Learning_Management_System_Replacement_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

RFP-604655-23/MHH

LEARNING MANAGEMENT SYSTEM

REPLACEMENT

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: October 27, 2023

DEADLINE FOR QUESTIONS: November 20, 2023

RESPONSE DEADLINE: December 6, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

RFP #RFP-604655-23/MHH

Learning Management System Replacement

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Proposers IV. Instructions for the preparation of Submittals V. Pricing Proposal VI. Evaluation Phases

Attachments:

B - DRAFT AGREEMENT WITH EXHIBITS

Title: Learning Management System Replacement

1. Introduction

1.1. Summary

A solution for a Learning Management System (LMS) that will support the upskilling and/or reskilling of all employees, apart from the County's Fire Department. The LMS shall offer web-based training with courses covering a variety of subjects from a comprehensive library that is maintained and curated by the LMS vendor and must be able to host County-specific training, training materials, as well as auxiliary departments and trainings, such as OSHA.

Not only must the LMS address the County’s need to remain in compliance for a variety of topics, it must also support individual employees in learning skills related to their current job functions and support them in exploring additional skill sets that can enhance their role.

1.2. Background

The County's Human Resources intends to replace the current training system, Percipio, as it is not a full Learning Management System.

1.3. Contact Information

Michael Hall Senior Procurement Analyst 1301 E. Second Street Sanford, FL 32771 Email: mhall02@seminolecountyfl.gov Phone: (407) 665-7115

Department:

Human Resources - Training

1.4. Timeline

Release Project Date October 27, 2023

Question Submission Deadline November 20, 2023, 5:00pm

Proposal Submission Deadline December 6, 2023, 2:00pm mailto:mhall02@seminolecountyfl.gov tel:(407)665-7115

2. Scope of Services

2.1. Current Application Environment

The current system will need to have a data pull done to extract existing content from that solution. The new system must interface with JDEdwards, the County's ERP system, via one-way communication: the new system will receive data from JDEdwards, but it will not return any data back to JDEdwards (in the same way that the current system operates).

2.2. Proposed Future System Interfaces

The following table contains a listing of current and/or desired application interfaces and their likely need in a future learning management system environment. Existing County shadow systems that will likely be replaced are not included as they are assumed to be included in an integrated learning management system solution.

Source

Application

Direction of Data

Flow

Target

Application

Development

Services

System

Module

Data Included in

Interface

Exists in

Current

Environment

Core /

Optional

JDE

Information

Out

New

Solution

A. First Name

B. Last Name

C. Job Title

D. Supervisor

E. Division

F. Department

G. Email address

H. Hire date

JDE Core

2.3. Current Technical Environment

Vendors are required to submit responses to both functional and technical requirements. Attach responses in a separate document using the same numbering/lettering sequence.

2.4. Expected Scope of System Solution

The County requires respondents to propose a fully integrated learning management system vendor-hosted/cloud solution, including software, hardware specifications, implementation and project management, and other technology services for the entire scope of the project that may or may not include components owned by the vendor. The

County recognizes that this project will have a significant impact on their staff and is looking to minimize that impact as much as possible. The vendor shall conduct a thorough business analysis at the start of each module and provide the County with a pre-configured system using best practices and experience as a model. The County will review and test this pre-configured system, requesting minimal changes, as required.

2.5. Software Scope/Functional Requirements

The functional requirements are divided into two (2) tables below. The first table, Table

1, contains all required Functional Requirements, outlining everything that the new software is required to do. The second table, Table 2, contains optional Functional

Requirements, outlining items for which the County would like the software to have, but not required. However, these items would be ideal if provided. None of the items listed under the ‘Preferred Trainings Available’ section in Table 2 are required items. These items are ranked in preference and prioritized between 1, 2, and 3. 1 represents the greatest preference, 2 as medium preference, and 3 denotes regular preference. Ideally, the awarded vendor would be fulfilling as many of the items as possible, though not required.

