PC-310000-H1169.pdf

State of Florida Division of Emergency Management

Request for Quote (RFQ) Number: RFQ-DEM-24-25-016

Project Management Services for Residential Mitigation

Procurement Officer: Jenene Helms Florida Division of Emergency Management

2555 Shumard Oak Blvd.

Tallahassee, FL 32399-2100

Phone: 850-815-4609 Email: Jenene.Helms@em.myflorida.com mailto:Jenene.Helms@em.myflorida.com

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

SECTION 2 VENDOR INSTRUCTIONS FOR SUBMISSION OF QUOTE

SECTION 3 ADDITIONAL TERMS AND CONDITIONS

SECTION 4 ADDITIONAL TERMS AND CONDITIONS

SECTION 1 INTRODUCTION

1.1. Objective

The State of Florida, Division of Emergency Management (FDEM or Agency) is issuing a Request for Quotes (RFQ) to acquire a qualified Vendor to provide Project Management services to implement a statewide residential mitigation grant program, as described in Attachment A, Scope of Work (SOW).

Vendors interested in submitting a quote must comply with all terms and conditions described in this RFQ and supporting attachments.

The Agency estimates the maximum budget for this project will be $13 million annually.

1.2. Procurement Officer

Jenene Helms Florida Division of Emergency Management Telephone: 850-815-4609 Email: Jenene.Helms@em.myflorida.com

1.3. Method of Procurement

Emergency procurement under the authority of Executive Order 24-264, and as amended.

1.4. Contract Term

The Contract shall begin upon execution and shall expire December 31, 2027.

1.5. Questions for the Procurement Officer

Questions shall be submitted via email to the procurement officer no later than the date and time in the Timeline of Events. Please use the RFQ title in the subject line.

1.6. Vendor Selection for Award

The Agency anticipates awarding from this RFQ and will execute an Agency Term Contract (ATC), which will establish rates for the Contract term. The Agency reserves the right to make an award based solely on the information provided, to conduct discussion, interviews, or request quote revisions, if deemed necessary. Therefore, your quote should contain your best terms.

The Agency will award the project to the most responsive, qualified vendor that provides the best value to the State. If awarded, your company shall remain solely responsible for the performance of all work, including work that was sub-contracted.

1.7. Timeline of Events

The table below contains the Schedule of Events for this RFQ (Tallahassee, Florida local time). The dates and times within the Timeline of Events may be subject to change. The Agency will not consider late submittals.

Activity Event Time (Eastern Time) Event Date

Distribute RFQ -- 12/30/2024 Vendors Submit Questions 2:00 PM 1/3/2025 Agency’s Provides Answers to Questions -- 1/7/2025 Vendors Submit Quotes 2:00 PM 1/10/2025 Anticipated Contract Award -- 1/15/2025

SECTION 2 VENDOR INSTRUCTIONS FOR SUBMISSION OF QUOTE

Submission of Quote

Quote submissions must be forwarded via email in pdf. format by January 10, 2025, no later than 2:00pm, to Jenene Helms at Jenene.Helms@em.myflorida.com. Please use the RFQ title in the subject line.

Vendor’s quotes may be withdrawn at any time. By submitting a quote, Vendors agree to all applicable provisions, terms and conditions associated with this Request for Quote and the Terms and Conditions of the resulting Contract. This RFQ, the Vendor’s quote, and stated terms and conditions shall become part of the resulting Contract.

The Agency shall not be responsible or liable for any costs incurred by the Contractor in the preparation and submission of their quote.

Quotes must contain the following documents and/or forms.

a) Transmittal Letter Vendors must submit a transmittal letter. The transmittal letter must contain the identity of the individual(s) authorized to commit the Vendor to a contract, identity of the individual(s) who can be contacted regarding quote content, identity of any proposed sub-Vendors, a time validity of offer (no less than 180 days). An officer of the Vendor must sign the letter.

b) Company Information and Approach Provide a concise profile of the organization to including organization structure, relevant experience, and unique qualifications. Vendors should include a recommended approach to accomplish the work proposed under this RFQ within the timeline. An authorized representative of the Vendor must sign the letter.

c) Identification of Key Personnel and Pool of Resumes Vendors must submit a rostered list of personnel who will be dedicated to this project along with a summary of their experience, and the position from Attachment A, SOW they will fill.

Resumes are only required for the following positions:

• Project Management Office: Program Manager, Project Manager, Program Coordinator, Residential Mitigation Subject Matter Expert

• Case Management: Case Management Supervisor

• Application Development: Application Development Supervisor,

• Operations Team: Operations Manager, Temporary Relocation Specialist, Closeout Specialist

Vendor may not submit resumes of more qualified staff for quote submission and then change personnel after award. Personnel may not be substituted without prior approval by the Agency.

