.6.1.3 Proposer Acknowledgement(s) of Addenda (if applicable)

1.6.1.4 Declaration of Documents Exempt from Public Disclosure (Optional, if applicable)

1.6.1.5 Software License Terms, if requesting changes to the County’s standard provisions (Optional)

1.6.1.6 Executive Summary

1.6.1.7 Licenses and Certifications

1.6.1.8 Solution Details

1.6.1.9 Implementation Plan

1.6.1.10 Training Plan

1.6.1.11 AI Security Questionnaire (if applicable)

1.6.1.12 Vendor Security Outsourcing Questionnaire (if applicable)

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1.6.1.13 Vendor Security Software Questionnaire (if applicable)

1.6.2 Complete upon County’s Request

1.6.2.1 Insurance Certificate

1.6.2.2 W-9 or Substitute W-9

2. SPECIAL TERMS AND CONDITIONS

2.1. Evaluation/Selection Process

2.1.1 The County will review and evaluate all Proposals submitted in response to this Solicitation Document. The evaluation process is designed to award the Contract to the Proposer with the best combination of attributes as demonstrated in the Proposal scores. Scores are based on the evaluation of the information contained in Proposer's Proposal which include, but is not limited to, Proposer's responses to the questions set forth in the Requirements Section of this Solicitation Document and any corresponding attachments including a brief description of methodology, qualifications, experience, and the cost of the Services/Work.

2.1.2 Evaluation Procedures

The evaluators will consider how well the Proposer's Proposal meets the needs of the County as described in the Proposer's response to each question in this Solicitation Document. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the response. Please follow all instructions carefully. The Proposal should be submitted according to the instructions/outline specified in this Solicitation Document.

A Proposal that fails to follow these instructions may be considered non-responsive and may be eliminated from further consideration.

2.1.2.1 Based on information acquired through the Proposer's responses and the responses of references (if applicable), the County will award a preliminary score to each Proposal.

2.1.2.2 Based on the preliminary scores, the County may request that the top scoring Proposers conduct an oral presentation and/or submit a Best and Final Offer that may include revisions to Technical Approach, Integration, and/or Cost. Be advised that the evaluators may revise the preliminary scores based on the oral presentations (if applicable), reference inquiries, other information obtained through the County's investigations of past performance and/or submissions of Best and Final Offers (if applicable).

2.1.3 Scoring/Weighting of Questions

The scoring/weighting of Proposals will be accomplished utilizing the evaluation criteria identified in the following table:

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Award Criteria Point Value Quality of the Proposed System and its ability to achieve the County's objectives. 40

Quote/Cost Total 25 Proposer's understanding of the scope and objectives, technical approach, and work plan presented.

Proposer's Organization and Staff Qualifications and Experience 10

Total: 100

2.1.3.1 Quote/Cost Total: Points awarded for the "Quote/Cost Total" portion of this Solicitation Document will be based upon the following formula:

Score = Lowest Cost Proposal x Maximum Points Proposer's Cost

2.1.3.2 The County reserves the right not to award the Contract to the Proposer with the lowest Quote/Cost.

2.2. Insurance, Contractor

See RFP-26-00364 Insurance Requirements Attachment

2.2.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.2.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.2.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.2.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

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2.2.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.3. Information Technology

2.3.1 Software Licensing Provisions

2.3.1.1 Unless otherwise proposed, the Standard Software Licensing Provisions below shall apply. Proposers may include their firms' licensing provisions as an alternative to the Standard Software Licensing Provisions. Proposers are cautioned not to incorporate any terms or conditions into their proposed software license provisions other than those that are customary and/or usual or which result in a modification to their proposal. Such inclusions may result in the rejection of their Proposal in its entirety.

2.3.1.2 Scoring of Software Licensing Provisions: Software licensing provisions will be evaluated and scored by the County as follows:

2.3.1.2.1 Proposals that contain no alternative software licensing provisions: These proposals shall receive the maximum score allowed as identified within this Request for Proposal (RFP).

2.3.1.2.2 Proposals that contain alternative software licensing provisions: The County will score how closely the proposers' software license provisions match the Standard Software Licensing Provisions with more points awarded for fewer deviations.

