FDLE ITN 2420 Addenda No.1.pdf

DATE: April 1, 2024

SOLICITATION NUMBER: FDLE ITN 2420

SOLICITATION TITLE: LiveScan Equipment and Software

REPLY OPENING: April 15, 2024

ADDENDA NUMBER: One (1)

This addendum serves as notice of responses to questions received from potential Vendors relevant to the Invitation to Negotiate (ITN) and amended attachments from the original ITN document.

Replace the Original ITN Attachment H Technical Reply Instructions and Evaluation Criteria Sections 2.2.2, 2.2.3, 2.2.4. and 2.2.5 with the attached.

Replace the Original ITN Attachment K Price Reply Sheet with the Amendment Attachment K Price Reply Sheet, attached separately.

Replace the Original ITN Attachment L Draft Contract with the attached.

All other terms and conditions of the FDLE-ITN-2420 remain unchanged.

THIS ADDENDUM NOW BECOMES PART OF YOUR REPLY RESPONSE.

THE ADDENDA ACKNOWLEDGMENT FORM SHALL BE SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE, DATED, AND RETURNED WITH THE REPLY RESPONSE.

ADDENDA ACKNOWLEDGEMENT

COMPANY NAME:

FEDERAL TAX IDENTIFICATION NUMBER:

ADDRESS:

CITY: STATE: ZIP:

AUTHORIZED REPRESENTATIVE: TITLE:

AUTHORIZED SIGNATURE: DATE:

PHONE: EMAIL:

FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN FLORIDA STATUTE 120.57(3) OR FAILURE TO FILE A BOND OR OTHER SECURITY WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF

PROCEEDINGS UNDER CHAPTER 120 FLORIDA STATUTES.

ATTACHMENT B

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

WRITTEN ANSWERS TO QUESTIONS

FDLE ITN 2420

LiveScan Equipment and Software

All written questions are reproduced in the same format as submitted by the Vendor.

Question #1 We respec�ully ask if FDLE will allow bidders to submit electronic submissions of their responses for ITN 2420, versus submi�ng hard copy documents via courier? This was a ques�on asked during the Pre-Reply Conference held on March 13, 2024.

Would it be possible to submit electronic responses directly to Angela Githens or through the Florida Marketplace website?

Answer #1 The FDLE will not accept electronic replies. Please submit replies according to the instructions in Section 3.1.19 of the ITN.

Question #2 We respec�ully ask if FDLE would extend the submission deadline by two weeks? This will allow for bidders to make necessary revisions to their responses based on answers to bidder’s ques�ons.

Answer #2 No. Due to time constraints, an extension will not be granted for this ITN. Proposals may be refined during the negotiation process, however.

Question #3 Do we have to have current cer�fica�on with FDLE for each type of livescan device to be considered for the demonstra�on period with FDLE?

Answer #3 No. FDLE does not certify criminal or applicant tenprint devices.

Question #4 Does a vendor need to have all the different types of livescans to be considered for this ITN? (i.e.

is it you must have all types to qualify?)

Answer #4 The FDLE is only requesting one (1) type of device, the Tenprint Capture Device.

Question #5 What is the estimated number of each type of livescan that are in the state of Florida that are considered life cycled?

Answer #5 There are over 100 LiveScans in the state that we estimate have reached end of life.

Question #6 What are all the different agencies that could possibly purchase from this contract?

Answer #6 The Florida Department of Law Enforcement, The State, or any State of Florida governmental department, division, county, bureau, commission, district, or municipality (to include local Sheriff’s Offices, county jail facilities, and Police Departments).

Question #7 While reading the ITN I saw the following requirement on page 48:

w. The system must have an operator “panic button” which will lock the system and hold the information captured on a booking-in-progress until the operator unlocks the system using his/her password.

Is the intent to force software to have some special onscreen button? Or is having the standard ability to click “Close” and save all work sufficient?

Answer #7 Respondents should propose the best solution within their product. However, the intent of this requirement is to provide the LiveScan users an ability to quickly lock down the LiveScan screen in the event of an emergency. This is especially important for criminal LiveScans located within county jail facilities. Any option allowing a user to lock down the LiveScan screen with minimal effort will meet this requirement.

Question #8 Regarding ITN Page 16 - TECHNICAL REPLY SUBMISSION LAYOUT: TAB 5:VALUE-ADDED SERVICES Should respondents use price sheet tab “ADDITIONAL OFFERINGS” in ATTACHMENT K - Price Reply Sheet for these “Value-Added” items? If not, would FDLE consider adding an additional Price Sheet tab in ATTACHMENT K - Price Reply Sheet? If not, please provide pricing and description format instructions that respondents should use for “Value-Added” products and services.