Note: all awarded contracted staff shall successfully pass a level 2 background check which will be conducted at the Contractor’s expense. A copy of the background report must be provided to the Director of Human Resources, Lela Whitfield, at: Lela.Whitfield@em.myflorida.com and the Contract Manager.

d) Attachment B – Price Sheet Submit pricing on Attachment B, Price Sheet, provided by the Agency. Ensure to complete the Price Sheet fully. Your Price Sheet must include the hourly rate for each position listed and described in Attachment A, SOW. Also, the fixed rate for the online portal for the duration of the contract.

e) Required Forms Form 1 – PUR 7801 Vendor Certification Form;

Form 2 – PUR 1355 Foreign Countries of Concern; and Form 3 – PUR 2024 Use of Coercion Forced Labor

SECTION 3 ADDITIONAL TERMS AND CONDITIONS

3.1. RFQ Attachment and Forms

The following attachments are incorporated as part of the RFQ and will be part of any resulting Contract:

• Attachment A - Scope of Work;

• Attachment B - Price Sheet;

• Attachment C - Draft FDEM Contract;

• Form 1 – PUR 7801 Vendor Certification Form;

• Form 2 – PUR 1355 Foreign Countries of Concern; and mailto:Lela.Whitfield@em.myflorida.com

• Form 3 – PUR 2024 Use of Coercion Forced Labor

The Agency reserves the right to revise attachment templates at their discretion, as directed by the Contract Manager.

The following terms and conditions apply and are incorporated by reference:

• Provisions of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II.

https://www.ecfr.gov/cgi-bin/text-idx?SID=1fbfda40f0e13a99556ddba6ea7eb23b&mc=true&node=ap2.1.

200_1521.ii&rgn=div9;

• PUR 1000, General Contract Conditions https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_Gener al_Contract_Conditions.pdf;

• This Request for Quote, including all attachments and forms

• Vendor’s Submitted Response Quote

3.2. Modifications

The Agency reserves the right to change, add or delete any requirement from this RFQ if the Agency deems it to be in the best interest of the State of Florida. In addition, the Agency reserves the right to withdraw and/or cancel this RFQ at any time, prior to a duly authorized and executed Contract.

3.3. Sub-Contracting Disclosure

The Vendor may propose the entire solution. If the quote by your company requires the use of local providers directly, sub-contractors or embedded third party products or services, you must clearly state this in your quote by naming the sub-contractor and describing which portions of the scope they will be completing.

Sub-contractors must meet the same minimum qualifications and adhere to the basic requirements outlined in the RFQ document. The Agency will not refuse a quote based upon the use of sub-contractors or embedded third party products; however, the Agency retains the right to refuse the sub-contractors you have selected. Sub-Contracted staff may not be substituted without prior approval by the Agency.

The Agency requires that the Vendor that submits the quote will have primary project and service liability for all products and services which shall collectively meet the requirements. Your company shall remain solely responsible for the performance of all work, including any work that was sub-contract.

Subcontractors not previously disclosed may be added after the execution of the Contract with the prime, and adhere to the following basic requirements:

• Subject to prior approval of the Contract Manager

• Have experience providing project management for a residential mitigation grant program;

https://www.ecfr.gov/cgi-bin/text-idx?SID=1fbfda40f0e13a99556ddba6ea7eb23b&mc=true&node=ap2.1.200_1521.ii&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=1fbfda40f0e13a99556ddba6ea7eb23b&mc=true&node=ap2.1.200_1521.ii&rgn=div9 https://www.ecfr.gov/cgi-bin/text-idx?SID=1fbfda40f0e13a99556ddba6ea7eb23b&mc=true&node=ap2.1.200_1521.ii&rgn=div9 https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

• Have no adverse or ongoing legal actions regarding the alleged or proven negative performance of their services, be neither suspended nor debarred from contracting with the State of Florida or Federal Government, and shall not be in a probation status with other State or Federal grant programs;

• Comply with all applicable requirements of State and Federal privacy laws relating to personally identifiable information (PII);

• Comply with State and Federal disability and civil rights laws, requirements, and provisions; and

• Maintain program records for five (5) years after the end of the fiscal year that the program is finalized, at which time the Vendor will transfer these records to the Agency.