Table 1 - Required

Functional Requirements Details Preferences

Integration with JDE This will be a 1-way communication from JDE to the LMS; First Name, Last

Name, Job Title, Supervisor, Division, Department, email address, hire date

Must Have

Single Sign on Must Have Tracking CEU's (Continuing Education Units) Availability to track CEU's

(Continuing Education Units) when applicable

Must Have

Gain CEU's Availability to gain CEU’s when applicable.

Must Have

Rubric/assignment/class creation The ability to create a 'class' with a rubric that allows an employee to learn on the job tasks when courses are not available

Refresher training The ability of the system to automatically enroll employees in trainings that need to be completed or refreshed at regular intervals

Easily customizable training The ability to record separate trainings and upload them to the system for viewing (i.e. P-

Card Training); custom content creation and upload multiple file types outside of the need for third party software

Compliance training Content library; the content is short, quick, bursts of learning. Current and updated required/compliance content

Notifications/Acknowledgements Ability to push out information

(i.e. updated policies/procedures, emergency information) to members and show who has read it/checked the acknowledgement check box at the end

Alert emails when employee training is due or required Reminder emails of courses that need to be completed and courses that need to be registered for or refreshed.

Knowledge Check/Test Quiz/Survey • Brief PPT followed by a quick quiz to double check knowledge retention.

• Platform has the ability create KC, quiz, surveys within the system and is connected to web-based content, learning programs, and County-specific training that is uploaded to the system.

• This should be able to be applied to some but not necessarily all

Training catalog and dispersion of training information to county employees and making sure it's available to all employees.

General availability of general catalog

Employee can sign themselves up for classes Must Have Employee can cancel their own classes if available Must Have

Supervisor can sign employee up for classes Must Have Supervisor can cancel employee classes Must Have Licensing Ensure that there are enough licenses to cover all BOCC employees (~1,000, excluding

Fire)

Must Have

System ease of use LMS should provide a modern, user-friendly interface; System sent emails should not look like spam;

Training time analytics/metrics/reporting How many active programs are running; who's taking content;

who's completed, passed, failed, not completed training;

time to take training; track not started; track overdue; which trainings aren't being taken

Division reporting on courses registered for and taken Reporting for

County/Division/HR on trainings employees have taken

Must Have

Division reporting on courses passed/failed Reporting for

County/Division/HR on trainings passed/failed

Must Have

Ability to create ad hoc training reports Must Have Training made available 24/7 Availability for training outside normal business hours, training available outside 8-5

(intended for those whose shifts are outside of normal hours or through the training and development time code at manager discretion)

Table 2 - Optional Functional Requirements Details Preferences

Job shadowing log/Ability to track on the job trainings Ability to track on the job trainings Could Have

Monthly micro trainings If/when applicable, the ability of employees to take trainings that don't require them to sit for long periods for trainings. One of the most frequent comments is that many people feel that they don't have time for long trainings due to staffing or scheduling issues.

Could Have

Legal coverage If applicable, are there legal updates that county employees need to be notified of?

(Similar to Notifications/Acknowledgments)

Reminder emails of nonrequired training options Reminder emails of nonrequired training options available (one per month or quarter) Could Have

Emails notifying supervisor/HR of trainings for employees (pass/fail, completed/incomplete, etc.)

Reminder emails of courses that need to be completed and courses that need to be registered for or refreshed.

Emails notifying supervisor/HR of trainings for employees (enrolled, cancelled, dropped training)

Emails for supervisors and HR for enrolled, cancelled, dropped training of employee courses or training course notifications that employees will be attending

Opportunity to enroll in external/in person trainings not offered by through LMS library

Specifically for NIMS/FEMA training but could be applied to other external trainings such as a

CDL course. This should also help eliminate the need to use external sites like Eventbrite to register for courses held outside of the LMS

(registration feature) (see requirement 6)

System recommends learning based on previous trainings System recommends learning based on previous trainings Could Have

Training based on Job Title Reliant on the JDE interface/maintenance of the job title (see requirement 1)

Preferred Trainings Available: The trainings listed below are preferred, though not required. Any of the trainings below that are not offered by the vendor will not be considered a disqualifying item.