Answer #8 Yes.

Question #9 Regarding ITN Pages 25-26 – SECTION 3.4 – PRICE REPLY

Section 3.4 – PRICE REPLY denotes the following pricing evaluation formula: (M x L) / A = P M = Maximum Points Available for the Price Reply (= 30 points) L = Lowest responsive Price Reply A = Actual Price Reply for each of the other responding Respondents P = Points Awarded to each of the other responding Respondents

ATTACHMENT K - Price Reply Sheet provides the opportunity for each Respondent to offer multiple solutions in each category (Tenprint, Additional Offerings). For example, Respondent 1 may have 10 entries, Respondent 2 may have 5 entries and respondent 3 may have 3 entries. Please explain how “L = Lowest responsive Price Reply” AND “A = Actual Price Reply for each of the other responding Respondents“ will be determined/calculated in a fair manner.

Answer #9 The FDLE is only requesting one (1) type of device, the Tenprint Capture Device. Additional Offerings are not included in the Price Reply determination. See Section 3.4 Price Reply. The lowest total contract price including renewal year options.

Question #10 Regarding Full ITN PDF File If possible, would FDLE be willing to provide a copy of the full ITN document in Microsoft Word format?

Answer #10 The PDF file can be converted into Microsoft Word.

Question #11 Regarding ATTACHMENT H, Sec�on 2.1.2, Standards, Item j. Must automatically compare the distal images from the upper palm print to the corresponding rolled or plain impression distal images to ensure the palm print is captured from the same hand as the tenprint.

Our Question: Would FDLE allow other ways to ensure the correct hand in each image?

Answer #11 Respondents should propose the best solution within their product. However, intent of this requirement is to ensure palm prints are captured correctly and legibly and in the correct location.

If a vendor offers another alternative for performing this type of quality check it will be considered.

Question #12 Regarding ATTACHMENT H, Sec�on 2.1.2, Standards, Item w. The system must have an operator “panic button” which will lock the system and hold the information captured on a booking-in-progress until the operator unlocks the system using his/her password.

Our Question: Is the expectation to have an on-screen button to target, or a physical button on the workstation or keyboard?

Answer #12 See answer # 7.

Question #13 Regarding ATTACHMENT H, Sec�on 2.2.3 Department of Correc�ons Custody.

Our Question: Would FDLE consider modifying the order sequence of the requirements list?

Currently it includes an item j, in between requirements c and d.

Answer #13 See Addendum # 1.

Question #14 Regarding ATTACHMENT H, Sec�on 2.2.4, Iden�fica�on Only.

Our Question: Would FDLE consider modifying the order sequence of the requirements list?

Currently it includes an item k, in between requirements b and c.

Answer #14 See Addendum # 1.

Question #15 Regarding ATTACHMENT H, Sec�on 2.2.5, Quick ID.

Our Question: Would FDLE consider modifying the order sequence of the requirements list?

Currently it includes an item I, in between requirements b and c.

Answer #15 See Addendum # 1.

Question #16 The ITN requires compliance with FDLE provided Interface Control Documents (BIS ICD). The provision of these ICDs implies that existing Commercial Off the Shelf (COTS) software applications are not required to be currently configured to comply with all workflows. If that is correct, then when does FDLE require that the software application is compliant with the ICDs? (e.g. upon proposal submission, upon award, at demonstration phase, or some period of time after award?)

Answer #16 Vendors must show how their workflows will be compliant with the provided ICDs upon demonstration, but actual compliance will not be required until devices are rolled out to users in the field.

Question #17 The Price Reply Sheet (Attachment K) provides a tab for pricing labeled “TENPRINT” and a tab labeled “ADDITIONAL OFFERINGS”. The ITN refers to a need for multiple system configurations (ruggedized, desktop, mobile) and support items (inside delivery, set-up, installation, training).

The need for criminal enrolment requires the need for palm scan devices in addition to tenprint devices. In order to fully reply to all requirements, can an offeror add tabs to Attachment K to more clearly respond to stated requirements?

Answer #17 No additional tabs will be added. If the tenprint LiveScan device does not include palm print capture capabilities, a separate peripheral must be provided and included in the tenprint device package that interfaces with the LiveScan. Palm print capture capability is a requirement for criminal tenprint devices.