• Pass Level 2 Background Screening (see 2.1(c))

3.4. Redacted Submission

If the Vendor considers any part of its response to the RFQ confidential, it shall provide the Agency with a copy of its response with such confidential information redacted. The redacted copy shall be provided to the Agency at the same time Vendor submits its response and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret, or otherwise not subject to disclosure under Chapter 119, Florida Statutes. Further, Vendor shall protect, defend, indemnify, and hold harmless FDEM for any and all claims, costs, fines, and attorney’s fees arising from or relating to Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Vendor fails to submit a redacted copy with its response, the Agency is authorized to produce the entire documents, data, or records submitted by Vendor in response to a public records request for these records.

3.5. Replacement or Discontinuation

If the contract staff assigned to the Agency to perform the services under the Contract resulting from this RFQ is not available to perform the services, other than for leave approved in advance in writing, by the Agency, the Vendor shall replace the contract staff within thirty (30) days after their last day worked, with a qualified employee that meets the qualifications outlined in the specified position attachments to this RFQ. The qualified replacement employee shall be either approved or rejected by the Agency within ten (10) working days of receipt of a resume from the Vendor.

The Agency may at any time discontinue services of any contract staff selected under a Contract as a result of this RFQ, by providing the Vendor with fourteen (14) days written notice or, in the case of termination for cause, with written notice to the Vendor.

3.6. Performance Measures

The Vendor shall complete 100% of assignments in a proper and satisfactory manner as determined by the Agency. The Agency’s Information Technology and Management staff shall evaluate each assignment for completion. The Agency shall have sole discretion regarding satisfactory completion and any continuation of assignments.

3.7. Cost of Quote

The Agency shall not be responsible or liable for any costs incurred by the Vendor in the preparation and submission of their quote.

3.8. Rejection of Quote

The Agency reserves the right to reject any or all quotes which are deemed to be non-responsive, late in submission or unsatisfactory in any way. The Agency shall have no obligation to award a contract for product, work, goods and/or services as a result of this

RFQ.

3.9. Public Records

This document and all related responses are subject to Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public. By submitting a quote, the Vendor agrees to authorize the Agency to release all documents and information in accordance with the Statute outlined above.

3.10. Cooperation with the Inspector General

Pursuant to section 20.055(5), Florida Statutes, the Vendor, and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

3.11. Florida Accountability Contract Tracking System (FACTS)

On March 1, 2012, the Department of Financial Services (DFS) implemented a centralized web-based contract reporting system to increase transparency and accountability in government contracting in Florida. The system, known as Florida Accountability Contract Tracking System or FACTS, displays grant and contract procurement information, expenditure data, audit information, and contract document images as required per section 215.985, Florida Statutes. The link to the DFS FACTS public website is: https://facts.fldfs.com. Any contract resulting from this solicitation will be included in the FACTS system.

3.12. Scrutinized Companies – Termination by the Agency

The Agency may, at its option, terminate the Contract if the Vendor is found to have submitted a false certification as provided under section 287.135(5), F.S., or if the Vendor has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

SECTION 4 ADDITIONAL TERMS AND CONDITIONS

The Agency reserves the right to revise attachment templates at its discretion, as directed by the Contract Manager.

4.1 Attachments

• Attachment A - Scope of Work;

• Attachment B - Price Sheet;

• Attachment C - FDEM Contractual Service Agreement

4.2. Forms

Required forms to be signed and returned with Quote:

• Form 1 – PUR 7801 Vendor Certification Form

• Form 2 – PUR 1355 Foreign Countries of Concern

• Form 3 – PUR 2024 Use of Coercion Forced Labor

Attachment A Scope of Work

Project Management Services for Residential Mitigation Program

Purpose and Statement of Need The Florida Division of Emergency Management (“Agency” or “FDEM”) is seeking a qualified Vendor to provide Project Management services to implement a statewide residential mitigation grant program. This procurement will have a quick turnaround. The Agency expects to have a kickoff meeting within one (1) business day of Vendor selection.

The Agency expects the Vendor to have the online portal launched and available in January 2025. The Agency expects that the Vendor will have applications ready for submission to the Federal Emergency Management Agency (FEMA) by mid-March 2025.

Contract and Program Manager Laura Dhuwe Laura.Dhuwe@em.myflorida.com 850-879-0872

Location of Services The Vendor will be responsible for performing Project Management and program administration services for this residential mitigation grant program in locations identified by FDEM which will include on scene activities in Tallahassee, Florida and any of the 67 Florida counties. Much of the required work detailed below will require on site work in communities to work directly with residents. Additionally, the Vendor will be required to provide Project Management positions in Tallahassee to work with Agency staff.

TASK ORDERS (TOs):

All tasks shall be assigned through the issuance of subsequent task orders and performed under the direct supervision of FDEM Contract Manager or Designee. Subsequent TOs will be written against the ATC to provide task and deliverable details and not to exceed funding for the TO period.