Accident Prevention 1 Active Shooter 1 Asbestos Abatement 1

ATV/UTV 1

Bloodborne Pathogens 1 Building Specific 1 Compressed Gas 1 Confined Space 1 Control of Hazardous Material 1 Cyber Security 1 Defensive Driving 1 Diseases 1 Driving and Vehicle Safety 1 Fall Protection 1 Hazardous Communications 1 Hazardous Waste 1 Laboratory Safety 1 Ladder Safety 1 Machine Guarding/Woodworking

Equipment

MOT 1

MS Office 1 Office Safety 1

OSHA 1

Overheating 1 Permit 1 Power Tools 1

PPE 1

Respiratory Protection 1 Seasonal Workplace Safety 1 Servicing Multi-Piece For multi-piece rim wheels (as opposed to single-piece)

Toxic Exposure 1 Violence in Workplace 1 Welding, Cutting, Brazing 1 Wellness 1 Workplace Safety 1 Chain Saw Not necessary as the FD offers this in person 2 Crane, Derrick, and Hoist Safety We can find other avenues to offer this, again, probably better in person

DOT Drug and Alcohol 2 Drug Free Workplace It will be difficult to find a Florida DFWP training, we could upload our own

Electrical Safety 2 Emergency Action/Fire Prevention Fire department can offer this in person 2 Explosive or Blast Agents Fire may be able to assist in providing training we create and upload

Fire Extinguisher Fire may be able to assist in providing training we create and upload

First Aid Fire may be able to assist in providing training we create and upload

Forklift This should be in person 2 Inspector Training This may be very niche, we can create our own and upload

Pesticide This is broad, and they may not have Florida rules/regs, we can create and upload our own

Scaffold User Safety 2 Animal - Aggressive 2 Animal Handling 2 CDL Training for getting CDL & training for people with A CDL

Construction Site Inspector 2 Construction Site Safety 2 Email Training 2 Emergency Management This is not a make or break, but we aren't sure if another FEMA authorized training exists

Environmental 2

FDOT 2

Hazards 2 Hazmat 2 Hazwoper 2 Hearing Protection 2 Laser Safety 2 Legal 2 Office/ Ergonomics 2 Rim Wheels Single and/or multipiece 2 Shared Drive Training 2 SharePoint Training 2 Vehicle safety 2 Water Safety 2 CPR Fire department can offer this in person 3 Dog, Bite, and Insect Training 3 Safety Orientation for New Hires Wouldn't this be us providing and uploading? Or does anyone provide a generic version that we can supplement?

Trenching Should be in person 3 Winch Should be in person 3 Workplace Accident Reporting Won't we have to create and upload, it would not be pre-loaded

Communication Added by non-safety survey; likely covered by

LinkedIn Learning

Conflict Resolution Added by non-safety survey; likely covered by

LinkedIn Learning. Confined space should be an in person training

Critical Thinking Added by non-safety survey; likely covered by

LinkedIn Learning

Goal Setting Added by non-safety survey; likely covered by

LinkedIn Learning

Group Dynamics/Teamwork Added by non-safety survey; likely covered by

LinkedIn Learning

Leadership Development Added by non-safety survey; likely covered by

LinkedIn Learning

Mentorship Added by non-safety survey; likely covered by

LinkedIn Learning

Navigating Change in the

Workplace Added by non-safety survey; likely covered by

LinkedIn Learning

Stress Reduction/Wellness Added by non-safety survey; likely covered by

LinkedIn Learning

Time Management Added by non-safety survey; likely covered by

LinkedIn Learning

Trips/Falls 3 Using Data to Drive Decision

Making

2.6. Technical Requirements for On-Premises Infrastructure

Below are the Seminole County infrastructure requirements if proposing an on-premises solution. If any questions regarding our infrastructure requirements, please label them as such at the end of the document.

