FDVA-ITB-24-001B Agency-Wide Timekeeping Sys.pdf

Florida Department of Veterans’ Affairs Agreement No.: FDVA-ITB-24-001B

Agreement Title: Agency Wide Timekeeping System

STATE OF FLORIDA

DEPARTMENT OF VETERANS’ AFFAIRS

INVITATION TO BID (ITB)

SOLICITATION NO.: FDVA-ITB-24-001B

“AGENCY WIDE TIMEKEEPING SYSTEM”

SUBMIT ALL INQUIRIES IN WRITING (VIA E-MAIL) TO:

VINCENT HYLAND

PURCHASING SPECIALIST

FLORIDA DEPARTMENT OF VETERANS’ AFFAIRS

MARY GRIZZLE STATE OFFICE BUILDING

11351 ULMERTON ROAD, SUITE 311-K

LARGO, FLORIDA 33778-1630

EMAIL: FDVA.PURCHASING@FDVA.FL.GOV

mailto:FDVA.Purchasing@FDVA.FL.GOV http://floridavets.org/ http://floridavets.org/resources/

TABLE OF CONTENTS

TITLE PAGE

TITLE PAGE

TABLE OF CONTENTS

SECTION “I” INTRODUCTION ............................................................................................................... 3-4

SECTION “II” RESPONDENT INSTRUCTIONS ..................................................................................... 5-8

SECTION “III” STATEMENT OF WORK .............................................................................................. 9-17

SECTION “IV” GENERAL AGREEMENT (“DRAFT”) ....................................................................... 18-24

FORM “1” RESPONDENT’S ACKNOWLEDGMENT

FORM “2” BID FORM .......................................................................................................................... 26-28

FORM “3” RESPONDENT’S REFERENCES ..................................................................................... 29-31

FORM “4” ADDENDUM ACKNOWLEDGMENT

FORM “5” ATTESTATION OF NO CONLFICT

FORM “6” DRUG-FREE WORKPLACE CERTIFICATION

FORM “7” NON-COLLUSION AFFIDAVIT

FORM “8” HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)…………...36

SECTION “I”

INTRODUCTION

CONTENTS:

1. Issuing Office.

2. Purpose and Scope.

3. Mandatory Pre-Bid Meeting and On-Site Visit.

4. Timeline.

5. Public Meeting Agendas.

6. Terms and Conditions.

7. Protest.

1. Issuing Office.

a) The sole points of contact with the Florida Department of Veterans’ Affairs (FDVA), for purposes of this solicitation, are the Primary and Alternate Contacts as identified below:

Primary Contact

Alternate Contact

Vincent Hyland Purchasing Specialist Mary Grizzle State Office Building Florida Department of Veterans’ Affairs 11351 Ulmerton Road, Suite 311-K Largo, FL 33778-1630 Telephone: (727) 518-3202, Ext. 5555 E-mail: FDVA.Purchasing@FDVA.FL.GOV

Scott Gerke Purchasing Officer Mary Grizzle State Office Building Florida Department of Veterans’ Affairs 11351 Ulmerton Road, Suite 311-K Largo, FL 33778-1630 Telephone: (727) 518-3202, Ext. 5557 E-mail: FDVA.Purchasing@FDVA.FL.GOV

b) Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. FDVA shall not be bound by any information from whatever source that is not expressly contained within this solicitation and any issued addendum.

2. Purpose and Scope. FDVA invites interested Contractors to submit bids in accordance with this solicitation. The purpose of this solicitation is to establish an Agreement for Contractor provision of integrated timekeeping, terminals (three per site with two spares held in a FDVA central location), leave accruals management, and advanced scheduling capabilities with extensive experience in the healthcare and long-term care space all in a unified platform from a single vendor solution must have a proven interface with Florida’s People First system to automate the entry of all time and leave accruals-related information into the system for the FDVA 11351 Ulmerton Rd Largo, FL 33778. For further details, see Section III “Statement of Work”.

3. Timeline. It is the Contractors responsibility to monitor the State of Florida Vendor Information Portal (VIP) for any updates or changes regarding this solicitation. The below dates and times are subject to change without notice:

4. Public Meeting Agendas.

a) Bid Opening Meeting (reference below) Timeline:

b) Opening Remarks and Introductions.

c) Bid Opening and Tabulation (Announcement of Company Name and Total Bid Price).

d) Public Comment Opportunity.

e) Closing Remarks and Adjournment.

6. Terms and Conditions.

a) The State of Florida’s General Contract Conditions are outlined in Form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1000 where applicable.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000.pdf

b) The State of Florida’s General Instructions to Respondents are outlined in Form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over Form PUR 1001 where applicable.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001.pdf

If you are unable to access Forms PUR 1000 or PUR 1001, you may contact the FDVA Primary Contact at the email address provided above to obtain a copy of these documents. If you are hearing or speech impaired, please contact Florida Relay Services at 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice).

