RFP-DEM-21-22-026 Hurricane Loss Mitigation Program (HLMP).pdf

State of Florida Division of Emergency Management

Request for Proposals (RFP) For

Hurricane Loss Mitigation Program RFP No: RFP-DEM-21-22-026

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Any protest must be timely filed with the Division of Emergency Managements’ Agency Clerk, 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100.

Procurement Officer: Jenene Helms Florida Division of Emergency Management

2555 Shumard Oak Blvd.

Tallahassee, FL 32399-2100

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

1) BACKGROUND

For background information about the Division’s Hurricane Loss Mitigation Program (“HLMP”), please see the Scope of Work, Exhibit A attached to this solicitation. Note, funding is contingent on House Bill 837 becoming law, https://www.flsenate.gov/Session/Bill/2022/837.

2) SOLICITATION

The Division solicits written proposals from responsible and responsive Proposers who seek to perform mitigation retrofit improvements to approved structures.

In order to qualify for an award, the proposed mitigation retrofit improvements must reduce losses or reduce the cost of rebuilding after a disaster. Additionally, Proposers must identify structures that are not in compliance with the current edition of the Florida Building Code (“FBC”).

When determining the effectiveness of a particular retrofit improvement, the Division will focus on the amount of reduction in risk exposure associated with the mitigation of a structure, not the age of that structure. Nonetheless, the Division encourages Proposers to target structures that fail to comply with no less than the 2002 edition of the FBC as retrofit improvements to those properties may yield the greatest savings for the Hurricane Catastrophe Fund. Please see Exhibit A, Scope of Work.

3) PROPOSERS

For the purpose of this document, the term “Proposer” means the prime Recipient acting on its own behalf and those individuals, partnerships, firms, or corporations comprising the Proposer’s team. The term “proposal” means the complete response of the Proposer to the RFP, including properly completed forms and supporting documentation. After the award, said Proposer will be referred to as the "Recipient".

4) ELIGIBLE PROPOSERS

Grant funds awarded under the Hurricane Loss Mitigation Program qualify as state financial assistance under the Florida Single Audit Act. See section 215.971, Florida Statutes. The Catalog of State Financial Assistance number (CSFA#) is 31.066. The Legislature provides the Division with Hurricane Loss Mitigation funds through section 215.555(7)(c), Florida Statutes, and through the grants and aid appropriation category.

The following table lists the categories of eligible and ineligible proposers:

Eligible Proposers Ineligible Proposers Governmental entities Individual homeowners Nonprofit organizations For-profit organizations that do not qualify as private educational institutions Public and private educational institutions https://www.flsenate.gov/Session/Bill/2022/837 https://www.flsenate.gov/Session/Bill/2022/837

The following statutory sections provide additional guidance:

a) Section 215.555(7)(c), Florida Statutes, limits HLMP funding to “local governments, state agencies, public and private educational institutions, and nonprofit organizations.”

b) Grants and aid. In order to qualify for an award of a State-Funded Grant

Agreement under the “grants and aid” appropriation category, a Recipient must be either a unit of government or nonstate entity. See section 216.011(1)(r), Florida Statutes.

c) Nonstate entity. As defined by section 215.97(2)(n), Florida Statutes, nonstate entity “means a local governmental entity, nonprofit organization, or for-profit organization that receives state financial assistance.”

1. Local governmental entity. As defined by section 215.97(2)k), Florida

Statutes, local governmental entity “means a county as a whole, municipality, or special district or any other entity excluding a district school board, charter school, Florida College System institution, or public university, however styled, which independently exercises any type of governmental function within the state.”

2. Nonprofit organization. As defined by section 215.97(2)(m), Florida Statutes, nonprofit organization “means any corporation, trust, association, cooperative, or other organization that:

a. “Is operated primarily for scientific, educational service, charitable, or similar purpose in the public interest.

b. “Is not organized primarily for profit.

c. “Uses net proceeds to maintain, improve, or expand the operations of the organization.

d. “Has no part of its income or profit distributable to its members, directors, or officers.”

3. For-profit organization. As defined by section 215.97(2)(g), Florida Statutes, for-profit organization “means any organization or sole proprietor that is not a governmental entity or a nonprofit organization.”

5) RESPONSIBILITY

In order to qualify as a responsible vendor as that term is defined by section 287.012(25), Florida Statutes, a Proposer must demonstrate the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

6) PROPOSALS

Applicants may submit one (1) proposal for a maximum award amount of $194,000.

Subcontractors may appear in more than one proposal. Sections 29 through 31 of this RFP provide additional guidance on proposal requirements.

7) RESPONSIVENESS

a) Vendor. In order to qualify as a responsive vendor as that term is defined by section 287.012(27), Florida Statutes, a Proposer must submit a proposal that conforms in all material respects to this solicitation.

b) Proposal. In order to qualify as a responsive proposal as that term is defined by section 287.012(26), Florida Statutes, a proposal must conform in all material respects to this solicitation.

1. The Division shall not consider any proposal that contains a material deviation from the terms of this solicitation. However, the Division reserves the right to consider a proposal that contains a minor deviation or irregularity so long as that minor deviation or irregularity does not provide a competitive advantage over the other Proposers.

2. The Division shall not permit a vendor to amend a proposal after the due date for submissions – even if to correct a deviation or irregularity.

3. Proposals shall not be considered if not received by the Division on or before the date and time specified as the due date for submission.

4. All proposals must be typed or printed in ink.

5. A proposal may fail to qualify as responsive by reasons that include, but are not limited to:

a. Failure to include a material form or addendum;

b. Failure to include material information;

c. Modification of the proposal specifications;

d. Submission of conditional proposals or incomplete proposals; and,

e. Submission of indefinite or ambiguous proposals.

6. Other conditions which may cause rejections of proposals include but are not limited to:

a. Submission of more than one proposal from the same vendor;

b. Evidence of collusion among Proposers;

c. Obvious lack of experience or expertise to perform the required work;

d. Failure to perform or meet financial obligations on previous contracts or grant agreements; and,

e. Inclusion on the United States Comptroller General’s List of Ineligible

Contractors for Federally Financed or Assisted Projects.

8) SELECTION CRITERIA

The Division will make awards to the responsible and responsive Proposers whose proposals represent the most advantageous options for the State. The Division will evaluate each proposal in order to determine which ones provide the best value. In making these determinations, the Division will focus on specific criteria as outlined in section 30 and section 39 of this solicitation.

9) AWARDS

The Division intends to award State-Funded Grant Agreements to the most responsive and responsible Proposers whose proposals are determined to be the most advantageous to the Division. After awards, said Proposers will be referred to as the “Recipient”. Awards will be offered to the Proposer with the overall highest average score, then to the Proposer with the next highest average score, and so on, until all funds have been offered or all eligible proposals have been funded. Partial funding may be offered to Proposers in order to expend all available money.

The Notice of Intent to Award will be announced and posted on the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP).at:

https://vendor.myfloridamarketplace.com/ after final evaluation and totaling of scores at the Selection Committee meeting specified in the Timeline of Events.

10) PERIOD OF PERFORMANCE

The Division anticipates that the period of performance will begin on date of final execution of the Agreement by the Division and be effective through June 30, 2023.

11) TIMELINE OF EVENTS

Provided below is a list of critical dates and actions. These dates are subject to change.

Notice of changes (addenda) will be posted on the MFMP VIP at https://vendor.myfloridamarketplace.com/. It is the responsibility of all potential Proposers to monitor this site for any changing information.

https://vendor.myfloridamarketplace.com/

Timeline of Events - Action/Location Event Time (Eastern Time) Event Date

RFP posted on the MFMP VIP 5/9/2022

Deadline to submit questions to the Procurement Officer 2:00 PM 5/16/2022

Division’s anticipated posting of answers to Respondent’s questions on the MFMP VIP 5/20/2022

Deadline to submit Proposal and all required documents to the Procurement Officer. 2:00 PM 5/27/2022

Public Opening.

Procurement to open responses and read respondents names aloud only.

Conference Call Info:

Dial in Number- 1 888 585 9008 Conference Room- 527-059-248

(No in-person meeting)

2:30 PM 5/27/2022

Formal Evaluations Conducted 5/31/2022- 6/14/2022

Scores due to Procurement Officer from Evaluators 6/14/2022

Anticipated date to post Notice of Intent to Award 6/20/2022

12) CONTACT PROVISION

As required by section 287.057(25), Florida Statutes, the Division highlights the following provision:

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

13) SPECIAL ACCOMMODATIONS

Any person requiring a special accommodation due to a disability should contact the Division’s Procurement Manager at (850) 815-4609. Requests for accommodation for meetings must be made at least five working days prior to the meeting. A person who is hearing or speech impaired can contact the American with Disabilities Act (ADA) Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

14) MYFLORIDAMARKETPLACE

Awarded Proposers must complete this process prior to Contract execution. For additional information, please visit: https://vendor.myfloridamarketplace.com/.

15) FLORIDA DEPARTMENT OF FINANCIAL SERVICES (DFS) W-9 INITIATIVE

Awarded Proposers must register and complete an electronic Florida Substitute W-9 form prior to contract execution. The Internal Revenue Service (IRS) receives and validates the information vendors provide on the form. For instructions on how to complete the Florida Substitute W-9 form, please visit:

http://www.myfloridacfo.com/Division/AA/StateAgencies/W-9Instructions022212.pdf

16) 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.

17) QUESTIONS & ANSWERS

Proposers will address all questions during the Question and Answer period regarding this solicitation in writing to the Procurement Officer via email. The deadline for submission of questions is reflected in the Timeline of Events section.

The Division requests that all questions have the solicitation number in the subject line of the email. Questions are requested to be submitted in the following format:

Question # Vendor Name RFP Section / Attachment Page # Question

Questions will not constitute formal protest of the specifications of the solicitation.

Division answers to written inquiries will be issued via the MFMP VIP.

https://vendor.myfloridamarketplace.com/

18) ORAL INSTRUCTIONS / CHANGES TO THE REQUEST FOR PROPOSAL /

ADDENDA

No negotiations, decisions, or actions will be initiated or executed by a Proposer as a result of any oral discussions with a State employee. Only those communications which are in writing from the Division will be considered as a duly authorized expression on behalf of the Division.

Notices of changes (addenda) will be posted on the MFMP VIP at:

https://vendor.myfloridamarketplace.com/. It is the responsibility of all potential Proposers to monitor this site for any changing information prior to submitting your proposal. All addenda will be acknowledged by signature and subsequent submission of addenda with proposal when so stated in the addenda.

19) DIVERSITY ACHIEVEMENT

The Division is dedicated to fostering the continued development and economic growth of minority, veteran and women owned businesses. Participation of a diverse group of Respondents doing business with the State of Florida is central to the Division’s effort.

The Division, its vendors, suppliers, and consultants shall take all necessary and reasonable steps to ensure that minority, women, and veteran businesses have the opportunity to compete for and perform contract work for the Division in a non-discriminatory environment. To this end, minority, veteran, and women owned businesses are encouraged to participate in the state’s competitive, procurement process as both Vendors and Sub-contractors. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com.

19) SCOPE OF SERVICES

Details of the work, information and items to be furnished by the Proposer are described in the Scope of Work, Exhibit A, attached hereto and made a part hereof.

20) QUALIFICATIONS

The Division will determine whether the Proposer is qualified to perform the services being contracted based upon their proposal demonstrating satisfactory experience and capability in the work area. The Proposer shall identify necessary experienced personnel and facilities to support the activities associated with this Request for Proposal.

Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the Scope of Work (Exhibit A). Individuals whose qualifications are presented will be committed to the project for its duration unless otherwise exempted by the Division’s Project Manager. Where State of Florida registration or certification is deemed appropriate, a copy of the registration or certificate should be included in the proposal package.

In accordance with sections 607.1501, 605.0902, and 620.1902, Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. “Foreign Corporation” means a corporation for profit incorporated under laws other than the laws of this state. Such authorization should be obtained by the proposal due date and time, but in any case, must be obtained prior to grant agreement execution.

If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the proposal due date and time, but in any case, must be obtained prior to grant agreement execution.

21) WARRANTY / SUBSTITUTIONS

When performance of the services requires the supply of commodities, a warranty is required on all items provided against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from these criteria must be documented in the proposal or the above statement shall prevail.

All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the Contractor, at their expense, for replacement.

Replacement of all items found defective shall be made without cost to the Division, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective.

22) LIABILITY INSURANCE

The Contractor shall not commence any work until they have obtained the following types of insurance, and certificates of such insurance have been received by the Division. Nor shall the Contractor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Contractor shall submit the required Certificates of insurance to:

Florida Division of Emergency Management C/O Jenene Helms 2555 Shumard Oak Blvd. /Tallahassee, Florida 32399-2100.

The Contractor must carry and keep in force during the period of this agreement a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $150,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $150,000.00 each occurrence, for the services to be rendered in accordance with this contract.

All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida. Such policies shall provide that the insurance is not cancellable except upon thirty (30) days prior written notice to the Division.

The Division shall be exempt from, and in no way liable for, any sums of money which may represent a deduction in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor or subcontractor providing such insurance.

23) AGREEMENT DOCUMENT

The Division’s “State-Funded Grant Agreement” is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this RFP. In submitting a proposal, the Proposer agrees to be legally bound by these terms and conditions.

The Agreement will consist of the Exhibit A - Scope of Work; Exhibit B - Acknowledgment and the Proposers Proposal agreed upon by the Division, upon which the award was based. This solicitation and all terms are hereby incorporated by reference. No additional documents submitted by a Proposer will be incorporated in the Agreement.

During the solicitation period, the Division may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

The General Contract Conditions to Respondents (PUR 1000, 2006 version) are incorporated by reference and can be accessed at:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms _references_resources/purchasing_forms

The following sections of the PUR 1000 (General Contract Conditions) are not applicable:

a) Paragraph 14, Transaction Fee;

b) Paragraph 40, Prison rehabilitative Industries and Diversified Enterprises, Inc

(PRIDE);

c) Paragraph 41, Products Available from the Blind or Other Handicapped.

24) REVIEW OF PROPOSER’S FACILITIES & QUALIFICATIONS

After the proposal due date and prior to contract execution, the Division reserves the right to perform or have performed an on-site review of the Proposer’s facilities and qualifications. This review will serve to verify data and representations submitted by the Proposer and may be used to determine whether the Proposer has an adequate, qualified and experienced staff and can provide overall management facilities. The review may http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms also serve to verify whether the Proposer has financial capability adequate to meet the contract requirements.

Should the Division determine that the proposal has material misrepresentations or that the size or nature of the Proposer’s facilities or the number of experience personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Division has the right to reject the proposal.

25) PROTEST OF REQUEST FOR PROPOSAL SPECIFICATIONS

Any person who is adversely affected by the contents of this Request for Proposal must follow the procedure outlined in section 120.57(3), Florida Statutes and file protests with the Division: Division of Emergency Management, Agency Clerk, 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

26) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any Contractor is considered a violation of section 274A (e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. All contractors must e-verify the employment status of their employees and subcontractors to the extent permitted by federal law and regulation. The U.S.

Department of Homeland Security website (e-verify) is available at: http://www.dhs.gov.

27) RESERVATIONS

The Division reserves the right to accept or reject any or all proposals received and reserves the right to make an award without further discussion of the proposals submitted.

Therefore, the proposals should be submitted initially in the most favorable manner. It is understood that the proposal will become a part of the Division’s official file, without obligation to the Division.

28) ADDITIONAL TERMS & CONDITIONS

No conditions may be applied to any aspect of the RFP by the Proposer. Any conditions placed on any aspect of the RFP documents by the Proposer may result in their proposal being rejected as a conditional proposal (see “RESPONSIVENESS OF PROPOSALS”).

DO NOT WRITE IN CHANGES ON ANY PART OF THIS RFP OR THE ATTACHMENTS.

The only recognized changes to the RFP prior to proposal opening will be written addenda issued by the Division.

http://www.dhs.gov/files/programs/gc_1185221678150.shtm http://www.dhs.gov/files/programs/gc_1185221678150.shtm

29) PROPOSAL FORMAT INSTRUCTIONS

This section contains instructions that describe the required format for the proposal. All proposals submitted shall be marked as follows:

TECHNICAL PROPOSAL NUMBER:

RFP-DEM-21-22-026 HURRICANE LOSS MITIGATION PROGRAM

(One Sealed Package for Technical)

30) TECHNICAL PROPOSAL (13 PAGES MAX)

The Proposer must submit one (1) original, four (3) copies and one (1) thumb drive that contain the Technical Proposal, which must be divided into the sections described below.

The original must be labeled “Original” and must contain an original signature of the authorized official. Since the Division will expect all technical proposals to be in this format, failure of the Proposer to follow this outline may result in the rejection of the proposal. Proposals shall contain the following:

a) Transmittal Letter (Limit 1 Page). Each Proposer shall provide a transmittal letter signed by an authorized individual for the organization submitting the proposal to the Division in response to this RFP. The letter must include the following:

1. RFP Number RFP-DEM-21-22-026: Hurricane Loss Mitigation Program

2. Organization Name: Must be an eligible Proposer as defined in section 3;

3. Project Title: A short title that adequately describes the project;

4. Federal Tax ID Number: For organization classification purposes;

5. Point of Contact Information: Name, title, address, telephone number, cell number (if applicable), and email address.

b) Table of Contents (Not included in page count). Each proposal shall provide a table of contents which clearly indicates the page numbers for the required sections.

c) Executive Summary (Limit 2 Page). The Proposers shall provide an Executive Summary to be written in non-technical language to include:

1. Project Description – Description and purpose of the grant project;

2. Capabilities and Qualifications – Description of the resources available throughout the project;

3. Experience – Proposer’s relative previous experience that the city or organization has had with the project and/or grant management;

4. Approach - Proposer’s approach for accomplishing the services specified for grant’s promotion, selection of the structure, contractor bidding, and quality control and compliance methods

d) Project Team (Limit 2 Pages). The Proposers shall:

1. Identification of Managers and Key Personnel – Identify who is on the project team;

2. Relevant Summary of Qualifications and Experience – Provide a summary of the Project Manager’s qualifications and each team member’s relevant experience as it relates to the Scope of Work;

3. Successful Completion of Grant Cycle – Identify and summarizes a grant cycle experience where the project management team had successfully addressed all necessary requirements for completion.

e) Work Plan (Limit 3 Pages). A Work Plan shall be provided that describes how the

Proposer will complete the Scope of Work as shown in Exhibit A. Detailed information should address the following:

1. Project Timeline – Identify and justify milestones and number of days to complete each respective milestone and projected date of completion, DEM report submission, deliverable dates, invoice dates and estimated project start and finish dates;

2. Team Member Responsibilities – Identify individual team members’ work responsibilities, estimated time to complete the task and how the assignment relates to the project timeline;

3. Performance Measures/Meeting Schedule Deadline – Establish and discuss the methodology that will be used to measure performance and maintain schedules. Include identification of any equipment that is required to complete the Scope of Work.

f) Need/ Justification/ Vulnerability (5 Pages). The Proposers shall:

1. Identify Need – Clearly identify a demonstrated mitigation need and explain how this project will solve the need. To also include how many people will benefit from this need;

2. Vulnerability – Provide information and/or history on proposed area and residents, as they have been or are capable of being impacted;

3. Financial Need – Provide the use of income statistics to define a financial need;

4. Solution – Correlate the receiving of the grant to specific mitigation actions.

Describe the proposal and how it will mitigate current conditions;

5. Short Term/Long Term Benefits – Define the short term and long term benefits to the community and the economic impacts at the state and local level.

Describe the level of protection the project will provide and if it is accounting for future climate conditions (e.g. 50 year event, 100 year event, etc.).

g) Exhibit B, Acknowledgement Form (Not included in page count). Fully completed and executed Exhibit B, as attached to this RFP.

31) PRESENTING THE PROPOSAL

The proposal shall be limited to a page size of eight and one-half by eleven inches (8 ½” x 11”). Foldout pages may be used, where appropriate, but should not exceed five (5) percent of the total number of pages (one page) comprising the proposal. Type size shall not be less than 10-point font. Proposals must be securely bound and clearly labeled.

The proposal should be indexed and all pages sequentially numbered. It is recognized that existing financial reports, documents, or brochures, such as those that delineate the Proposer’s general capabilities and experience, may not comply with the prescribed format. It is not the intent to have these documents reformatted and they will be acceptable in their existing form in an Appendix. The one (1) thumb drive should be labeled Technical Proposal with the RFP number, and the organization’s name.

32) DRUG-FREE WORK PLACE” PREFERENCE

Whenever two or more proposals which are equal with respect to quality and service are received, the Division shall determine the order of award by giving a preference to Proposers whose response certifies the business has implemented a drug-free workplace program in accordance with section 287.087, Florida Statutes. The “Drug-Free Workplace Program Certification” must be completed and submitted with the proposal for this preference.

33) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a technical proposal only if accompanied by a waiver that will allow the Division to make paper and electronic copies necessary for the use of Division staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, capter 119, and Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. The Division will own all outreach products developed under this proposal.

34) CONFIDENTIAL, PROPRIETARY OR TRADE SECRET MATERIAL

The following subsection supplements section 19 of the PUR 1001. Unless exempted by law, all responses to this RFP are a public record subject to chapter 119, Florida Statutes.

If a Respondent considers any portion of the documents, data or records submitted in its Proposal to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, a Respondent must: (1) clearly mark the confidential portions of its Proposal as “Confidential”; (2) simultaneously provide the Division with a separate Redacted Copy of its Proposal; and (3) briefly describe in a cover letter on the Redacted Copy the grounds for claiming an exemption from the public records law.

The Redacted Copy shall contain the Division’s solicitation name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Respondent should only redact those portions of the Redacted Copy that the Respondent claims are confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority.

Each redaction must include the specific statutory citation for the claimed exemption.

In the event of a request for public records pursuant to chapter 119, Florida Statutes, the Florida Constitution, or other authority, to which documents that are marked as “Confidential” are responsive, the Division will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Division will notify the Respondent that such an assertion has been made. It is the Respondent’s responsibility to assert that the information in question is exempt from disclosure under chapter 119 or other applicable law. If the Division becomes subject to a demand for discovery or disclosure of the Confidential Information of the Respondent in a legal proceeding, the Division shall give the Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Respondent shall be responsible for defending its determination that the redacted portions of its Proposal are confidential, proprietary, trade secret or otherwise not subject to disclosure.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Division for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If the Respondent fails to mark any exempt material as “Confidential”, or fails to submit a Redacted Copy of the information it claims is confidential, the Division is authorized to produce, in its entirety, all documents, data or records submitted to the Division in answer to a public records request for these records.

35) COSTS INCURRED IN RESPONDING

This Request for Proposal does not commit the Division or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a proposal or to make necessary studies or designs for the preparation thereof, nor to procure or contract any articles or services.

36) MAIL OR DELIVER PROPOSAL TO: (DO NOT FAX or E-MAIL)

RFP-DEM-21-22-026 Hurricane Loss Mitigation Program Florida Division of Emergency Management C/O Jenene Helms 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100

It is the Proposer’s responsibility to assure that the proposal is delivered to the proper place on or before the Proposal Due date and time (See introduction section 11 Timeline of Events). Proposals which for any reason are not so delivered shall not be considered.

By submitting a proposal, the Proposer represents that it understands and accepts the terms and conditions to be met and the character, quality and scope of services to be provided.

All proposals and associated forms shall be signed and dated in ink by a duly authorized representative of the Proposer.

Each Proposer shall fully acquaint itself with the conditions relating to the performance of the services under the conditions of this Request for Proposal. This may require an on-site observation.

37) MODIFICATIONS, RESUBMITTAL & WITHDRAWAL

Proposers may modify submitted proposals at any time prior to the proposal due date.

Requests for modification of a submitted proposal shall be in writing and must be signed by an authorized signatory of the Proposer. Upon receipt and acceptance of such a request, the entire proposal will be returned to the Proposer and not considered unless resubmitted by the due date and time. Proposers may also send a change in a sealed envelope to be opened at the same time as the proposal. The RFP number, due date and time should appear on the envelope of the modified proposal.

38) PROPOSAL OPENING

All proposal openings are open to the public. Proposals will be opened by the Division at the date, time and location in the Timeline of Events.

39) PROPOSAL EVALUATION PROCESS

An Evaluation Committee will be established to review and evaluate each proposal submitted in response to this Request for Proposal.