Continuity of Operations

A. Current Seminole County System Architecture:

1. Operating System:

a. Windows 10 Enterprise

b. Windows Server 2019

2. Database:

a. MS SQL Server 2016

3. Minimum System Requirements:

a. Windows Server 2016

b. SQL Server 2016

B. For on-premises solution, provide illustrations of the proposed platform with detailed information regarding hardware and software requirements. Include any onsite Configuration changes that would be essential for a successful implementation.

Security/Confidentiality

A. The solution shall create audit trails for all user actions that are performed. The following information must be recorded in the audit log:

1. User ID

2. Date and time of action

3. Field name

4. Before value

5. After value

B. The solution shall use SSL/TLS certificates to encrypt data transit.

C. The solution shall encrypt the data at rest.

2.7. Maintenance and Support

General Support

A. Describe the maintenance processes that will be required for the proposed solution.

B. Describe the maintenance details the vendor will provide and is responsible for and what Seminole County will be responsible for.

C. Provide Service-Level Agreement (SLA) and process for getting vendor support.

D. Describe the vendor support details during warranty period.

E. Describe your level of support (e.g. 24/7 live support via e-mail, chat, and/or phone)

F. The Vendor shall provide designated Seminole County staff with access to live support in event of emergencies.

G. The Vendor’s support team shall be fluent in the functionality and uses of both the learning management system’s features and associated applications and modules.

H. It is desired that the Vendor shall provide assistance as needed to Seminole

County staff for learning management and configuration related tasks.

I. The Vendor shall provide on-demand access to support materials and content, including but not limited to online training manuals and support FAQs.

J. All updates, maintenance and deployment related activities shall be performed after Seminole County business hours (7:00am to 6:00pm) and after coordinating with Seminole County IT for approval, prior to the activity, vendor must provide expected downtimes. Seminole County shall also be notified upon completion of these activities.

K. For on premises solutions - Monthly Windows security updates are required by Seminole County. Describe the vendor’s process for how the solution is certified to work with monthly Windows security updates.

Consulting Services

A. The Vendor shall provide general consulting services related to proposed solution design, applications, and technology.

B. The Vendor shall quote an hourly cost that will be used when additional project-based services are required.

Training Support

A. The Vendor shall develop training materials including but not limited to outlines, knowledge articles and process flows. These materials must be updated as needed with each release and providing training and training materials.

B. Provide necessary installation and training to use, configure and carry-on maintenance tasks needed to keep the proposed system running.

C. The Vendor shall provide either online or onsite training (classroom) for internal users on applications and functionality.

2.8. Cloud-Based Requirements

If proposing a cloud-based solution, please describe how your solution will satisfy the following requirements:

A. All Seminole County data shall be located and remain within the continental

United States.

B. Vendor shall use commercially reasonable resources and efforts to maintain adequate internet connection bandwidth, service capacity, and ensure its data center and/or other vendors performing subcontracted services have industry standard physical, technical, human, security, and administrative controls.

C. Vendor shall house all services and equipment in an operational environment that meets industry standards including climate control, fire and safety hazard detection, redundancy, electrical needs, and physical security.

D. All cloud-based/hosted systems using HTTPS, or any other protocol using

SSL/TLS, must use TLS 1.2 or later with a key size no smaller than 2048 bits.

E. The Vendor is responsible for sending the Seminole County’s system/network vulnerability scan results upon request.

F. The Vendor shall supply firewall and IPS logs for malicious intrusion and access attempts into hosted Seminole County systems upon request.

G. The Vendor shall conduct security assessments, vulnerability assessments, or audits of systems that contain Seminole County data.

H. Describe which industry-accepted endpoint protection solution is used in all hosting servers.

I. Vendor monitoring and notifications shall occur automatically in a manner that

Seminole County will learn about outages as an escalation from the vendor.

J. In the event of any outage impacting the primary data center, the hosting platform shall offer the option to have a disaster recovery or backup data center where Seminole County staff and visitors will continue to be able to access the proposed system. The backup data center will be located within the Continental

United States and must be able to accommodate/host the proposed system.

K. Provide details on the proposed learning management system data center compliance standards and certification.

L. It is desired that the hosting platform resides in a certified data center that is

SSAE 16 Type II Compliant with multiple layers of security access, redundant

ISP providers, backup power and redundant generator, and firewall protection.