2.3.1.3 Selection of Apparent Successful Proposer and Negotiation of Software License Provisions: The apparent successful proposer will be the vendor with the best combination of attributes as demonstrated in the solicitation scores.

2.3.1.3.1 Negotiations: If necessary, the County will enter into negotiations of the software license provisions with the apparent successful proposer in order to agree to mutually acceptable provisions. These negotiations shall be limited to a reasonable time period. If in the County’s sole determination the negotiations exceed a reasonable time period, the County shall terminate the negotiations with the apparent successful proposer and enter into negotiations with the next highest scoring proposer.

2.3.1.3.2 Successive apparent successful proposer(s): Upon failure to negotiate mutually acceptable software license provisions, and termination of negotiations with the apparent successful proposer, the next highest scoring proposer will become the new apparent successful proposer and the County will enter into negotiations of the software license provisions with this vendor as described in the previous paragraph. This process shall be repeated if necessary to obtain mutually acceptable software license provisions.

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2.3.1.4 Standard Software Licensing Provisions

2.3.1.4.1 Licensed System, Services: The Contractor/Licensor (Licensor) grants and County accepts upon the terms and conditions contained herein, nontransferable license to use of "Licensed System" as herein defined and described. This Licensed System shall be used solely for the County's own purposes. The Licensed System shall include in its meaning, any improvements, additions, or modifications of the version or versions of the Licensed System which Licensor has licensed the County to use, and materials, documentation and technical information provided to County in written form and identified in the RFP, for use in connection with the Licensed System. The Licensor further agrees to perform certain services relating to the Licensed System as set forth herein.

2.3.1.4.2 Payment for Software: The County shall pay the Contractor/Licensor the license fee in full within forty-five (45) days upon delivery of the software and receipt of a proper invoice as defined in the Hillsborough County Prompt Payment Procedures, which are on file at the Board of County Commissioners Accounting Department, County Center, 601 E. Kennedy Blvd., 12th Floor, Tampa, Florida 33602.

2.3.1.4.3 Copies: The County shall have the right to reproduce for internal use all of the Licensed System and Documentation described in RFP for its internal users, subject to the requirements on use, disclosure, and proprietary notice set forth herein.

2.3.1.4.4 Proprietary Information: To the extent authorized by Florida law, the parties agree to take reasonable steps to preserve the confidential and proprietary nature of information provided by the other party. The County shall include and shall not alter, remove or cancel, any copyright, trade secret or other proprietary notices on the Licensed System.

2.3.1.5 Warranties

2.3.1.5.1 Licensed System; Services: Licensor warrants that, on the Acceptance Date, the Licensed System furnished hereunder shall be free from significant programming errors and from defects in workmanship and materials, and shall operate and conform to the performance capabilities, specifications, functions and other descriptions and standards applicable thereto as set forth in the RFP; that, in general, the Licensor shall perform the services in a timely and professional manner utilizing qualified professional personnel;

and that the Licensed System and service shall conform to the standards generally observed in the industry for similar Licensed Systems and services. If the Licensor allows the County to modify the source code, the County will adhere to the Licensor prescribed procedures for such modifications. The warranty shall not be invalidated if the County modifies the code in accordance with Licensor prescribed procedures.

2.3.1.5.2 Ownership; Authority: Licensor warrants that it has full power and authority to grant the rights granted by these License Provisions to County with respect to Licensed System without the consent of any other person or entity. Licensor also warrants that

RFP-26-00364 Page 17 neither the performance of the services by Licensor nor the license to and use by County of the Licensed System and documentation, including the copying of the Licensed System and documentation, will in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party.

2.3.1.5.3 Compliance with Applicable Laws: Licensor warrants that Licensed System, its license to and use by County, and the performance by Licensor of the services, shall be in compliance with all applicable laws, rules and regulations.

2.3.1.5.4 Licensor's Fulfillment Of Warranty Obligations: If, at any time during the twelve

(12) month period immediately following the Acceptance Date, Licensor or County, or both, discover any defects, errors or non-conformities in the Licensed System or any other respect in which the Licensed System fails to conform to the provisions of any warranty contained in these License Provisions, Licensor shall, at no cost to the County, promptly correct such defects, error(s) or non-conformities by, among other things, supplying the County with such corrective codes and making such additions, modifications, or adjustments to the package as may be necessary to keep the Licensed system in operating order in conformity with the warranties herein.

2.3.1.5.5 Limited Warranty: Licensor's warranties are limited to those set forth in this agreement and do not include any other express or implied warranties, including implied warranty of merchantability and fitness for a particular purpose.

2.3.1.5.6 Limitation of Liability: In no event shall Licensor be liable for any indirect, exemplary, incidental, or consequential damages arising out of or otherwise relating to the use or performance of the System or any components thereof, however caused, even if Licensor has been advised of the possibility or likelihood of such damages.

2.3.1.6 Improvements; Modifications

2.3.1.6.1 Improvements, which shall mean any additions or modifications made by the Licensor to or in the Licensed System at any time after acceptance testing in the Licensed System, that improve the efficiency and effectiveness of the basic program function(s) described in the RFP and which do not change such function(s) or create one or more new ones, shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

2.3.1.6.2 Program Changes. If, at any time after the Acceptance Date, Licensor shall develop any changes in the Licensed System which affect the basic program, function(s) of the Licensed System, or adds one or more new ones, these shall be furnished to the County at no charge, provided the County maintains current support with the Licensor.

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2.3.1.7 Indemnification

2.3.1.7.1 Licensor agrees to defend, indemnify, and shall hold harmless County, its employees and agents from and against any claim, suit, demand, or action alleging that the System or any component thereof infringes a U.S. patent or copyright, or any Trade Secret, or any other intangible property rights of any third party.

2.3.1.7.2 If a third-party claim seriously endangers or disrupts County's quiet enjoyment and use of the Licensed System, Licensor shall:

2.3.1.7.2.1 replace the Licensed System, at no additional charge, with a compatible, functionally equivalent and non-infringing product, or

2.3.1.7.2.2 modify the Licensed System, without additional charge, to avoid the infringement, or

2.3.1.7.2.3 if approved by the County, obtain a license for the County to continue the use of the Licensed System for the term of these License Provisions and pay all additional fee(s) necessary to acquire such license up to $1,500,000.00.

2.3.1.8 Source Code: Upon the occurrence of a Source Code Delivery Event, Licensor shall deliver to County a full and complete set, for the most current version of each of the Computer Program(s), of source code on computer magnetic media; all necessary and available information, proprietary information, and technical documentation that shall enable County to create, maintain and/or enhance the licensed material without the aid of Licensor or any other person or reference to any other materials; maintenance tools (test programs and program specifications); proprietary or third-party systems utilities (compiler and assembler descriptions); description of the system/program generation; and descriptions and locations of programs not owned by Licensor, but required for use and/or support. The license granted hereunder includes the right, exercisable upon such delivery, to use such materials for purposes of County's providing internally, or procuring from Permitted Contractors, such maintenance and support as County may require with respect to the Computer Program(s) and, as incident thereto, to copy and modify the Computer Program(s) in support of the authorized uses of the Computer Program(s).

For purposes of these Provisions, "Source Code Delivery Event" means the combination and completion of the following:

2.3.1.9 County encounters Licensor's inability or failure to correct material error(s) in the Computer Program(s) for any reason, or otherwise to carry out in any material respect the maintenance or support obligations set forth in these Provisions for any reason; or

2.3.1.10 Licensor files a petition in bankruptcy or petition to take advantage of any insolvency action, makes an assignment for the benefit of its creditors, consents to the appointment of a receiver for itself or the whole or substantially all of its property, is adjudicated a bankrupt

RFP-26-00364 Page 19 on a petition in bankruptcy filed against it, files a petition or answer seeking reorganization or arrangement or other aid or relief under any bankruptcy or insolvency laws for the relief of debtors, or is the subject of an order, judgment, or decree entered by a court of competent jurisdiction appointing a receiver for Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor or the whole or substantially all of its property, or approval of a petition filed against Licensor seeking reorganization or arrangement of Licensor under any bankruptcy or insolvency laws or any other law for the relief of debtors;

and

2.3.1.10.1 The County has notified Licensor by certified mail of the occurrence of such an event described above and has demanded that Licensor deliver the Source Code for all Computer Program(s); and Either:

2.3.1.10.2 Licensor has failed to file, within ten (10) Days after receipt of such notification, an affidavit, or declaration with County by an officer of Licensor stating that the event described in item (1) and specified in such notification has not occurred or has been cured; or

2.3.1.10.2.1 an affidavit or declaration stating that such event has not occurred or has been cured is filed, either.

2.3.1.10.2.2 Licensor subsequently accepts County's demand notwithstanding Licensor's prior opposition, or

2.3.1.10.2.3 a court of competent jurisdiction subsequently determines that an event described in item (1) above has in fact occurred and has not been cured.

2.4. Optional Provision for Other Agencies

Unless otherwise stipulated by the Bidder/Proposer in its Offer, the Bidder/Proposer agrees to make available to all government agencies, departments, and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

2.5. Purchase Order/Contract

By submitting an Offer, the Bidder/Proposer declares that it understands and agrees that Bidder’s/Proposer’s Offer in addition to the Specifications, the Instructions, the General Terms and Conditions, the Special Terms and Conditions, the Insurance and Bond requirements, any Amendment(s) issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by the Board of County Commissioners (if applicable), upon approval of the contract award by the County Administrator (if applicable), or upon the County’s issuance of a Contract Purchase Agreement, Blanket Purchase Agreement, or Purchase Order, whichever occurs sooner.

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2.6. Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a four (4)-year period (ending on the last Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement

(CPA).

2.7. Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase.

Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

2.8. Hillsborough County Governmental Purchasing Council: Reference Laws of Florida 69-1112 and 69-1119

All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Solicitation Document. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County. Members will issue their own purchase orders, issue payments, and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies:

Children’s Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough Community College

Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney’s Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector

2.9. Ordering

The County shall issue a Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA) to cover any goods, Services and/or Work to be furnished under this Contract. The County user departments will then issue Standard Purchase Orders against the BPA/CPA on an as-needed basis.

The Successful Bidder/Proposer shall deliver the applicable goods, Services and/or Work only upon receipt of a Standard Purchase Order. No goods, Services and/or Work are to be provided until a Standard Purchase Order is issued. However, any Standard Purchase Order issued PRIOR to the end

RFP-26-00364 Page 21 of the Contract Period shall be completed, invoiced, and paid after the expiration of the Contract.

Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) identified throughout the Contract Period.

2.10. Termination for Convenience

In the event the County elects to terminate the Contract, the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to the Contractor’s receipt of said termination notice.

3. DEFINITIONS

The following words and expressions (or pronouns) shall, wherever they appear in this Solicitation Document and the Contract Documents, be construed as follows unless a different meaning is clear from the context.

3.1. Agreement

"Agreement" shall mean the written agreement between the County and the Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Solicitation Document. The Agreement (if one is required for this particular Solicitation Document) will be attached to and made a part of the Contract Documents.

3.2. Amendment(s), Addendum, or Addenda

"Amendment(s)", "Addendum", or "Addenda" shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County, in writing, prior to the Close Date.

3.3. Bid(s), or Bidder's Bid

"Bid(s)", "Bidder’s Bid”, "Proposal(s)", or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.4. Bidder

"Bidder" or "Proposer" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

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3.5. Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and any additional terms and conditions of the Contract, if applicable.

3.6. Board of County Commissioners

"Board of County Commissioners" shall mean the Board of County Commissioners of Hillsborough County, Florida.

3.7. Bond

"Bond" or "Earnest Money Deposit (EMD)" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer/Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

3.8. Business Day(s)

“Business Day(s) "shall mean Monday through Friday excluding public holidays.

3.9. Change Order

“Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time.

3.10. Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

3.11. Contract or Contract Documents

"Contract" or "Contract Documents" shall mean the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Equal Employment Opportunity and Non-Discrimination Requirements, all Amendment(s) issued, the Offer, the Agreement (if applicable), all the attached documents identified in this Solicitation Document, all supplementary drawings issued after award of the contract, all Change Orders, all Allowance Authorization Releases, and all provisions required by law to be a part of the Contract Documents, whether actually inserted therein or not.

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3.12. Contract Price

"Contract Price" shall mean the total monies payable to the Contractor under the Contract Documents.

3.13. Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the…