Question #18 The ITN does not define any contract line items or pricing structure for the solution. How does FDLE intend to evaluate pricing?

Answer #18 See Section 3.4 Price Reply. The lowest total contract price including renewal year options.

Question #19 The Price Reply Sheet (Attachment K) provides a tab for pricing labeled “TENPRINT” and a tab labeled “ADDITIONAL OFFERINGS”. Is there additional guidance on what items are to be priced on the “ADDITIONAL OFFERINGS” tab? Are “ADDITIONAL ITEMS” part of the pricing evaluation?

Answer #19 See Addendum #1. The additional items section is not part of the pricing evaluation.

ATTACHMENT H

TECHNICAL REPLY INSTRUCTIONS AND EVALUATION CRITERIA

SECTIONS 2.2.2, 2.2.3, 2.2.4. AND 2.2.5

2.2.2 Registrant

Registrant workflow must be compliant with the Interface Control Document for Florida Department of Law Enforcement Biometric Workflow (BIS ICD), and must:

a. Assign TCN & OBTS number.

b. Collect full tenprint fingerprint impressions – rolled, plain/slaps, and palms.

c. Capture a mugshot via digital camera or configurable folder via standalone mugshot system.

d. Provide an entry screen for entering demographics, charge information, and all additional required or optional data elements for a registration transaction. Data field requirements are outlined in the BIS ICD.

e. Entry screen should mandate all required fields and should apply validations to all fields.

If a required field is not completed or a field does not pass a data edit, the system should notify the user and prevent the transaction from being submitted.

f. Provide an Application Programming Interface (API) for exchanging demographic and charge information via the agency’s Records Management System and/or Jail Management System.

The API for exchanging information with a Records Management System and/or Jail Management System must conform to the National Information Exchange Model (NIEM) version of the Electronic Biometric Transmission Specification

(EBTS).

g. Transmit the fingerprints, palm prints, mug shots, demographics and charge information to the FDLE BIS using the appropriate Type of Transaction (TOT) as defined in the BIS ICD.

h. Receive and process the responses to the TOT submitted as defined in the BIS ICD.

2.2.3 Department of Corrections Custody:

Department of Corrections Custody workflow must be compliant with the Interface Control Document for Florida Department of Law Enforcement Biometric Workflow (BIS ICD), and must:

a. Assign TCN & OBTS number.

b. Collect full tenprint fingerprint impressions – rolled, plain/slaps, and palms.

c. Capture a mugshot via digital camera or configurable folder via standalone mugshot system.

d. Provide an entry screen for entering demographics, custody information, and all additional required or optional data elements for a custody transaction. Data field requirements are outlined in the BIS ICD.

e. Entry screen should mandate all required fields and should apply validations to all fields.

If a required field is not completed or a field does not pass a data edit, the system should notify the user and prevent the transaction from being submitted.

f. Provide an Application Programming Interface (API) for exchanging demographic and charge information via the agency’s Records Management System and/or Jail Management System.

The API for exchanging information with a Records Management System and/or Jail Management System must conform to the National Information Exchange Model (NIEM) version of the Electronic Biometric Transmission Specification

(EBTS).

g. Transmit the fingerprints, palm prints, mug shots, demographics and charge information to the FDLE BIS using the appropriate Type of Transaction (TOT) as defined in the BIS ICD.

h. Receive and process the responses to the TOT submitted as defined in the BIS ICD.

2.2.4 Identification Only

Identification Only workflow must be compliant with the Interface Control Document for Florida Department of Law Enforcement Biometric Workflow (BIS ICD), and must:

a. Assign TCN & OBTS number.

b. Collect full tenprint fingerprint impressions – rolled, plain/slaps.

c. Provide an entry screen for entering all required or optional data elements for an identification only transaction. Data field requirements are outlined in the BIS ICD.

d. Entry screen should mandate all required fields and should apply validations to all fields.

If a required field is not completed or a field does not pass a data edit, the system should notify the user and prevent the transaction from being submitted.

e. Transmit the fingerprints and other data fields to the FDLE BIS using the appropriate Type of Transaction (TOT) as defined in the BIS ICD.

f. Receive and process the responses to the TOT submitted as defined in the BIS ICD.

2.2.5 Quick ID

Quick ID workflow must be compliant with the Interface Control Document for Florida Department of Law Enforcement Biometric Workflow (BIS ICD), and must:

a. Assign TCN & OBTS number.

b. Collect fingerprint impressions.

c. Provide an entry screen for entering all required or optional data elements for a quick id transaction. Data field requirements are outlined in the BIS ICD.

d. Entry screen should mandate all required fields and should apply validations to all fields.

If a required field is not completed or a field does not pass a data edit, the system should notify the user and prevent the transaction from being submitted.

e. Transmit the fingerprints and other data fields to the FDLE BIS using the appropriate Type of Transaction (TOT) as defined in the BIS ICD.

f. Receive and process the responses to the TOT submitted as defined in the BIS ICD.

ATTACHMENT K

AMENDED PRICE REPLY SHEET

The Price Reply Sheet has been attached separately to the Addendum 1 Informational Notice.

ATTACHMENT L

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

Contract FDLE-XXX-XX

This Contract, by and between , a company duly authorized to conduct business with the State of Florida, whose business address is (hereinafter referred to as Contractor), and the State of Florida's Department of Law Enforcement, (hereinafter referred to as FDLE), WITNESSETH THAT:

WHEREAS, FDLE issued Solicitation Number ITN 2420 and the Contractor submitted a reply to _________________________________________________; and

WHEREAS, Contractor desires to enter into a Contract with FDLE to provide certain products and services;

and

WHEREAS, FDLE desires to enter into a Contract with Contractor in order to acquire certain Contractor supplied products and services; and

NOW THEREFORE, Contractor and FDLE for and in recognition of considerations hereinafter set forth, do hereby agree as follows:

This Contract shall be comprised of the following documents, attachments, addenda and any subsequent amendments to this Contract. These documents, attachments, addenda and amendments shall govern the services provided by the Contractor and are hereby incorporated in, and are made a part of, this Contract.

The order of precedence is as indicated below. Subsequent amendments take first precedence, with the most current documents or updates of the documents controlling in the event of a conflict between differing versions of a document which form part of or are incorporated in this Contract.

The documents specified below are hereby incorporated in, and are a part of, this Contract (including this document, captioned “Contract FDLE-XXX-XX” which shall be first in order of precedence, with exception those sections stated below):

• The Contract document;

• The documents and materials attached to or incorporated by reference in the Contract including the approved final Technical Reply (Attachment H);

• The FDLE-ITN-2420 solicitation as modified by any applicable Addendum to the FDLE-ITN-

2420;

• The Contractor’s Response; and

• The documents and materials attached to or incorporated by reference in the Contractor’s

Response

1. CONTRACT TERM

A. Initial Term

The term of this Contract shall begin from the last date signed by the parties below and continue for a period of three (3) years following execution.

B. Renewal Term The State reserves the right, at its sole discretion, to renew the Contract for up to three (3) additional years beyond the initial term, by exercising up to three (3) one (1) year renewal options. Renewal of the Contract shall be in writing and shall be subject to the terms and conditions set forth in the existing Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds.

2. Deliverables (to be included post-award)

Deliverable Due Minimum Performance

Required Financial Consequence

3. Statement of Work (to be included post-award)

4. Pricing (to be included post-award)

FLORIDA DEPARTMENT OF LAW ENFORCEMENT STANDARD TERMS AND CONDITIONS

1. PUR 1000 – General Contract Conditions https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Con ditions.pdf

The State of Florida General Terms and Conditions (PUR 1000) are hereby referenced and incorporated in their entirety into this Contract. This is a downloadable document. Potential Respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare Replies accordingly. The Florida Department of Law Enforcement Standard Terms and Conditions supersedes any contract condition otherwise duplicated herein.

2. American with Disabilities Act (ADA) Civil Rights Compliance

CONTRACTOR represents and warrants that it will comply with all Equal Accessibility laws, regulations and standards under Sections 251 & 255 of the Telecommunications Act of 1996, Titles I, II, III & IV of the Americans with Disabilities Act (ADA) [42 USC 12101 et seq.], and Sections 504 and 508 of the Federal Rehabilitation Act amendments [29 USC 794 et seq.], and the Assistive Technology Act of 1998. These standards establish a minimum level of accessibility.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

CONTRACTOR will indemnify the customer against any litigation stemming from a lack of compliance with the above laws, regulations and standards.

3. Antitrust Violations

Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

4. Change Management

CONTRACTOR and FDLE will adhere to the following process to document and track changes to the Agreement, including the Statement of Work (SOW). Requests for changes to the SOW or Agreement will be initiated by using the changes procedures and Project Change Request form. The Project Change Request may be prepared by CONTRACTOR or FDLE. The Project Change Request will be signed by the Project Managers for CONTRACTOR and FDLE to be considered a formal, official change request. FDLE will assign a project change number to the request. Changes that affect price or result in the incursion of additional expense by the FDLE will require a Contract amendment, in addition to the Project Change Request, which must be signed by authorized representatives for CONTRACTOR and FDLE before any work is performed or expenses incurred. No request for any alteration, modification or additional work which will materially change the SOW or the cost of the Agreement will be valid unless the resulting change has been agreed upon in writing by CONTRACTOR and FDLE in the form of a Contract amendment. The term “material change” includes, but is not limited to, changes which result in an increase in contract price, changes to the scope of work (excluding product changes or deliverable date changes) and any changes to the contract begin/end date(s), including extension or renewal. No oral statement of any person will, in any manner or degree, modify or otherwise affect the terms of this Agreement.

5. Compliance with Laws

The Contracting Party 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. Violation of such laws may be grounds for contract termination.

6. Confidential Information

Confidential Information” means information or materials provided by one party to the other which are: i) in tangible form and labeled “confidential” or the like; ii) if disclosed orally, are identified as being confidential at the time of disclosure; or iii) such that a reasonable person would consider it confidential from the nature of the information and circumstances of disclosure. The receiving party will hold the Confidential Information in strict confidence, will use it only for purposes of this Agreement, and disclose it only to employees and agents who have a need to know such Confidential Information and who have agreed to abide by the terms of this Section prior to disclosure. The receiving party will exercise the same care in preventing the unauthorized disclosure or use of the Confidential Information that it takes to protect its own information of a similar nature, which in no event will be less than reasonable care. The restrictions on the use and disclosure of Confidential Information specified hereunder will not apply to information: (i) which is independently developed by the receiving party or lawfully received from another source without breach of this Agreement; (ii) which is or becomes generally available to the public without breach of this Agreement by the receiving party; (iii) which at the time of disclosure was known to the receiving party; (iv) which is disclosed to unaffiliated third Parties without restriction by the disclosing party; or (v) which is disclosed pursuant to law, judicial order, or government regulations so long as the receiving party promptly notifies the disclosing party prior to disclosure and cooperates with the disclosing party in the event that the disclosing party elects to contest or avoid such judicial or governmental disclosure, whether by seeking a protective order or otherwise. FDLE information which is made confidential or exempt from disclosure by law will retain that status notwithstanding the occurrence of the specified exceptions to restrictions on use and disclosure, to the extent permitted by law. FDLE agrees to maintain the confidentiality of Confidential Information, as that term is used in this Agreement, received from CONTRACTOR, to the extent this can be accomplished without violating Florida Law regarding public records, as set forth in Chapter 119, Florida Statutes. In particular, FDLE agrees to maintain the confidentiality of Confidential Information to the extent such information constitutes Trade Secret Information, as that term is used in Section 815.045, Florida Statutes, and as defined at Section 812.081(1)(c), Florida Statutes.

All FDLE data which may be provided to the Contractor by FDLE will remain the exclusive property of FDLE and may not be copied or removed by Contractor personnel without the express written permission of FDLE.

CONTRACTOR is responsible for the actions of its agents and subcontractors with respect to protection of confidential law enforcement and other types of confidential data. CONTRACTOR is expressly prohibited from transferring FDLE data, by any means and in any medium or format, outside of the United States in performing the work defined in this Agreement.

7. Contract Manager

The Department’s Program/Regional Contract Manager for this Contract shall be:

Name:

Title:

Street Address:

City/State/Zip:

Phone Number:

Email:

8. Contracting Party Employees, Subcontractors, and Other Agents

Contracting Party will be an independent contractor, and not the agent or servant of the Department and will not be entitled to any benefits granted employees of the State of Florida. The Department and the State shall take all actions necessary to ensure that Contracting Party's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contracting Party's employees, subcontractors, and other agents receive benefits and necessary insurance from an employer other than the State of Florida. Each party agrees to assume complete responsibility for its own employees with regard to federal or state employers' liability and withholding tax, worker's compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements and other federal, state and local laws.

The Contracting Party will have complete supervision and control over its own agents, servants and employees. The Contracting Party will ensure that personnel of any agent or subcontractor are trained, qualified, and available to perform the services for which they are contracted to perform.

The Contracting Party is responsible for managing the relationship with all subcontractor organizations, for directing and managing the work efforts of subcontractor personnel, and for the quality of the work of subcontractor personnel. Upon request, Contracting Party shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the contract must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the contract.