7. Protest. Any protest concerning this solicitation shall be made in accordance with Section 120.57(3) and 287.042(2), Florida Statutes and Chapter 28-110 of the Florida Administrative Code. Questions to FDVA Primary or Alternate Contact shall not constitute formal notice of a protest. It is FDVA’s intent to ensure that specifications are written to obtain the best value for the State of Florida, ensure competitiveness, fairness, necessity and reasonableness in the solicitation process, and meet FDVA requirements.

a) Section 120.57(3)(b), Florida Statutes and Rule 28-110.003, Florida Administrative Code:

Requires that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.

b) Section 120.57(3)(a), Florida Statutes: Requires the following statement to be included in the solicitation: "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.”

c) Rule 28-110.005, Florida Administrative Code: Requires the following statement to be included in the notice of decision or intended decision: "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”.

Any protest concerning FDVA decision must be timely received by FDVA Agency Clerk at: Florida Department of Veterans’ Affairs, Office of the General Counsel - Agency Clerk, The Capitol, Suite 2105, 400 South Monroe Street, Tallahassee, FL 32399-0001.

EVENT

EVENT DATE

Issue Invitation to Bid (ITB).

Thursday, October 05, 2023

Respondents Written Questions Due (By 3:00 PM Local Time).

Tuesday, October 17, 2023

“Anticipated” Posting of FDVA Response to Respondent Questions.

Friday, October 20, 2023

Bid Due Date/Time and Opening (By 3:00 PM Local Time).

Friday, November 03, 2023

“Anticipated” Posting of FDVA Notice of Intent to Award.

Tuesday, November 14, 2023

“Anticipated” Execution of Agreement / Contract Commencement Monday, November 27, 2023 https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001.pdf

SECTION “II”

RESPONDENT INSTRUCTIONS

CONTENTS:

1. Cost Incurred.

2. Respondent Registration.

3. Florida Secretary of State Registration.

4. Form W-9 Requirement.

5. State of Florida Vendor Information Portal (VIP).

6. Florida Veteran Business Enterprise Opportunity Act.

7. Certified Minority Business Enterprises (CMBE).

8. Respondent Questions and FDVA Addendum.

9. Qualifications.

10. Bid Guidelines.

11. Sealed Bid.

12. Submission of Bid.

13. Withdrawal of Bid.

14. Modification of Bid.

15. Bid Opening.

16. Rights of FDVA.

1. Cost Incurred. All expenses involved with Respondent preparation and submission of its bid to FDVA, or any work performed in connection therewith, shall be born solely by the Respondent. No payment will be made for any bids received, or for any other effort required of, or made by Respondent or the successful Contractor.

2. Respondent Registration. Respondent must be fully registered with the State of Florida’s “My Florida Market Place” procurement system by the bid opening due date and time as provided in the Timeline.

Respondent must register on-line at website https://vendor.myfloridamarketplace.com. Respondent’s failure to do so may result in the Respondent being considered non-responsive and prevent the awarded Contractor from transacting any business with FDVA. For assistance, Respondent shall contact the State of Florida Vendor Help Desk at 866-352-3776.

3. Florida Secretary of State Registration. Respondent, whether a domestic or foreign entity, must register with the Florida Secretary of State (Florida Department of State, Division of Corporations), as well as secure and include its certificate of authority with its sealed submitted bid, by the bid opening due date and time as provided in the Timeline. Respondent failure to do so may result in the Respondent being considered non-responsive. Further, awarded Contractor must maintain its registration and certificate of authority with the Florida Secretary of State (Department of State, Division of Corporations) for the life of the Agreement. Failure to do so will prevent the awarded Contractor from transacting any business with FDVA. For assistance, Respondent shall access the Florida Department of State, Division of Corporations website http://search.sunbiz.org.

4. Form W-9 Requirement. Respondents must register and submit its electronic Form W-9 to the State of Florida Department of Financial Services (DFS). Respondent’s failure to do so, by the bid opening due date and time as provided in the Timeline, may result in the Respondent being considered non-responsive and prevent the awarded Contractor from transacting any business with FDVA. The Internal Revenue Service (IRS) receives and validates all Respondent Form W-9 information. To view compliance instructions and submit Form W-9, Respondent must access website https://flvendor.myfloridacfo.com/.

For assistance, Respondent shall contact the State of Florida Vendor Form W-9 Help Desk at 850-413- 5519.

5. State of Florida Vendor Information Portal (VIP). Respondent must register on-line via https://vendor.myfloridamarketplace.com for electronic notification of solicitations from the State of Florida’s Vendor Information Portal (VIP). Respondent failure to do so may result in the Respondent being considered non-responsive. The State of Florida and FDVA are not under any obligation and do not https://vendor.myfloridamarketplace.com/ http://search.sunbiz.org/ https://vendor.myfloridamarketplace.com/ guarantee that vendors will receive electronic notifications concerning the posting of notices, addendum, intent to award, as well as withdrawal, cancellation, or close of solicitations. Vendors are solely responsible for monitoring the State of Florida’s Vendor Information Portal (VIP) for new or changing information concerning solicitations. For assistance, Respondent shall contact the State of Florida Vendor Help Desk at 866-352-3776 or via email address vendorhelp@myflorida.com.

6. Florida Veteran Business Enterprise Opportunity Act. In accordance with the Florida Veteran Business Enterprise Opportunity Act, Section 295.187, Florida Statutes, a state agency, when considering two or more bids for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. Notwithstanding Section 287.057(11), Florida Statutes, if a veteran business enterprise entitled to the vendor preference under this section and one or more businesses entitled to this preference or another vendor preference provided by law submit bids for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the state agency shall award the procurement or contract to the business having the smallest net worth. Information on certification procedures for vendor preference programs is available from the Office of Supplier Diversity (OSD) website http://osd.dms.state.fl.us, by phone at 850-487-0915, or via email at OSDHelp@dms.myflorida.com.

7. Certified Minority Business Enterprises (CMBE). Respondents are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on CMBE procedures and programs is available online from the Office of Supplier Diversity (OSD) website http://osd.dms.state.fl.us, by phone at 850-487-0915 or via email at OSDHelp@dms.myflorida.com.

8. Respondent Questions and FDVA Addendum. No negotiations, decisions, or actions will be initiated or executed by a Respondent because of oral discussions with any FDVA or State of Florida employee. Only Respondent written questions, which are signed by persons authorized to contractually bind the Respondent, will be recognized by FDVA as duly authorized expression on behalf of the Respondent. Respondent written questions must be submitted via email (in e-mail body or attached MS Word document), by the deadline as provided in the solicitation’s Timeline, to the Primary Contact Person in Section I of this solicitation. FDVA reserves the right to issue addendum(s) to solicitations, only those communications will be considered as a duly authorized expression on behalf of FDVA. Addendum(s) will contain FDVA clarifications or responses to Respondent questions, as well as details that identify formal changes to the solicitation. In accordance with the solicitation’s Timeline, FDVA addendum shall be published on the State of Florida Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com. If no written inquiries are submitted by a Respondent, all conditions and requirements specified within the solicitation shall be deemed accepted and understood by the Respondent. Each Respondent is solely responsible for monitoring the State of Florida Vendor Information Portal (VIP) for new or changing information concerning all solicitations.

9. Qualifications. Award of the Agreement, in all respects of this solicitation and any issued addendum, shall be made to the Respondent whose bid is determined to be the lowest responsive, responsible bid, a determination that shall be made solely at the discretion of FDVA. The Respondent affirms and declares that Respondent has:

a) The capacity to do business within the State of Florida.

b) The necessary abilities, staff, experience, facilities, equipment, materials, and financial resources, at the present time, to complete the requirements of the Agreement in a satisfactory manner and within the required time.

c) All federal, state, and local registrations, licenses, certifications, and permits legally required to perform and complete the services as called for herein; including but not limited to any other related agreements.

d) The intention, commitment, and means to comply with all federal, state, and local codes, laws, ordinances, rules, regulations, guidelines, and requirements that could affect the provision of required services in any manner.

e) No arrearage to the State of Florida upon debt or Agreement, nor default as surety or otherwise, upon any obligation to the State of Florida.

f) Present good standing with the State of Florida and is not on the state’s lists of ineligible mailto:vendorhelp@myflorida.com http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.057.html http://osd.dms.state.fl.us/ mailto:OSDHelp@dms.myflorida.com http://osd.dms.state.fl.us/ mailto:OSDHelp@dms.myflorida.com https://vendor.myfloridamarketplace.com/ contractors.

g) No member, officer, or employee of FDVA who during his or her tenure or for two (2) years thereafter shall have any interest, direct or indirect, in the Agreement or the proceeds thereof.

h) Respondent is of lawful age and that no other person, contractor, or corporation has any interest in the bids or Agreement proposed to be entered.

i) Respondent has thoroughly examined all available drawings and specifications, schedules, instructions, the solicitation, and addendum; as well as made all investigations necessary to thoroughly inform themselves regarding facilities for delivery of services as required by the solicitation. No plea of ignorance by the Respondent of conditions that exist, or that may hereafter exist because of failure or omission on the part of the Respondent to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the solicitation, will be accepted as a basis for varying the requirements of FDVA or compensation to the successful Contractor.

10. Bid Guidelines. Respondent’s bid must follow the format, structure, and sequence as required by this solicitation.

a) Respondents are advised that all FDVA solicitations and agreements are subject to all legal requirements as provided under Florida law.

b) Respondents are advised that exceptions to any terms or conditions contained in this solicitation must be identified in its written questions and submitted via email (by the deadline as provided in the Timeline; to the Primary Contact Person specified in Section 1 of this solicitation). Failure to do so may lead FDVA to declare any such term or condition as non-negotiable. Respondent’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

c) If no request for clarification is submitted by Respondent, all conditions and requirements specified within the Agreement shall be deemed accepted and understood by Respondent.

d) FDVA objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s bid. In submitting its bid, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

e) Prices shall be Respondent net, delivered prices, F.O.B. Destination. All pricing must be in United States dollars (i.e., $1.00, USD). FDVA does not pay local, state, or federal taxes, including recovery fees, sales tax, or excise tax. FDVA tax-exempt certificate will be available upon request.

11. Sealed Bid. Respondent’s bid including all forms required by this solicitation, as provided by FDVA (in their original format), one (1) original copy must be fully executed and submitted in a sealed envelope.

The sealed envelope shall be clearly labeled as provided on the title page of this solicitation, including Respondent name and address, solicitation number and title, and the bid opening due date and time as provided in the Timeline. Further, it is the Respondent’s responsibility to clearly identify on the outer packaging of each sealed bid any vendor preference certifications that are applicable to its bid.

Respondent failure to provide sealed bid in the manner specified above may result in the bid being considered non-responsive.

12. Submission of Bid. By submitting a bid, each Respondent certifies that it satisfies all criteria specified in the solicitation and any issued addendum. Respondents may not submit more than one bid.

a) Respondent is solely responsible for ensuring that its bid is submitted in accordance with the solicitation and any issued addendum.

b) Respondent shall submit its bid by mail (i.e., USPS, FedEx, or UPS) or in person (i.e., “by hand”?

to the attention of the Primary Contact Person specified in Section I of this solicitation. FDVA shall reject any bid submitted electronically (i.e., via e-mail, discs, memory cards, USB drives, etc.).

c) Respondent is solely responsible for ensuring that its bid is received by the Primary Contact Person specified in Section I of this solicitation, prior to the bid opening due date and time as provided in the Timeline.

13. Withdrawal of Bid. Respondent bid may be withdrawn, if Respondent’s written request to withdraw is e-mailed to and received by the Primary Contact Person specified in Section I of this solicitation prior to the bid opening due date and time as provided in the Timeline. Bids may not be withdrawn within sixty (60) business days following the bid opening due date and time as provided in the Timeline.

14. Modification of Bid. Respondent may withdraw, modify, and re-submit its bid, provided the re-submitted bid is received, by the Primary Contact Person specified in Section I of this solicitation, prior to the bid opening due date and time as provided in the Timeline. Respondent re-submitted bid shall be rejected if received, by the Primary Contact Person specified in Section I of this solicitation, after the bid opening due date and time as provided in the Timeline.

15. Bid Opening. FDVA shall reject any bid received after the bid opening due date and time as provided in the Timeline. Bids, received in accordance with the solicitation and any issued addendum, will be opened immediately after the bid opening due date and time as provided in the Timeline. The bid opening shall be performed at the Florida Department of Veterans’ Affairs (FDVA), Mary Grizzle State Office Building, 11351 Ulmerton Road, Suite 311-K, Largo, FL 33778-1630. The public may attend the bid opening. FDVA may choose not to announce prices or release other materials pursuant to Section 119.071, Florida Statutes. Sealed bids, proposals, or replies received by FDVA pursuant to a competitive solicitation shall be exempt from public disclosure until FDVA provides notice of an intended decision, or until 30 days after the opening of bids, proposals, or final replies, whichever occurs earlier.

16. Rights of FDVA. In addition to all other rights of FDVA under Florida law, FDVA specifically reserves the following rights at its sole discretion:

a) FDVA reserves the right to select the bid it believes is in the best interest of the State of Florida and FDVA.

b) FDVA reserves the right to add, change, and delete any requirements of the solicitation.

c) FDVA reserves the right to reject a bid, with or without cause, as nonresponsive, not responsible, not qualified, or not capable.

d) FDVA reserves the right to withdraw, re-issue, or cancel the solicitation with or without cause.

e) FDVA reserves the right to remedy or waive technical errors, immaterial errors, informalities, and irregularities in the solicitation and Respondent bid.

f) FDVA reserves the right to reject a bid if pricing is inconclusive, incomplete, not submitted, or if pricing is not submitted in the format as originally provided in the solicitation.

g) FDVA reserves the right to request any necessary clarifications or supporting documentation.

h) FDVA reserves the right to reject any bid received after the bid opening due date and time as provided in the Timeline.

i) FDVA reserves the right to reject any bid submitted electronically (i.e., via e-mail, disc, memory card, USB drive, etc.).

j) FDVA reserves the right to reject a bid if Respondent misstates or conceals any material fact in its bid.

k) FDVA reserves the right to reject a bid that fails to include any information required by the solicitation in the specified sequence.

l) FDVA reserves the right to accept and award the Agreement by item, by group, in the aggregate, or by location.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SECTION “III”

STATEMENT OF WORK

CONTENTS

1. General.

2. Service Locations.

3. Authorities Having Jurisdiction.

4. Project Management.

5. Hours of Operation.

6. Permits, Licenses, and Fees.

7. Time Clock Application Users.

8. Time Clock Application Services.

9. Time Clock System Requirements.

10. Payroll-Based Journal (PBJ) System.

11. Data Conversion and Migration.

12. System Requirements.

13. Data Center Requirements

14. Cloud Recovery Point and Time Objectives.

15. Data Ownership.

16. Data Center Audit.

17. System Warranty.

18. End of Agreement Transition.

19. System Data Security

20. Functional Reporting Requirements

21. Software Operating Requirements

22. Related Software

23. FDVA Training

24. Technical Support

25. Maintenance Requests

26. Operations Manuals

1. General. Contractor will provide a web-hosted time clock system, support, integrated payroll-based journal reporting system, including service bureau and user module, and subsequent monthly web hosting services for FDVA Home’s Program, Human Resources (HR), and Information Technology (IT) staff based at FDVA Headquarters, Largo and nine (9) FDVA Veterans’ Homes located throughout the State of Florida.

The provided platform must support required staffing levels, staff time management, and staff payroll management. Must have a system with integrated timekeeping, terminals (three per Home and two spares centrally located for distribution as needed), leave accruals management, and advanced scheduling capabilities with extensive experience in the healthcare and long-term care space all in a unified platform from a single vendor. The solution must have a proven interface with Florida’s People First system to automate the entry of all time and leave accruals-related information into the system. The solution must also populate employee demographic information and changes from People First into the proposed solution. The solution must provide a CMS Payroll-Based Journal (PBJ) export to provide for electronic filing.

2. Service Locations. The following service locations are included in the Agreement:

(a) FDVA Headquarters 11351 Ulmerton Road, Suite 311-K Largo, FL 33778

(b) Baldomero Lopez State Veterans’ Nursing Home 6919 Parkway Blvd Land O’ Lakes, FL 34639

(c) Emory L. Bennett State Veterans’ Nursing Home 1920 Mason Ave.

Daytona Beach, FL 32117

(d) Robert H. Jenkins, Jr. Veterans’ Domiciliary Home of Florida 751 SE Sycamore Terrace Lake City, FL 32025

(e) Alexander Nininger State Veterans’ Nursing Home 8401 W. Cypress Dr.

Pembroke Pines, FL 33025

(f) Clifford Chester Sims State Veterans’ Nursing Home 4419 Tram Road Panama City (Springfield), FL 32404

(g) Douglas Jacobson State Veterans’ Nursing Home 21281 Grayton Terrace Port Charlotte, FL 33954

(h) Clyde E. Lassen State Veterans’ Nursing Home 4650 State Road 16 St. Augustine, FL 32092

(i) Alwyn C. Cashe State Veterans’ Nursing Home 5255 Raymond St.

Orlando, FL 32803

(j) Ardie Copas State Veterans’ Nursing Home 13000 SW Tradition Port St. Lucie, FL 34987

3. Authorities Having Jurisdiction. FDVA is licensed the Agency for Health Care Administration (AHCA) and regularly inspected by AHCA, United States Department of Veterans’ Affairs (USDVA), and Centers for Medicare and Medicaid Services (CMS). Contractor shall reference, adhere to, and comply with all FDVA policies and procedures, as well as any applicable local, state, and federal authorities, codes, laws, ordinances, rules, regulations, policies, guidelines, requirements.

4. Project Management. Contractor shall provide sufficient personnel to perform the requirements of the executed Agreement and assume responsibility for managing the Contractor’s project team for the life of the Agreement. Contractor shall be responsible for the successful completion of the Agreement, including the work of Contractor staff, as well as agents and their employees, subcontractors and their employees, and all other persons performing any work under the Agreement.

(a) Contractor Project Manager: Prior to commencement of work, Contractor shall appoint a project manager who will be FDVA’s primary point of contact. Contractor’s Project Manager will oversee schedules, coordinate activities, report on progress, notify FDVA of any changes or adverse events, and as required meet with FDVA Contract Manager (at FDVA headquarters or other service location).

The contractor will be responsible for developing and maintaining a detailed project schedule and for reporting progress against the schedule monthly to FDVA Contract Manager. Contractor’s Project Manager does not have the authority to make any changes to the Agreement. In the absence of the Contractor’s Project Manager, the Contractor will appoint a designee to act on behalf of Contractor’s Project Manager.

(b) FDVA Contract Manager: Prior to commencement of work, FDVA will appoint a Contract Manager who will be the Contractor’s primary contact. FDVA Contract Manager, in consultation with FDVA stakeholders, will be solely responsible for contract management, performance monitoring, certifying that requirements are met, and that invoicing is in accordance with the Agreement. FDVA Contract Manager will represent FDVA requirements, review and approve Contractor deliverables, provide operating insight, resolve issues, and make decisions regarding alternate configuration choices. FDVA Contract Manager does not have the authority to make any changes to the Agreement. In the absence of FDVA Contract Manager, FDVA will appoint a designee to act on behalf of FDVA Contract Manager.

(c) FDVA Contracting Administrator: FDVA Contracting Administrator, located at FDVA Headquarters in Largo, FL will be responsible for administering the terms and conditions of the Agreement, issuing all modifications (amendment or change order), and exercising any extension or termination. In the absence of FDVA Contracting Administrator, FDVA Purchasing Officer will act on behalf of FDVA Contracting Administrator.

5. Hours of Operation. Given the nature and dynamics of the service locations, time is of the essence in the performance of the Agreement. All services shall be performed Monday through Friday, between the hours of 8:00 am and 5:00 pm; any work to be scheduled and performed outside of these dates and times shall require prior written approval of FDVA Contract Manager and the nursing home administrator.

6. Permits, Licenses, and Fees. Contractor shall be responsible for scheduling, applying, paying for, and securing all applicable permits, licenses, variances, inspections, approvals, exemptions, certifications, tagging, and permissions required by local, state, and federal codes, laws, ordinances, rules, regulations, guidelines, requirements, and any applicable authorities having jurisdiction; including but not limited to necessary notification and coordination with applicable authorities having jurisdiction. Contractor must submit all applicable documentation specified above to FDVA Contract Manager for verification within fifteen (15) business days from date of fully executed Agreement. Failure of Contractor to provide required documentation will prevent commencement of all work until Contractor provides satisfactory evidence to FDVA Contract Manager for verification or may result in termination of Agreement.

7. Time Clock Application Users. Staff levels are relatively fixed. Services must allow for approximately 1,846 active employees and agency staff to access the time clock system.

(a) Approximate Employee Count by Service Location: These numbers include FDVA Contract Manager, 1 Home Administrator, approximately 3 managers, and 1 HR Team Member per each SVNH service location:

1) Port St. Lucie – 162

2) Lake Baldwin - 223

3) Lake City – 98

4) Daytona Beach – 217

5) Land O Lakes – 259

6) Pembroke Pines – 167

7) Panama City – 189

8) Port Charlotte – 231

9) Saint Augustine – 292

10) FDVA Headquarters in Largo, FL – 8 (5 managers and 2 IT technicians; 1 HR Team Member) Largo, FL staff will not utilize the time clock system, but will be reviewing reports and providing system oversight).

8. Time Clock Application Services. All FDVA locations have computers with networked internet access. Time clock system services shall include, but not be limited to:

(a) Application System:

1) Web “time clock” software.

2) Manager/Administrator.

3) Rounding.

4) Multiple locations.

5) Support.

6) Product updates.

7) Hosting.

8) Time off requests.

9) Time accruals.

10) Job costing.

11) Expense tracking (labor/payroll costs).

12) Location tracking (allowing all 10 separate service locations access to data).

13) Scheduling module.

(b) Access to HR module (to enter new employee information).

(c) Software configuration and implementation.

(d) Unlimited access to online video training. Training ciriculum must be user-friendly and comprehensive, to include but not be limited to technical operation, feature identification, and trouble shooting. FDVA staff must be able to competently operate all required features and functions of the system.

(e) Customer software enhancements availability.

9. Time Clock System Requirements.

(a) Requirements:

1) Hosted solution for user real time access.

2) No VPN or firewall dependency; FDVA controls security access.

3) User interface 100% web based; no local software installation at user computer.

4) Support all browser types.

5) Leverage existing kiosks

6) 24/7, 365 days per year monitoring of the locations and e-mail problem notification for time record collection.

7) IP filtering to prevent user system access from unknown IP addresses; FDVA will provide IP addresses or address ranges to Contractor.

(b) Enterprise View of Facilities:

1) Ability to customize solution for each location and provide centralized reporting of all facilities.

2) Automated hour entry for salary employees and those employees defined to have auto hours.

3) Customizable forms, by location, for specific data entry and reporting (as to data shown and format).

4) 24/7, 365 days per year availability.

5) Text content sensitive Help Center to enabled features and to tailored configuration.

6) Complex time and attendance reporting capabilities.

(c) Patient Per Day (PPD) Census Reporting:

1) Project/job costing - allocate cost to PPD reporting.

2) PPD reporting capabilities and data entry processes.

3) Customizable graphical dashboard reporting (time and attendance data, and PPD costing).

4) Allocation for direct and indirect activities to be dynamic based on employee roles. Direct and indirect task assignment can be overwritten as needed.

5) Support custom time allocation to pay periods based on rule definitions.

6) Support multiple punches per day and maintain to shift even if crosses midnight, shifts, pay week and period boundaries with gaps of time between punches.

7) Detail time record exports with task information and hours by employee.

(d) Third Party Interfaces:

1) Configurable exports to interface to other 3rd party systems.

2) Import ability for master employee records to eliminate duplicate entry.

(e) Other Features:

1) Human resource data tracking. Configurable for only data needed by the sites.

2) Ability to track training, performance evaluation, birth date, anniversary dates, work status, basic human resource data reporting, and notifications.

10. Payroll-Based Journal (PBJ) System. Pursuant to Section 6106 of the Affordable Care Act (ACA), Contractor shall provide an integrated payroll-based journal (PBJ) reporting system. System must be installed, implemented, configured, operational, and maintained. The system will allow staffing and census information to be collected on a regular basis and audited to ensure accuracy.

Service locations: PBJ system service locations,

1) Emory L. Bennett State Veterans Nursing Home (Daytona Beach, FL).

2) Baldomero Lopez State Veterans Nursing Home (Land ‘O Lakes, FL).

3) Alexander Nininger State Veterans Nursing Home (Pembroke Pines, FL).

4) Clifford C. Sims State Veterans Nursing Home (Panama City/Springfield, FL).

5) Douglas T. Jacobson State Veterans Nursing Home (Pt. Charlotte, FL).

6) Clyde E. Lassen State Veterans Nursing Home (St. Augustine, FL).

7) Robert H. Jenkins, Jr. Veterans Domiciliary Home of Florida (Lake City, FL).

8) Alwyn C. Cashe Lake Baldwin State Veterans Nursing Home (Orlando, FL).

9) Ardie Copas State Veterans Nursing Home (Port St. Lucie, FL).

(a) Application and Implementation Requirements: Application will allow and provide PBJ reporting capabilities for approximately 1,877 active FDVA users to CMS; including each FDVA nursing home administrator and designated FDVA headquarters staff access to each service location’s information.

PBJ system shall include, but not be limited to:

1) Web-Clock Interface.

2) Payroll-Based Journal software.

3) Manager/Administrator.

4) Multiple locations.

5) Web hosting, support, monitoring, and maintenance.

6) Product updates.

7) Software configuration and implementation.

8) Customer software enhancements availability.

9) IP filtering to prevent user system access from unknown IP addresses; FDVA will provide IP addresses or address ranges to Contractor.

10) No VPN or firewall dependency (FDVA controls security access).

11) User interface 100% web based (no local software installation at user’s computer).

12) Single server installation for collection of multiple location time record data.

13) Support all browser types.

14) Leverage existing kiosks.

15) Remote installation on each service location.

(b) System Requirements: PBJ system will include a service bureau that must be fully compliant with current Centers for Medicare and Medicaid Services (CMS) Payroll-Based Journal (PBJ) Policy Manual and released technical specifications. The service bureau will prepare data, update census information, and collect external data for PBJ submission. Upon receipt of each service locations nursing home administrator notice of approval (via e-mail), Contractor must then submit the files to PBJ system for processing, as well as perform trouble shooting and coordinate the resolution of any error conditions with FDVA.

(d) System Training: Unlimited access to online video training. Training ciriculum must be user-friendly and comprehensive, to include but not be limited to technical operation, feature identification, and trouble shooting. FDVA staff must be able to competently operate all required features and functions of the system.

11. Data Conversion and Migration. The contractor shall be responsible for converting the historical data from FDVA’s existing system to the new system. The new system must support the data contained within the existing system, to maintain data and required reports. The contractor will perform a review of existing data usage and schema and shall map existing data to the fields utilized by the proposed system. The contractor must provide FDVA with data formats that will enable conversion data to be extracted to import this data into the new system. FDVA shall be responsible for the cleaning and accuracy of data. Appropriate FDVA personnel will be available to assist Contractor in determining the data to be converted into the new system, to provide information and data formats on current FDVA applications, and to review strategies and designs for converting existing data. FDVA will conduct a data conversion test and evaluate results. Contractor shall be responsible for correcting all deficiencies within thirty (30) calendar days from date of discovery to the full satisfaction of FDVA. All HIPAA and PII safeguards must be in place during the data conversion process; data must always be protected.

12. System Requirements.

(a) Requirements:

1) Software as a Service (SaaS) tier solution for user real time access. : Critical Application Tier RPO = 2 hours, RTO = 4 hours

2) Compatible with Windows 11 and above, current release of M365, the most current Microsoft web browser, or Google Chrome. All must stay current with security updates.

3) System must be available 6:00 a.m. to 9:00 p.m. EST, 7 days per week, 365 days per year.

4) System shall provide a responsive hybrid mobile app supporting Android and iOS phones and tablets.

(b) Hosting:

1) Infrastructure and telecommunications capabilities in order to support application and data access 6:00 a.m. to 9:00 p.m. EST, 7 days per week, 365 days per year.

2) Inform FDVA of any maintenance required system outages three (3) business days in advance and shall conduct such maintenance during non-business hours (9:00 p.m. to 6:00 a.m. EST, 7 days per week, 365 days per year).

3) Contractor shall provide commercially reasonable security and redundancy methods that will ensure a highly available and secure hosting operation.

(c) Other Features:

1) Maintain a 99.5 % uptime.

2) System accuracy shall be 100% of what is entered and edited (withstanding human error, data integrity must be consistent, correct, and maintained).

3) Support 24-hour clock and standard time zone, with a daylight-saving option.

4) Must complete annual system risk assessment.

5) Must have a disaster recovery plan in place and be tested annually

13. Data Center Requirements. Contractor must operate the data center (located within the continental United States) or must partner with an approved data center (located within the continental United States).

Contractor shall ensure that data center is compliant with all CMS/AHCA guidelines, as well as all federal and state laws governing this type of information and the following requirements:

a) Data Center Physical Requirements:

1) Monitored security 24 hours per day, 7 days per week, 365 days per year.

2) Redundant power systems capable of running all equipment at full capacity indefinitely.

3) Redundant connectivity to the internet.

4) Data shall be SSAE 18 and SOC Type 2 certified.

5) Must be a hardened facility, able to withstand weather and conditions of its location.

6) System must be encrypted at rest.

b) Data Security:

1) Detect and contain undesirable traffic on public networks.

2) Prevent malware invasions, including but not limited to viruses, worms, Trojans, and ransomware.

3) Stop hacker attempts like SQL injections and XSS (cross-site scripting) attacks.

4) Shall have data backup for redundancy with off-site storage physically located within the continental United States.

5) Track any changes to hosting environment and alert data center staff with an e-mail.

c) Application-Level monitoring:

1) Alerts to supervisors, bureau chiefs, and IT Staff.

2) Detect active hosts and bad logons.

3) Planned maintenance during off peak hours.

4) Roles based security matrix.

5) Full data transaction history, with roll back capabilities

d) Data Center Audit. FDVA requires access to annual data center audit of data controls security standards and operations, as well as certify that HIPAA, Sarbanes Oxley, and Security of Personal Identifiable Information (PII): are followed.

e) HIPAA, Sarbanes Oxley, & PII Compliant Data Centre:

1) Must sign a FDVA Business Associate Agreement (BAA).

2) Shall have data backup for redundancy with off-site storage physically located within the continental United States or stored in the Cloud on servers that reside within the continental

United States.

3) Shall have a separate training environment from production database.

14. Cloud Recovery Point and Time Objectives. Contractor shall provide recovery point objective

(RPO) or maximum acceptable data loss and recovery time objective (RTO) or the timeframe to restore application and services based on the following requirements for the designated application type.

1) Mission Critical Application Tier

(a) RPO = 30 minutes

(b) RTO = 1 hour

2) Critical Application Tier

(a) RPO = 2 hours

(b) RTO = 4 hours

3) Important Application Tier

(a) RPO = 4 hours

(b) RTO = 8 hours

4) Non-Critical Application Tier

(a) RPO = 8 hours

(b) RTO = 16 hours

15. Data Ownership. All information in the system belongs to FDVA and shall not be shared with any person or entity, except when FDVA provides access to its database. Contractor shall not use or allow any online tracking technologies by third parties to track FDVA users or gather information about FDVA users should the FDVA user navigate away from the contractor’s original website(s).

16. Data Center Audit. FDVA requires access to data center audits of data controls’ security standards and operations. such as SSAE 18, that apply to FDVA applications, FDVA requires access to annual data center audit of data controls security standards and operations, as well as certify that HIPAA, Sarbanes Oxley and PII security standards are followed.

17. System Warranty. Contractor must warrant that all services provided to be of the highest quality, free from all defects whatsoever, and in accordance with the Agreement. Contractor shall provide for any warranty services.

18. End of Agreement Transition. Should Contractor cease to provide services, due to expiration or termination of Agreement, Contractor must cooperate with the transition of services to the new provider.

Contractor shall:

(a) Communicate all transition matters with FDVA Contract Manager.

(b) Participate in agreement transition meetings with FDVA Contract Manager.

(c) Provide electronic copies of all FDVA system data intact and in a searchable form to FDVA Contract Manager, in a method and within a period to be mutually determined by both parties.

(d) Within seven (7) business days of Contractor’s receipt of FDVA Chief Information Officer’s written approval to proceed, Contractor must wipe clean all FDVA system data, as well as any back-up copies.

Within three (3) business days of Contractors completion of this requirement, Contractor shall submit to FDVA Chief Information Officer a sworn notarized statement, signed by Contractor’s President, attesting that this requirement has been performed and the date it was completed.

19. System Data Security. Contractor and FDVA shall comply with the applicable requirements of the Security Rule, codified at 45 CFR Part 164, Subparts A and C, issued pursuant to the Administrative Simplification provisions of Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA-AS"), so that the FDVA may meet compliance obligations under HIPAA-AS.

The parties agree to the following:

(a) Security of Electronic Protected Health Information (EPHI): Contractor will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability (CIA) of EPHI (as defined in 45 CFR 160.103 that Contractor creates, receives, maintains, or transmits on behalf of the FDVA, "EPHI") consistent with the Security Rule

(b) Security of Personal Identifiable Information (PII): Contractor will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability (CIA) of PII consistent with the Security Rule.

(c) Reporting Security Incidents: Contractor will report to the FDVA any Security Incident of which Contractor becomes aware that is.

1) a successful unauthorized access, use of disclosure of FDVA's PII, EPHI; or

2) a successful major modification or destruction of the FDVA’s data containing PII, EPHI; or

3) a successful minor modification or destruction of FDVA's data containing PII EPHI; or

4) interference with system operations in an information system containing FDVA PII, EPHI.

Upon the FDVA's request, Contractor shall report any Security Incident of which Contractor becomes aware.

(d) Compliance Date. The parties will comply by the later of the last date set forth in the signature block above or the compliance date of the Security Rule as defined in 45 CFR 160.103.

(e) Security Breach Notification Costs. Contractor agrees and understands it shall be responsible for payment of all costs of any type or amount associated with the security breach of EPHI if such a security breach occurs and is the fault of the Contractor or its Subcontractors. Such costs shall include, but not limited to, those related to fees and penalties, Governmental investigations and enforcement actions, and other legal actions of any type or kind.

20. Functional Reporting Requirements. System must include a comprehensive and flexible report writer to create ad hoc reports and queries using any combination of system data. All reports shall have the ability to be exported into Excel, .pdf, or csv... Contractors must identify any data replication and data transfer requirements to support statistical analysis and reporting. Contractor must also include any additional hardware and/or software required to support query processing above and beyond the requirements of the base software. Further, Contractor shall identify any additional administration required to support report writer functions, query building, and/or data dictionary maintenance for the query and reporting environment. System will have extensive reporting and information query capabilities.

21. Software Operating Requirements. Application software modules must be fully integrated, menu driven and provide a graphical user interface (GUI). User interface shall be consistent across all modules and designed to ensure relative ease of use by trained users with basic keyboard knowledge. Interface shall include on-line editing, validation, file look-up. The system must provide on-line help, and error messages.

The system will provide security and tracking information on all transactions and audit trails, such as user ID, date, and time. System shall automatically maintain the integrity of data files, indexes, and relationships including simultaneous update of files in all modules, roll-back for reversed or canceled transactions, and cascaded…