Project Management Program Requirements The Vendor shall provide a Project Management Office (PMO) to manage and implement the residential mitigation program.

Program Administration Tasks The Vendor will need to provide complete oversight of resident application and eligibility, case management, program milestones, Work Order issuance for inspections or assessments, construction, and any other programmatic administrative requirements of the Agency. The Vendor must have the capacity to scale up as needed throughout the process to accommodate several residents and to meet target timelines set by FDEM.

The Vendor must provide experienced individuals who are subject matter experts in the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance residential mitigation projects.

mailto:Laura.Dhuwe@em.myflorida.com

FDEM expects the Vendor to provide the following at minimum to meet the needs of this program:

Project Management Office Project Management Office to include the following positions (up to 20 personnel per position): Program Manager, Project Manager, Program Coordinator, Administrative Clerical Specialist, Legal Counsel, Training Manager, Constituent Services Manager, Constituent Services Specialists, and Residential Mitigation Subject Matter Expert. These positions will be responsible for the coordination of teams listed below and all work assigned. Additionally, these teams will be the main points of contact for the Agency.

Residential Mitigation Subject Matter Expert The Vendor shall provide at minimum one subject matter expert with experience in preparing applications and project implementation for FEMA Hazard Mitigation Assistance residential mitigation projects including elevations, mitigation reconstructions, and acquisition/demolitions. The Vendor may provide additional FEMA Hazard Mitigation Assistance residential mitigation subject matter experts if one person does not fulfill the required experience. Local level experience is preferred. This person(s) should have extensive involvement in the program development and implementation and should be able to provide expertise and guidance to FDEM and the Vendor team throughout the lifecycle of this program. This person(s) should be available to the State for program input on a regular basis.

Case Management Case Management (up to 50 personnel per position): Case Management Supervisor, Case Managers. This team will be responsible for intake, triage, working directly with residents to know their specific case, working with application development team to provide necessary information from residents, working with the operations team to provide updates to the residents about their projects, working with operations team for closeout of projects.

The Vendor will be responsible for screening all interested residents for eligibility for the residential mitigation grant program. Each resident should have an assigned Case Manager who will know their project and work with the resident throughout the life of the project. Case Managers will work with the Application Development and Operations teams to provide information from the resident for the project. Inquiries and complaints should begin and end with the Case Manager.

Application Development Application Development (up to 50 personnel per position): Application Development Supervisor, Application Development Specialists, QA/QC. This team will be responsible for working with the Case Managers to develop complete applications quickly. This team will recommend which applications belong in which program, either HMGP or Swift Current, and will be responsible for inputting the applications into the relevant systems, either DEMES or FEMA GO. Application Development team will also be responsible for recommending to the Agency and upon approval, combining individual applications into larger applications. This team will need to coordinate with the PMO to communicate with the FDEM programmatic, technical, and environmental reviewers.

The Vendor will be responsible for developing and submitting complete residential mitigation applications for each eligible applicant.

Operations Team Operations Team to include the following positions (up to 20 personnel per position):

Operations Manager, Bidding Specialists, Work Order Specialists, Contract Specialists, Community Coordination Specialist, Payment Specialists, Temporary Relocation Specialists, and Closeout Specialists. These teams will be responsible for coordinating the bidding, issuing work orders, contract development, coordinating with communities regarding projects in their communities, coordinating payments to other FDEM Vendors, coordinating temporary relocation of residents, and compiling required information for closeout of projects.

The Vendor will be responsible for implementing the residential mitigation projects, including initiating bids, assigning FDEM’s inspection vendor, assigning FDEM’s construction vendor, providing information to the Case Management team to relay information to the residents, coordinate the Contract signing meetings, coordinate payments, and work with the Case Management team and FDEM to closeout the projects.

The Agency reserves the right to scale positions up or down as needed.

Online Portal Provide a software/technology solution for managing resident applications and tracking the status of projects throughout the lifecycle of the project. The system should have a public facing application portal that will stay live throughout the lifecycle of the resident’s journey through the program, providing real time status updates. The resident should be able to upload and download documents and photos. Ideally, the system should have the capability for a resident to submit an inquiry and receive an answer from the assigned case manager.

The system should also have internal functionality to conduct eligibility reviews, assign and track inspections and construction, and compile all documentation needed for closeout. The system must be able to report information based upon various criteria including city, county, project type, grant program, etc. Additionally, the system must be able to track individual project budgets, but also be able to track the total funding. The system should ensure data is secure and all data must be transferred to FDEM before the end of the project.

This system should also have functionality for the following:

• Ability to prioritize residence applications

• Assign and track inspection vendors for inspections, assessments, or surveys

• Assign and track construction vendors including bids/estimates, permitting, construction schedule, etc.

• Capture and track award and contract signing information

• Ability to issue change orders in the system

• Capture final documentation and closeout information

• Compilation of all activity and messages for each project for tracking and audit purposes

• Ability to detect fraud throughout lifecycle of projects

• Residential portal available in multiple languages

• Option for residents to complete an application over the phone or in person

• Ability to communicate with residents

Temporary Relocation The Vendor will be responsible for temporary relocation of residents participating in the residential mitigation grant program. This includes finding and placing residents in their temporary hotels for the length of time according to the relevant bid documents. The Vendor should cover costs of relocation and invoice FDEM for those costs. If the construction activities are not completed in the time outlined in the bid document, the Vendor shall charge the cost of the additional time to the construction vendor.

Coordination with Other Vendors FDEM will be procuring additional vendors for inspection services and construction services for this program. This will include coordination and reporting and may include assigning work to other FDEM vendors. These vendors will remain as separate entities.

Reporting FDEM will require frequent reports regarding status of the program. Reports will be established once the Vendor is awarded, and implementation begins. Such reports may include:

• Number of applicants, by community, county, and/or grant program

• Milestones met for each residence by community, county, grant program, or length of time

• Number of Work Orders issued, by community, county, grant program, length of time

• Dashboard providing status of all participating residences

• Weekly report of all residential complaints and resolutions

• Weekly report of common questions

• Timesheets and descriptions of work completed in support of this program

Timeline Expectations The Agency has a short timeline for this program. The program should be completed no later than December 31, 2026. Hundreds of millions of dollars are available for residential mitigation projects in Florida and many residents are in immediate need. The selected Vendor is expected to assist the Agency with drastically streamlining the process for residents. The Agency expects to hold a kickoff meeting with the selected Vendor within one business day of Vendor selection. The Agency expects the Vendor to ensure the online portal goes live in January 2025. The Agency expects the Vendor to develop projects for submission to the State and FEMA by end of February 2025. The Agency will also expect the Vendor to manage and ensure the other vendors involved in this project adhere to the strict timeline.

FDEM reserves the right to require tasks not specifically set forth above.

Subcontractor Approval:

All new subcontractors (subcontractors not identified in the RFQ response) to be onboarded after contract execution must submit a subcontractor approval request to the Contract Manager via email no less than 5 business days prior to the anticipated start date of subcontractor staff. Subcontractors shall not commence work until written approval is given by the Contract Manager or designee. Approval request emails must include the below information, at minimum:

• Anticipated start date

• Engagements the subcontractor will be working

• Name(s) of staff being brought on under the subcontractor

• Completed W-9 form

• Completed Form 1

Only one approval is required per subcontractor for an engagement. If the subcontractor hires new staff that will be working on an engagement, a notice should be provided to the contract manager detailing the new staff’s name, anticipated start date, and applicable engagement(s). Contractors are required to produce copies of subcontractor agreements for an engagement upon request from the Contract Manager or designee.

Method of Compensation A Contract shall be issued by the Agency to the Vendor. Weekly timesheets shall be kept by each employee for all activities completed during the previous month. Monthly invoices with approved timesheets attached shall be submitted to the Contract Manager for payment, along with required back up documentation for reimbursable costs.

Compensation will be based on contracted hours worked and completed during the invoiced monthly service period and meeting all of the required deliverables within the specific milestones. Timesheets shall include whether the work was in support of general project management, the Hazard Mitigation Grant Program, or the Flood Mitigation Assistance Swift Current grant program. The Vendor shall cover the costs of the temporary relocation of participants and may include those costs in the monthly invoices.

Deliverables/Milestones Milestones for this project are as follows:

• Milestone 1: Online Portal is launched and outreach begins.

o Within January 1 but no later than January 22, 2025

• Milestone 2: Case Managers work with residents and Application Development team and submit application to the Agency for review.

o Resident(s) must be contacted within one business day of their application to be introduced to their Case Manager and have next steps explained. This means teams will need to be ready for intake upon the launch of the portal.

• Milestone 3: Pre-construction work including inspections and design is assigned and completed.

o Pre-construction work orders should be issued within two business days of notification.

• Milestone 4: Construction is assigned and completed.

o Construction work orders should be issued within one business week of approval from FDEM.

• Milestone 5: Post-construction inspections assigned and completed.

o Post-construction inspection work orders should be issued within two business days of notification.

• Milestone 6: Closeout.

o Closeout processing should be completed within two business weeks of final inspection report issuance.