M. Provide details on intrusion and cyberattack detection technology and methods used to identify source and analyze the behavior of the attack.

N. Provide details addressing policy, procedures, and security updates for zero-day exploit vulnerabilities.

O. The solution shall protect the website against Distributed Denial of Service

(DDoS) and other cyberattacks must be able to detect and mitigate malicious traffic within reasonable time.

P. Vendor shall supply all hosting equipment (hardware and software) required for performance of the contract and ensure maintenance and replacement as necessary to maintain compliance with the Service Level Agreement(s).

Q. Vendor shall use commercially reasonable resources and efforts to maintain adequate internet connection bandwidth, service capacity, and ensure its data center and/or other vendors performing subcontracted services have industry standard physical, technical, human, security, and administrative controls at all times.

R. Vendor shall house all services and equipment in an operational environment that meets industry standards including climate control, fire and safety hazard detection, redundancy, electrical needs, and physical security.

S. If systems are located off the Seminole County’s network and Seminole County employee access is required, then the latest version of ADFS (Active Directory

Federated Services), using the latest version of SAML, must be used for authentication.

T. The vendor shall utilize a third-party certificate provider who is a recognized and trusted authority.

U. Audit & Inspection:

1. In the event of adverse risk findings through an audit or assessment, the vendor shall cooperate with Seminole County in remediating any risks to the system, including complying with requests to temporarily take the system offline or otherwise limit access to the system during remediation.

2. Audit logs shall be implemented for all systems on the Seminole County’s network. All attempted violations of system security must generate an audit log. Audit logs must be secured against unauthorized access or modification.

V. Location of Performance:

1. Except where Vendor obtains Seminole County’s prior written approval, Vendor shall perform all the Services only from or at locations within the geographic boundaries of the continental United States. Any Seminole

County approval for the performance of Services outside of the continental

United States shall be limited to the specific instance and scope of such written approval, including the types of Services and locations involved.

W. Data ownership:

1. All Seminole County documents, contents and related data in any form stored in the vendor’s system is solely the property of Seminole County.

2. At the time of termination of this contract for any reason, all Seminole County data must be provided to Seminole County in an acceptable electronic form and can be reconstructed by Seminole County on their system to determine the relational aspect of the data. No Organization Data may remain on the

Vendor’s or associated vendors system or shared with anyone after such an event.

X. Backup, Disaster Recovery and Upgrades:

1. Describe procedures to verify that backup and restoration processes were run appropriately. Explain if backup copies are stored in the secure offsite location.

2. Describe the Vendor’s Disaster Recovery Plan (DRP) and recovery of all stored documents, system configuration/setup.

3. Describe how the Vendor conduct upgrades of the solution, as they become available, to strengthen and update functionality, as well as ensure Seminole

County is operating on the most current version of the solution.

Y. Communication/Coordination:

1. The Vendor shall notify Seminole County of upgrades to new technologies and coordinate the implementation of new functionalities when planning changes to original features and applications.

2.9. Incident Response Requirements

A. Describe the Vendor plan for compliance with all applicable breach notification laws, including Seminole County’s Personal Information Notification and provide a Root-Cause analysis report.

B. The Vendor must provide a report to Seminole County within 5 business days about any potential breaches or unintended disclosures of confidential information, including steps Vendor is taking to rectify the potential breach or unintended disclosure.

C. Incident response actions that may affect confidential information must be conducted quickly and with ample resources and provide a Root-Cause analysis report. Seminole County may request a professional third-party incident response team if its in-house resources do not have sufficient skill or availability.

D. Seminole County shall have the right to view all incident response evidence, reports, communications, and related materials upon request.

E. If requested by Seminole County, or if required by law, the vendor, at its own cost and expense, shall notify in writing all direct-contact persons affected by the incident and reimburse Seminole County for any third-person notifications that must be sent.