9. Controlling Law

All matters, whether sounding in tort or contract, relating to the validity, construction, interpretation, performance and enforcement of this contract shall be determined by the laws of the State of Florida.

The exclusive venue of any legal or equitable action that arises out of or relates to the contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial.

10. Contractor’s Responsibilities under Termination

After receipt of notice of termination, and except as otherwise specified by the Department, the Contractor shall (i) stop work under this Agreement on the date, and to the extent specified, in the notice; (ii) place no further order(s) or subcontract(s) for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Agreement that is not terminated;

(iii) complete performance of such part of the work as shall not have been terminated by the Department; and (iv) take such action as may be necessary, or as the Department may specify, to protect and preserve any property or data related to this contract which is in the possession of the contractor(s) and in which the Department has or may acquire an interest.

Upon the effective date of termination of the Agreement, the Contractor shall transfer, assign, and make available to FDLE all property, materials, and data belonging to the Department, all rights and claims to any and all reservations, contracts and arrangements with subcontractors, or others, and shall make available to the Department all written information regarding the performance of the Agreement.

Any data transferred shall be in a format specified by the Department. No extra compensation will be paid to the Contractor for its services in connection with such transfer or assignment. The Department concurrently with such transfer or assignment reserves the option to assume the obligations of the Contractor if any, on all non- cancelable contracts with third parties.

11. Cooperation with the Inspector General

Pursuant to section 20.055(5), Florida Statutes, the 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.

12. Discrimination

In the performance of such services, the Contracting Party agrees not to discriminate against any employee or applicant for employment on grounds of race, creed, color, sex, age, national origin, or disability.

13. Dispute Resolution

Any dispute concerning performance of the Contract which cannot be resolved by informal discussion between the FDLE and the Contractor will be referred to negotiation to be conducted by the FDLE General Counsel. If FDLE and Contractor's representatives are unable to resolve the dispute within five (5) business days after commencing negotiations, or fifteen (15) calendar days have passed since the initial request for negotiations at this level, then the Parties will be entitled to discontinue negotiations, to seek to resolve the dispute through mediation as hereinafter provided or, if the Parties do not agree to submit the dispute to non- binding mediation, to seek any and all rights and remedies that may be available under this Agreement, at law or in equity.

Mediation must occur within twenty (20) business days after the Parties agree to submit the dispute to mediation. The Parties mutually will select an independent mediator experienced in IT systems and services agreements, and each will designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation will be left to the discretion of the mediator and the designated Party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other Party.

If the Parties are unable to resolve a dispute through the dispute resolution processes described in this Section, then either party may seek any and all rights and remedies that may be available under this Agreement, at law or in equity.

All Contractor obligations related to project activities and support services under this Contract will continue without interruption during disputes unless suspended by FDLE or unless the dispute relates to non-payment by FDLE. FDLE reserves the right to withhold payments during disputes relating to breach by Contractor. The failure of FDLE to release payment during disputes relating to breach by Contractor will not constitute a breach or default by FDLE.

14. Effective Date

This Contract shall be effective when signed by the Contracting Party and the Department.

15. Execution in Counterparts

The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

16. E-Verify

The Department shall consider the employment by any contractor of unauthorized aliens a violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any subcontractors are required to register with and use the E-Verify system operated by the U.S. Department of Homeland Security beginning on January 1, 2021. The Contracting Party and any subcontractors are prohibited from entering into contracts with one another unless all parties register and use the E-Verify system.

Subcontractors who enter into contracts with the Contracting Party are required to provide a certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are required to terminate a contract if a party has a good faith belief that another party is in violation of F.S. 448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief that the subcontractor has violated these requirements, but that the Contracting Party has otherwise complied, the public employer must notify the Contracting Party to terminate its contract with the subcontractor. A party may challenge a contract termination in accordance with these requirements. A penalized Contractor is prohibited from obtaining another contract with a public employer for at least one year.

The website for E-Verify registration may be located at Home (e-verify.gov)

17. Federal Grants If applicable, the obligation of the FDLE to make payments under this Agreement may be contingent upon the availability of federal grant funds. FDLE and CONTRACTOR anticipate that payment for complete performance of this Agreement may require renewal (extension) of currently available Grants. Therefore, FDLE will apply for six-month extensions of the applicable Grants as soon as such applications may be submitted under Federal rules and policies, but in no event earlier than ninety

(90) days prior to the expiration of the applicable Grants. Acknowledging that FDLE will use its best efforts to assure that adequate funding is available for the payments due CONTRACTOR upon acceptance of Deliverables, CONTRACTOR agrees that it will not look to a funding source other than the applicable Grants for payment under this Agreement. FDLE will, within five (5) business days, notify CONTRACTOR if it learns that applicable Grants will in fact not be sufficient to pay all amounts owed and expected to be owed under the Agreement. Upon such notification, FDLE will cooperate with CONTRACTOR to ensure that no Deliverables for which payment cannot be made are forthcoming, and will issue a Stop Work Order unless otherwise agreed by the Parties. In such event, FDLE will nonetheless use best efforts to ensure CONTRACTOR is paid for unpaid Services and COTS Products provided by CONTRACTOR and accepted by FDLE in accordance with the SOW.

Notwithstanding the foregoing, CONTRACTOR agrees that FDLE will not be liable to CONTRACTOR for any claim or action arising under or in connection with CONTRACTOR’s products and services provided under this Agreement in an amount in excess of FDLE’s available grant funding.

18. Financial Consequences for Contractors Failure to Perform

If the Contracting Party fails to meet the minimum level of service or performance identified in this agreement, or is customary for the industry, then the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments until the deficiency is cured, tendering only partial payments, imposition of other financial consequences per FDLE Special Conditions (as applicable), and termination of contract and https://www.e-verify.gov/ requisition of goods or services from an alternate source. Any payment made in reliance on Contracting Party’s evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due to the Department as an overpayment.

19. Insurance Requirements

During the Contract term, the Contracting Party 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.

Providing and maintaining adequate insurance coverage is a material obligation of the Contracting Party. Upon request, the Contracting Party shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contracting Party shall not be interpreted as limiting the Contracting Party’s liability and obligations under the contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida.

20. Intellectual Property

The parties do not anticipate that any intellectual property will be developed as a result of this contract.

However, subject to Section 287.057(k) Florida Statutes, any intellectual property developed as a result of this Contract will belong to and become the sole property of the state. The rights conveyed to the state pursuant to this Agreement do not include rights to any preexisting Intellectual Property used, developed and refined by the Contracting Party and its subcontractors during their provision of Services under this Agreement. This provision will survive the termination or expiration of any Contract.

21. Invoicing

All invoices or bills for fees or other compensation for services, or expenses shall be submitted with reasonable detail for a proper pre-audit and post-audit thereof, to comply with Section 287.058(1) (a), Florida Statues. This information will include Contractor Name and remit to address; Contractor billing contact phone number and/or email address; Contractor FEID number; Contract number; Month/Year Billing term; detailed deliverable number with description; and payment amount due.

Invoices must be submitted to:

Florida Department of Law Enforcement Attn: Accounts Payable PO Box 1489 Tallahassee, Florida 32302 Phone: 850-410-7155 Email: FDLEAccountsPayable@fdle.state.fl.us

Whenever this Contract is terminated with or without cause, all amounts due shall be pro-rated.

22. The Department is Self-Insured

The Department is self-insured for its torts to the extent provided in Section 768.28, Florida Statutes, to cover bodily injury, death and property damage arising as a consequence of the acts and omissions to act of its officers, employees, and agents. The Department is without authority to insure the contracting party in any way. The Department shall not be deemed to assume any liability for the acts, mailto:FDLEAccountsPayable@fdle.state.fl.us omissions to act and negligence of the Contracting Party, its agents, servants and employees; nor shall the Contracting Party exclude liability for its own negligence to the Department or any third party, except as allowed by law and agreed to by the Department. The Department is without authority to indemnify or hold harmless the Contracting Party.

Unless authorized by law and agreed to in writing, the Department shall not be liable to pay attorney fees, interest, late charges and service fees and/or costs of collection.

23. Modification of Terms

The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and the Contracting Party and any communications, promises, representations or agreements, not included in writing in this contract, shall not be binding upon any party. The Contract may only be modified or amended upon mutual written agreement of the Department and the Contracting Party. No oral agreements or representations shall be valid or binding upon the Department or the Contracting Party. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Department. The Contracting Party may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contracting Party’s order or fiscal forms or other documents forwarded by the Contracting Party for payment. The Department's acceptance of product or processing of documentation on forms furnished by the Contracting Party for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

24. MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.

Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

25. Non-Material Errors

CONTRACTOR and FDLE agree that non-material errors in contract language, terms and conditions (e.g., typos and other obvious errors) will be correctable without amending the Agreement provided that the nature of the Agreement is not altered by such correction.

26. Non-Solicitation

Unless otherwise agreed to by the Parties in writing, during the term of the Agreement and for a period of one (1) year after termination of the Agreement, neither party, as between CONTRACTOR and, collectively, FDLE will directly or indirectly solicit, hire or otherwise retain as an employee or independent contractor a staff member of the other party or a former staff member that is or was involved with the Agreement.

27. Notices

Whenever notice is required to be given by Certified Mail, Return Receipt Requested or private carrier express mail service, it shall be deemed to have been given on the date shown on the return receipt, or date of actual delivery, whichever is earlier.

Change of address, as well as, any other notice(s) required by this contract shall be delivered to the Department of Law Enforcement for the attention of:

FDLE Off-Site Mail Facility Office of General Services 813-B Lake Bradford Road Tallahassee, Florida 32399 FDLEOGSContracts@fdle.state.fl.us

And to the Contracting Party for the attention of:

Name:

Title:

Street Address:

City/State/Zip:

Phone Number:

Email:

28. Payment

The State of Florida cannot make deposits or pay for goods and/or services in advance unless approved under rules issued by the Florida Department of Financial Services. The Department is not authorized to pay to Contracting Party any deposit for services to be rendered or equipment to be purchased in the future.

Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the Contracting Party's rights and the Department's responsibilities concerning interest penalties and time limits for payment of invoices. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at 850-413-5516.

mailto:FDLEOGSContracts@fdle.state.fl.us

29. Public Records

This contract shall be unilaterally canceled by the Department for refusal to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with the contract.

Pursuant to Section 119.0701, Florida Statutes, Contractor agrees to keep and maintain public records required by the FDLE to perform the service. Upon request from FDLE’s custodian of public records, Contractor agrees to provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes.

The Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements 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 FDLE.

Upon completion of the contract, Contractor shall transfer, at no cost, to FDLE all public records in possession of Contractor or keep and maintain public records required by FDLE to perform the service.

If 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, in a format that is compatible with the information technology systems of FDLE.

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 850-410-7676, PUBLICRECORDS@FDLE.STATE.FL.US, OR VIA MAIL AT P.O. BOX 1489, ATTN: PUBLIC RECORDS

DIVISION, TALLAHASSEE, FL 32302.

The Contractor agrees to the provisions of Section 287.057(16), Florida Statutes, and shall maintain throughout the term of the contract and at least four (4) years thereafter, detailed current records, including documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices. All such records shall be made available for inspection and copying upon request in accordance with Chapter 119, Florida Statutes.

In accordance with Section 215.985(16), Florida Statutes, this contract is subject to inclusion in the Florida Public Accountability Tracking System (FACTS) database and subject to posting, in whole or in part, on the Internet.

30. Right to Audit

Pursuant to Section 216.1366, Florida Statutes, in order to preserve the interest of the state in the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial records , papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds, and (b) Programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the mailto:PUBLICRECORDS@FDLE.STATE.FL.US

Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within ten (10) business days after the request is made.

31. Renewal

There shall be no automatic renewal of this contract. Contracts for commodities or contractual services may be renewed for a period not to exceed three (3) years or for a period no longer than the original term of the contract, whichever is longer. Renewal contracts may not include any compensation for costs associated with the renewal. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Contracts procured on an emergency or single source basis may not be renewed.

32. Scrutinized Companies List (applies to all contracts)

Pursuant to Section 215.473, Florida Statutes, the Contracting Party guarantees that (1) it is not participating in a boycott of Israel, and (2) it is not on the Scrutinized Companies that Boycott Israel List.

Contracting Party agrees that this contract is subject to immediate termination for cause if the Contracting Party is, in FDLE’s sole discretion, determined to be noncompliant with any of the above-listed restrictions at any time during the life of the contract.

33. Scrutinized Companies Lists (applies only to contracts for $1 million or more)

Pursuant to Section 215.473, Florida Statutes, the Contracting Party guarantees that (1) it is not on the Scrutinized Companies with Activities in Sudan List, (2) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and, (3) it does not have business operations in Cuba or Syria. Contracting Party agrees that this contract is subject to immediate termination for cause if the Contracting Party is, in FDLE’s sole discretion, determined to be noncompliant with any of the above-listed restrictions at any time during the life of the contract.

34. Severability

Any provision of this contract in violation of the laws of the State of…