The Vendor personnel shall complete 100% of assignments in a proper and satisfactory manner as determined by the Agency. Each assignment will be evaluated for completion by the Agency’s Contract Manager, or the assigned reviewer, through the Agency’s Salesforce invoicing platform. The Agency will have sole discretion regarding satisfactory completion and any continuation of assignments.

The Vendor will request payment for staff hours worked on required activities that are directly related to the Scope of Work. Hourly rates charged will not exceed rates for the corresponding position titles.

Additionally, the Vendor will not charge higher position level rates for lower position level activities. For example, a Project Manager performing Program Coordinator activities cannot invoice at Project Management rates for those support activities. The Vendor must invoice rates at the activity level performed. This activity will be frequently checked and failure to comply with this requirement may result in contract termination.

Payment is limited to activities that are reasonable, allowable, and necessary, and can be directly tied to the scope of work.

Reimbursable Costs and Invoicing The Vendor may seek reimbursement for documented costs and Other Direct Costs associated with meeting the requirements of this program, including but not limited to the work outlined below. Hourly rates must be inclusive of travel. Travel costs should not be included on invoices.

Invoices must be submitted through the Division of Emergency Management Enterprise Solution (DEMES). Invoices should include the following:

• Vendor name and remit to address

• Vendor billing contact phone number and/or email address

• Vendor Tax Identification number

• Purchase Order, Contract Number, and/or Task Order Number

• Billing date

• Deliverables with description of work

• Payment amounts due

• Approved Timesheets, including coding to separate work by program supported

Performance Measures and Financial Consequences for Non-Performance The Agency shall apply financial consequences for non-performance of the Contract by a Vendor. If a deliverable is deemed unsatisfactory by the Agency, the Vendor shall re-perform the deliverable, as needed, for submittal of a satisfactory deliverable, at no additional cost to the Agency, within the timeframe established by the Agency.

Continued Vendor inability to perform under the conditions of the Contract, via the established Complaint to Contractor process, per Rule 60A-1.006 Florida Administrative Code (PUR 7017 form), may result in default proceedings.

Failure to respond to an Agency request to correct a deficiency in the performance of the Contract may result in termination of the Contract.

If the Vendor fails to comply with the requirements of the Contract, the Vendor shall pay to the Agency financial consequences for such failures, unless the Agency waives such failure in writing based upon its determination that the failure was due to factors beyond the control of Vendor. Failure to comply with the deliverables in the time and manner specified will result in a payment reduction equal to 10 percent of the total Contract amount. The Agency at its sole discretion shall determine when the Contractor is failing to comply and the Agency at its sole discretion shall determine when the Vendor has remedied the failure.

Failure by the Vendor to provide the Agency with qualified personnel as agreed will result in a penalty of 100% of the Contract.

Attachment C

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

Contract Number: _______________________

RFQ#: _______________________

CONTRACT

THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, (hereinafter, "Agency"), and _______________________ (hereinafter, “Contractor" or “Vendor”), an entity duly authorized to conduct business in the State of Florida. In consideration of the mutual promises contained in this Agreement (the terms “Agreement” and “Contract” are used interchangeably herein), the parties agree as follows:

1. PURPOSE OF THE AGREEMENT

A. The purpose of this Agreement is to provide products and/or services as described in the Scope of Work attached hereto as Attachment “A” and made part hereof.

B. No work shall commence until both parties have signed the Agreement.

C. Order of Precedence. The following exhibits, including the entirety of any request for proposal (“Solicitation”), are incorporated into and made a part of this Agreement. In the event of a conflict in the terms and/or provisions of these attachments or between any of the components of this Agreement, the order of precedence for resolving such conflict shall be as follows with 1) being the highest:

1) The express terms of this Agreement, minus attachments;

2) Additional Contract Terms and Conditions (“Special Conditions”), if any, Modifying Florida PUR 1000 General Contract Conditions;

3) Attachment A – Scope of Work;

4) Attachment B – Price Sheet;

5) Attachment D – State of Florida PUR 1000 General Contract Conditions;

6) Attachment C – FDEM Contractual Services Template; and

7) Addenda, in reverse order of issuance.

2. TERM

A. The term shall begin upon the date last signed by all parties, or if the agreement is a purchase order, upon the date of issuance by the Agency to the Contractor and, unless terminated earlier in accordance with the provisions of section 9 of this Agreement, shall end on _________________________.

B. If the parties relied upon a State Term Contract in order to enter into this

Agreement, then: (1) any renewal or extension shall not exceed the expiration of the underlying State Term Contract by more than twelve (12) months; and,

(2) no renewal or extension shall occur if the underlying State Term Contract expires prior to the effective date of any renewal or extension. This provision will be subject to any and all rules and/or guidance issued by the Department of Management Services.

C. This Agreement was procured under the authority of Executive Order 24-264 and may not be renewed.

3. PERFORMANCE

A. Time is of the essence with regard to each and every obligation of the Contractor. Each such obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach.

B. The Contractor shall immediately notify the Agency in writing if its ability to perform is compromised in any manner during the term of this Agreement.

C. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Scope of Work and all contractual documents attached to this Agreement. The Agency shall be entitled at all times to be advised, at its request, as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with representatives of the Agency, or of other agencies interested in the project on behalf of the Agency.

D. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency will notify the Contractor in writing of the deficiency to be corrected within a timeframe specified by the Agency. The Contractor shall, within the time specified, provide the Agency with a written corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contractual non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor may be assessed a financial consequence up to 10% of each monthly invoice until the deficiency is corrected. The financial consequence will be applied to the invoice for the then-current billing period and shall be prorated based on the value of the service/deliverable.

E. The Agency reserves the right to inspect, at any reasonable time with prior notice, the equipment, product, plant, or other facilities of the Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance.

F. Unless otherwise prohibited by law, the Agency may require the Contractor to furnish, without additional cost to the Agency, a surety bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Agency shall determine the type and amount of security.

G. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled shipping containers according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers; additionally, no extra charges shall be applied for boxing, crating, packing, or insurance. All containers and packaging shall become and remain the Agency’s property. All purchases are F.O.B. Destination, transportation charges prepaid. A complete packing list must accompany each shipment. Transportation of goods shall be F.O.B Destination to any point within thirty (30) days after the Agency places an Order. The Agency assumes no liability for merchandise shipped to any location other than the specified destination. Items received in excess of quantities specified may, at the Agency’s option, be returned at the Contractor’s expense. Substitutions are not permitted. The Contractor, within five (5) days after receiving a purchase order, shall notify the Agency of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract termination and Contractor suspension.

H. As applicable, the Contractor shall comply with all State and Federal rules and regulations when performing under this Agreement. The Contractor shall comply with all Federal Emergency Management Agency (FEMA) rules and regulations applicable to services rendered under this Agreement.

4. COMPENSATION AND PAYMENT

A. The total funding amount of this Agreement for the purchase of commodities or the performance of services as described in Attachment “A” of this Agreement is shown in Attachment “B”.

B. Pursuant to section 287.0582, Florida Statutes, the Agency’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.

C. The parties acknowledge that Agency payments required pursuant to the terms of this Agreement are subject to and contingent upon the review and approval of the Chief Financial Officer pursuant to his authority as set forth in Article IV, Section 4 of the Florida Constitution (“The chief financial officer shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state, and shall keep all state funds and securities.”) as well as section 17.03, Florida Statutes (“The Chief Financial Officer of this state, using generally accepted auditing procedures for testing or sampling, shall examine, audit, and settle all accounts, claims, and demands, whatsoever, against the state, arising under any law or resolution of the Legislature, and issue a warrant directing the payment out of the State Treasury of such amount as he or she allows thereon.”).

D. Travel expenses must be included in the pricing and are not separately reimbursable, unless specifically authorized by the SOW or in writing by the Executive Director and shall be reimbursed only in accordance with section 112.061, Florida Statutes, except that the Agency may establish rates lower than the maximum provided in the applicable statute.

E. The Contractor shall be paid upon submission of properly certified invoice(s) to the Agency after delivery and acceptance of commodities or services is confirmed in writing by the Agency. Invoices shall contain detail sufficient for a proper pre-audit and post-audit thereof and shall contain any Purchase Order and the Vendor’s Federal Employer Identification Number (FEIN) or Social Security Number (SSN).

F. No payment requirements shall start until a properly completed invoice is provided to the Agency, inspected, and approved. Invoices that must be returned to the Contractor due to preparation errors will result in a delay in payment.

G. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages.

All taxes will be borne by the Contractor.

H. The Contractors providing goods and services to the Agency should be aware of the following time frames:

1) Pursuant to section 215.422(1), Florida Statutes, an invoice submitted to the Agency shall be recorded in the financial systems of the State, approved for payment by the Agency, and filed with the Chief Financial Officer not later than twenty (20) days after receipt of the invoice and receipt, inspection, and approval of the goods or services, except that in the case of a bona fide dispute the invoice recorded in the financial systems of the State shall contain a statement of the dispute and authorize payment only in the amount not disputed.

2) Notwithstanding the 20-day requirement above, the five (5) working day requirement, set forth in section 215.422(1), Florida Statutes, to inspect and approve goods or services rendered under this Agreement shall not apply.

The Agency will make a good faith effort to abide by the five (5) working day requirement but shall not be penalized if the inspection and approval take more than five (5) working days. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Any resulting increase in cost will be charged against the Contractor.

3) Pursuant to section 215.422(3)(b), Florida Statutes, the Agency shall issue payment to the Contractor within forty (40) days after the invoice has been received, and the goods/services inspected, and approved. Failure to issue the warrant within forty (40) days may result in the Agency paying interest at the rate established under section 55.03(1), Florida Statutes. The Agency shall not be held to the five (5) working day inspection and approval requirement in section 215.442(1), Florida Statutes.

I. TRANSACTION FEE. The State, through the Department of Management

Services, has instituted MyFloridaMarketPlace (MFMP), a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes. All payments issued by agencies to registered vendors for purchases of commodities or contractual services under chapter 287, Florida Statutes, shall be assessed a transaction fee equal to seven-tenths of one percent (0.7%) of the total amount of the payments received from the State or eligible users, as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law. Effective July 1, 2024, through June 30, 2025, transaction fees imposed for the use of MFMP are equal to seven-tenths of one percent (0.7%) of the payment issued. Vendors shall pay the Transaction Fee and are subject to automatic deduction of the transaction fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Customer will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the transaction fee or reporting of payments, which may subject the vendor to being suspended from business with the State.

J. The Contractor shall report and pay the transaction fee on a quarterly calendar basis. Transaction Fee Reports (Form PUR3776) shall be completed and submitted using the MFMP online Billing and Collection System (BCS) in Vendor Information Portal. Any misrepresentation shall be punishable under law, including, but not limited to, chapter 817, Florida Statutes.

K. The Contractor may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Agency is responsible for all payments under the Agreement. The Agency’s failure to pay, or delay in payment, shall not constitute a breach of the Agreement and shall not relieve the Contractor of its obligations to the Agency.

L. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from an agency, may be contacted at (850) 413-5516.

M. The Agency, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Agency shall require a statement from the Office of Policy and Budget that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years.

N. All refunds or repayments due to the Agency under this Agreement shall be made payable to the order of the “Florida Division of Emergency Management” and mailed directly to the attention of: Cashier, Division Finance, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399. The Contractor shall also notify the Agency Contract Manager (identified in subsection 15.B. of this Agreement) that it has issued a refund to the Agency.

5. PAYMENT AND PERFORMANCE BOND. A payment and performance bond is required pursuant to section 255.05, Florida Statutes, for contracts exceeding $10,000 for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work.

☐ This provision applies.

☒ This provision does not apply.

A. Contractor shall comply with the procedure set forth in section 255.05, Florida

Statutes.

B. Within thirty (30) days of contract execution, Contractor shall deliver to the Agency's Contract Manager, a Payment and Performance Bond or Irrevocable Letter of Credit in the amount of _______dollars ($_______), which shall be no less than the average annual price of the contract (averaged from the initial contract term pricing) at no cost to the Agency. The bond or letter of credit shall be used to guarantee at least satisfactory performance by Contractor throughout the term of the contract (including renewal years) and payments to all persons defined in section 713.01, Florida Statutes, who furnish labor, services, or materials for the prosecution of the work provided for in the Agreement. At any time after contract execution, the Contractor's bond may be reduced, or the requirement removed, for the remainder of the term (including any renewal periods).

C. The bond shall be maintained throughout the term of the Contract, issued by a reliable surety company which is licensed to do business in the State of Florida, as determined by the Agency, and must include the following conditions:

1) Obligee: The Agency shall be named as the beneficiary of the bond. The insurer or bonding company shall pay losses suffered by the State directly to the Agency.

2) Notice of Attempted Change: The Contractor shall provide the Agency prior written notice or immediate notice upon knowledge of any attempt to cancel or to make any other material change in the status, coverage or scope of the required bond or of the Contractor's failure to pay bond premiums.

3) Premiums: The Agency shall not be responsible for any premiums or assessments on the bond.

4) Purpose of Bond: The payment and performance bond is to protect the Agency and the State against any loss sustained through failure of the Contractor's performance of the Services in accordance with the Contract.

No work shall begin nor shall payments be made to the Contractor until the performance bond has been executed and recorded and approved by the Agency in writing.

6. INDEMNITY AND PAYMENT FOR CLAIMS

A. INDEMNITY. The Contractor shall be fully liable for the actions of its agents, employees, partners, assignees, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Agency, and their officers, agents, and employees, from suits, actions, damages, and costs, including attorneys’ fees, arising from or…