2.10. Services Scope

Required Services

• Project Management

• Software Installation/Set-up

• Security Design and Configuration

• Business Design/Software Configuration

• Technical Design and Standards

• Data Conversion and Migration

• Business Analytics, Report and Form Development

Solution Development

• Interface Development

• Testing

• Training Services

• Change Management

• Knowledge Transfer to Staff

• System Documentation Development

• Deployment

• Ongoing Support and Maintenance Services

3. Instructions to Proposers

3.1. Contact

All prospective Proposers are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, Michael Hall, regarding this RFP or their written proposal at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your proposal. Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this RFP.

3.3. Public Opening

Electronic submittals shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7115. The

Public Opening via ZOOM https://us06web.zoom.us/j/84499184101?pwd=UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09 /

Meeting ID: 844 9918 4101 / Passcode: 760550

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Proposal Submission and Withdrawal

The COUNTY will accept submittals electronically via the COUNTY’s e-Procurement Portal until

2:00 pm on Wednesday, December 6, 2023. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Proposer for this solicitation and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this RFP. If a Proposer encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-

Procurement, the Software Administrator. Proposers may also contact the Software http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer's sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the

Submission Status shows as “Submitted” the submission is complete. At that point, the

Proposer will also receive an email confirmation from the COUNTY’s e-Procurement Portal.

Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-

7115, before the 2:00 pm deadline.

The Proposer is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Proposers may withdraw their submittal electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Proposers should carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received no later than 5:00 pm on Monday, November 20, 2023.

Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at mhall02@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the RFP documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the RFP’s Followers list. All

Proposers should check the COUNTY's Website or notify Michael Hall to verify information regarding Addenda. Failure to do so may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. By execution of the Formal Notice for this RFP, the

Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Proposer to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

Proposals will be reviewed by the COUNTY Evaluation Committee in accordance with the evaluation criteria set forth in the RFP documents. The COUNTY reserves the right to conduct interviews and require presentations of any or all Proposers prior to selection. The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations.

Should oral presentations for this RFP be required by the COUNTY, the evaluation criteria and weights shall be used to short-list the Proposers. The County will award a contract based on the proposal that best meets the County's requirements. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety.

3.9. Proposal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the

Proposer's ability to meet the requirements of this RFP.

3.10. Accuracy of Proposal Information

By submission of a proposal, Proposer acknowledges that they have carefully examined the

Request for Proposal documents and agrees to furnish the services specified in the solicitation at the prices, rates or discounts as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty (120) days in order to allow the County adequate time to evaluate the submittals.

By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Proposer’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY’s Award Agreement.

3.12. Licenses

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this RFP. Failure of the Proposer to be fully licensed and certified, may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer.

3.13. Posting of the RFP’s Recommendation and Intent to Award

The recommendation and intent to award for this RFP will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). Failure to file a protest with the COUNTY’s

Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.14. Public Records

Upon recommendation and intent to award this RFP as posted to the COUNTY’s website or thirty (30) calendar days after closing, proposals are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by uploading any information deemed confidential separately under “Confidential Files,” and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the RFP documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the

Proposer must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3.15. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award

Agreement for this RFP, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the

COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.16. Rejection/Disqualification

The COUNTY reserves the right to reject the proposal of any Proposer who has failed to perform, in a timely manner, the scope of services of a previously awarded agreement. The

COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers.

Proposals in which the prices obviously are unbalanced will be subject to rejection.

3.17. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this RFP in their entirety.

3.18. Affirmation

By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this RFP and the resulting Award Agreement.

3.19. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and

Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or order at no further expense to the County.

3.20. Advertising

In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager’s Office.

3.21. Patents and Royalties

Unless otherwise provided, the Proposer shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this

PS. The Proposer, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Consultant shall use its best efforts to promptly purchase for the County the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to County that will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

3.22. Drug-Free Workplace Compliance

Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation.

3.23. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.24. Proprietary/Restrictive Specifications

Proposers who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts

Division of their rejection upon receipt of this Request for Proposals and prior to the due date.

3.25. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.26. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document and

Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these RFP documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature on the Proposal Response

Form attests to this.

3.27. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten

(10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for

Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg.