2425-09 RFP COS - Addendum 1.pdf

RFP No. 2425-09 COS Addendum 1

QUESTIONS AND ANSWERS AND MODIFICATIONS

2425-09 RFP COS

Report on Economic Impact of a 1-in-100 Year Hurricane

Addendum No. 1

Failure to file a protest within the time prescribed in section 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.

This Addendum consists of the following sections:

A. Questions and Answers B. Modifications to the RFP

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A. Questions and Answers Below are the questions and answers related to this solicitation. In the table below, the Department of Financial Services (Department) has answered each of the 11 written questions submitted by potential Respondents.

Question No.

ATTACHMENT

IDENTIFIER

SECTION

NUMBER

PAGE

NUMBER

QUESTION DEPARTMENT'S RESPONSE

1 RFP &

Attachment 2

Sections

1.2 and 2.2

(RFP);

Section 5.b) (Attachmen t 2)

Pgs. 4 and 8 (RFP); Pg 2 (Attachment 2)

Question: On page 8 of the RFP, the anticipated contract start date is noted to be March 3, 2025; page 4 of the RFP, however, notes that “the Chief Financial Officer must provide the Report to the Governor, President of the Senate, and Speaker of the House of Representatives by March 1, 2025.”

Can you please acknowledge the Department is aware of this discrepancy in dates and that this discrepancy will not impact the project timeline outlined by the Department in the Statement of Work?

The Department is aware that this report will not be completed by March 1, 2025, and will adhere to the project timeline outlined in Attachment 2, Statement of Work.

2 RFP Section 1.2 Pg. 4 Question: The RFP states the Chief Financial Officer must provide the report on March 1, 2025 and triennially thereafter. Can you please confirm that the scope of work for this contract (including estimated cost) does not include triennial updates to the report, and that should the Department engage a Contractor for any triennial updates, the Department will engage a Contractor under a separate contract?

The Department confirms that the scope of work for this contract does not include triennial updates. The Department will procure a new contract for the next triennial report. The Respondent should only include costs for the current report.

3 Attachment 2 Section 5.b)

Pg. 2 Question: The Statement of Work specifies that the initial draft report shall be provided to the Department for review no later than ten (10) weeks after the execution of the contract. Because this project will involve data requests to multiple different entities, there may be delays in receiving all required data due to the varying responsiveness of the different involved entities.

For example, significant delays could occur to the extent that entities' Legal teams are involved in reviewing whether catastrophe model vendor data output can be provided to third parties based on the entities' contracts with model vendors. Significant delays in

Please see the modification to the RFP in Section B, Modifications to the RFP, below.

receiving data may jeopardize the project timeline. Is the Department open to adjusting the number of weeks in the project timeline to account for uncertainties related to the timeliness of data responses or consider an alternative starting trigger, such as the date in which the last requested data element is received (as opposed to the date of the execution of the contract)? Or, does the Department have the ability to amend this timeline at a later date if the Department decides that significant delays in providing data have prevented the Contractor from being able to reasonably complete the draft report within the ten week time-frame?

4 Attachment 2 Section

6.b) Pg. 2 Question: In recent years, some of the catastrophe model vendors have negotiated contracts that do not allow their customers to share certain catastrophe model output from their models with third parties.

Would the Department have authority, as a governmental entity, in this event to mandate that the entities from which data needs to be collected provide the necessary modeled catastrophe data output in

The Department does not have the authority to mandate that these entities provide data for this report to the vendor.

order for the selected Contractor to complete the scope of work?

5 Attachment 1 Section 8.b.

Pg. 2 Proposed Contract Exception:

Rejection of Deliverables. The Department reserves the right to reject deliverables outlined in Attachment 2, Statement of Work, as incomplete, inadequate, or unacceptable due in whole or in part to the Contractor’s lack of satisfactory performance under the terms of this Contract. If the Department’s Contract Manager does not accept a deliverable within fifteen (15) calendar days, the deliverable will be deemed rejected accepted…

6 Attachment 1 Section 9. Pg. 2 Proposed Contract Exception: In addition to any specific financial consequences that might be stated in Attachment 2, Statement of Work, the Department will withhold payment when the Contractor has failed to perform or comply with any provision of this Contract.

These consequences for nonperformance are not to be considered penalties. RESERVED.

7 Attachment 1 Section 19.d.

Pg. 6 Proposed Contract Exception:

Notwithstanding the foregoing anything to the contrary in this Contract, and unless otherwise specified in Attachment 2, Statement of Work, the Contractor’s intellectual property rights that preexist this Contract will remain with the Contractor (including, without limitation, all copyrights, patents, service marks, trademarks, trade secret and other intellectual property rights) in and to all:

technical or internal designs, methods, ideas, concepts, know-how, techniques, internal software, generic documents and templates, that were previously developed by Contractor or further developed during the course of the provision of the services (“Tools”) provided

The Department does not wish to modify this section currently.

such Tools do not contain any of the Department’s confidential information or proprietary data.

Rights and ownership by Contractor of its Tools shall not extend to or include all or any part of the Department’s proprietary data or confidential information. To the extent that Contractor includes any Tools in performance of the Contract, Contractor agrees that Department shall be deemed to have a fully paid-up perpetual license to make copies of the Tools as part of this engagement for its internal business purposes.

8 Attachment 1 Section 25.b.

Pgs. 8-9 Proposed Contract Exception:

Requirements of Section 501.171, F.S. If the Department shares data that is covered by section 501.171, F.S., with the Contractor in the process of fulfilling this Contract, the Contractor is responsible for fulfilling the requirements placed on the Department by section 501.171, F.S., at the Contractor’s expense, if the Contractor is responsible for a breach of this data.

Notwithstanding any limitations on liability addressed in the Contract, If the Contractor fails to fulfill the requirements placed on the Department by section 501.171, F.S., the Contractor shall reimburse the Department for all costs incurred in fulfilling such requirements.

9 Attachment 2 Attachment 1

Section 7.e) (Attachmen t 2);

Section 11.

(Attachmen t 1).

Pg. 3 Proposed Contract Exception:

The following provisions found in Attachment 4, PUR 1000, General Contract Conditions, are not applicable to this Contract:

• Section 3.b.vi., Survivability

• Section 4.c. i.-iii. And v.-vi., Contract Term, Suspension, and Termination.

• Section 5.e.iii., E-Verify.

• Section 7., Payment.

Section 8.d., Jury Waiver, of the PUR 1000 is inapplicable to this Contract because the Department has supplied its own jury waiver provision in Attachment 1 (see section 11. of Attachment 1, Special Contract Conditions).

• Section 8.a., Dispute Resolution.

• Section 8.d., Jury Waiver.

10 Attachment 4 Section 8.f. Pg. 15 Proposed Contract Exception:

Contractor shall fully indemnify, defend, and hold harmless the Customer and the State (including each of their current and former officers, agents, and employees) for any and all third-party claims, actions, demands, liabilities, and expenses of any kind which are caused by, related to, growing out of or happening in connection with the Contract (including resulting from any determination arising out of or related to the Contract that the Contractor or its employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer or State), and for any and all personal injury or loss, damage, or other casualty to real or tangible personal property to the extent caused by the Contractor, the Contractor shall be fully liable for the actions of its employees, subcontractors, and agents and shall fully indemnify, defend, and hold harmless the Customer and the State (including each of their

Attachment 4, General Contract Conditions, is a collection of standard terms promulgated by the Department of Management Services in rule via Form PUR 1000. These terms are included in competitively procured state agency contracts.

The Department intends to include these standard terms unedited in this Contract.

current and former officers, agents, and employees) for any and all loss, damage, injury, costs, reasonable expenses, or other casualty to person or property. Without limiting this indemnification requirement, the Customer may provide the Contractor (i) written notice of any action or threatened action, (ii) the opportunity to take over and settle or defend any such action at the Contractor’s sole expense, and (iii) assistance in defending the action at the Contractor’s sole expense. The above indemnity requirement does not apply to that portion of any loss or damages proximately caused by the negligent act or omission of the Customer or the State. Nothing herein is intended to act as a waiver of the Customer’s or State’s sovereign immunity or to be deemed consent by the Customer or State or its subdivisions to suit by third parties.

11 Attachment 5 Section 6. Pg. 2 Proposed Contract Exception:

The Contractor agrees to protect, indemnify, defend, and hold harmless the Department from and against any and all costs, claims, demands, damages, losses, and liabilities arising from or in any way related to the Contractor’s breach of this Addendum B or the negligent acts or omissions of the Contractor related to this Addendum B. The total liability of Contractor, its officers, directors, agents and employees to the Department claim arising from Addendum B shall not exceed five million dollars ($5,000,000). This limit applies regardless of the theory of law under which a claim is brought, including negligence, tort, contract, or otherwise. In no event shall Contractor be liable for lost profits of the Department or any other type of incidental or consequential damages. The foregoing limitations shall not apply in the event of the intentional fraud or willful misconduct of the Contractor.

The Department does not wish to modify this section currently.

B. Modifications to the RFP: Insertions to the RFP are indicated by an underscore, deletions are indicated by a strikethrough.

1. Section 8.b., Rejection of Deliverables, of Attachment 1, Special Contract Conditions, is hereby amended as follows:

b. Rejection of Deliverables. The Department reserves the right to reject deliverables outlined in Attachment 2, Statement of Work, as incomplete, inadequate, or unacceptable due in whole or in part to the Contractor’s lack of satisfactory performance under the terms of this Contract. If the Department’s Contract Manager does not accept a deliverable within fifteen (15) calendar days, the deliverable will be deemed rejected. Failure to fulfill the appropriate technical requirements or complete all tasks, duties, or activities as identified in Attachment 2, Statement of Work, will result in rejection of the deliverable and the associated invoice. The Department, at its option, may allow additional time within which the Contractor may remedy the objections noted by the Department before the Department issues a notice of default. If the Department’s Contract Manager allows additional time for the Contractor to correct a rejected deliverable, the Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding within a reasonable time or, if a time certain is specified, within the additional time allotted. All work done to correct a rejected deliverable will be done at the Contractor’s expense.

2. Section 9, Financial Consequences for Nonperformance, of Attachment 1, Special Contract Conditions, is hereby amended as follows:

9. Financial Consequences for Nonperformance.

In addition to any specific financial consequences that might be stated in Attachment 2, Statement of Work, the Department will withhold payment when the Contractor has failed to perform or comply with any provision of this Contract. These consequences for nonperformance are not to be considered penalties. N/A

3. Section 25.b., Requirements of Section 501.171, F.S., of Attachment 1, Special Contract Conditions, is hereby amended as follows:

b. Requirements of Section 501.171, F.S. If the Department shares data that is covered by section 501.171, F.S., with the Contractor in the process of fulfilling this Contract, the Contractor is responsible for fulfilling the requirements placed on the Department by section 501.171, F.S., at the Contractor’s expense, if the Contractor is responsible for a breach of this data. Notwithstanding any limitations on liability addressed in the Contract, if If the Contractor fails to fulfill the requirements placed on the Department by section 501.171, F.S., the Contractor shall reimburse the Department for all costs incurred in fulfilling such requirements.

4. Section 5.b), Deliverables, of Attachment 2, Statement of Work, is hereby amended as follows:

b) Deliverables. The Contractor shall provide the following Deliverables:

Deliverable No. 1 – Draft 1-in-100-Year Hurricane Report

Tasks

Financial Consequence Produce an initial Draft Report for review by the Department, using the Department’s Report template, no later than ten (10) weeks after execution of the Contract, unless the Department accepts an alternative due date in writing. The Department shall provide its designated template to the Contractor.

The Department will reduce the invoice amount due to the Contractor by $1,000.00 for each Business Day past the due date for the Draft Report.

Deliverable No. 2 – Final 1-in-100-Year Hurricane Report Task Financial Consequence Produce and submit a Final Report no later than two (2) weeks after the Department’s approval of the initial Draft Report, unless the Department accepts an alternative due date in writing. The Final Report shall resolve any and all feedback provided by the Department on the Draft Report.

The Contractor shall utilize the Department’s Report template which shall be provided to the Contractor by the Department.

The Department will reduce the invoice amount due to the Contractor by $1,000.00 for each Business Day past the due date for the Final Report.