The Procurement Office will distribute to each member of the Evaluation Committee a copy of each technical proposal. The Evaluation Committee members will independently evaluate the proposals based on the evaluation categories established below, in order to assure that proposals are uniformly rated. The review of these categories will demonstrate the Proposer’s understanding of the project, and highlight the qualifications, approach and capabilities in order to assure a quality product. Evaluation Committee members’ scores for each proposal will be totaled and that total divided by the number of team members to obtain an average total score for each proposal. Proposers must attain an average score of eighty-one (81) points or higher on the Technical Proposal to be considered for an award. Should a Proposer receive fewer than eighty-one (81) points for their Technical Proposal score, the Technical Proposal will not receive any further consideration.

The following “up to” point system is established for scoring the technical proposals:

Evaluation Categories and Point Value (up to 113 points):

a) Transmittal Letter: 2 Points

b) Executive Summary: 8 Points

c) Project Team: 8 Points

d) Work Plan 30 Points

e) Need/Justification 65 Points

41) POSTING OF INTENDED AWARD

The Division’s decision will be posted on the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) at: https://vendor.myfloridamarketplace.com/ on date and time in the Timeline of Events, and will remain posted for a period of seventy-two (72) hours. Any person who is adversely affected by the contents of this Request for Proposal must follow the procedure outlined in section 120.57(3), Florida Statutes and file protests with the Division: Division of Emergency Management, Agency Clerk, 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

42) REQUEST TO WITHDRAW PROPOSAL

Requests for withdrawal will be considered if received by the Division, in writing, within seventy-two (72) hours after the proposal opening time and date. Requests received in accordance with this provision will be granted by the Division upon proof of the impossibility to perform based upon obvious error on the part of the Proposer.

43) AWARD OF THE AGREEMENT

Services will be authorized to begin when the Proposer receives a State-Funded Grant Agreement executed by both parties, indicating the encumbrance of funds and award of the agreement.

45) TERMS AND CONDITIONS

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

a) Exhibit A, Scope of Work

b) Exhibit B, Acknowledgement

c) Exhibit C Evaluation Worksheet

d) Exhibit D, Drug-Free Workplace Program Certification

e) Exhibit E, Property Information Sheet (Sample)

f) Exhibit F, State-Funded Grant Agreement

46) PUBLIC RECORDS

If this Agreement involves a contract for services, and if the Contractor is acting on behalf of the Division, then the Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Agreement. In accordance with section 119.0701(2), Florida Statutes, the contractor must:

a) Keep and maintain public records required by the public agency to perform the service.

b) Upon request from the publics agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

As required by section 119.0701(2)(a), Florida Statutes, the Division includes the following statement in at least 14-point boldfaced type:

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS

AT: Florida Division of Emergency Management, (850) 815-7671, records@em.myflorida.com, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399.

Pursuant to section 287.058(1)(c), Florida Statutes, the Division may unilaterally cancel a contract if the vendor refuses to allow public access to all non-exempt documents, papers, letters, or other material made or received by the contractor in conjunction with the contract.

47) COOPERATION WITH THE INSPECTOR GENERAL

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

48) PUR 1001, GENERAL INSTRUCTIONS TO RESPONDENTS

This is a standard form from the Department of Management Services that the Division is required to include in all formal solicitations. PUR 1001, General Instructions to Respondents, are incorporated by reference and provided at:

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

The following sections of the PUR 1001 (General Instructions) are not applicable:

mailto:records@em.myflorida.com mailto:records@em.myflorida.com

a) Section 3 - Electronic Submission of Proposals: Proposals shall be submitted in accordance with the instructions in this solicitation

b) Section 4 – Terms and Conditions: Section 28 will supersede

c) Section 5 - Questions: Section 17 will supersede

EXHIBIT A

SCOPE OF WORK AND BUDGET

RFP-DEM-21-22-026

HURRICANE LOSS MITIGATION PROGRAM

HISTORICAL BACKGROUND

In 1993, the Legislature created the Florida Hurricane Catastrophe Fund (“Cat Fund”).

Codified in section 215.555, Florida Statutes, the Cat Fund: (1) provides a form of reinsurance for residential property insurers; and, (2) authorizes the expenditure of certain moneys to support programs that mitigate hurricane losses.

Section 215.555 requires that each insurance company pay premiums into the Cat Fund;

those premiums are calculated based on actual catastrophic exposure. Initially, the Cat Fund collected from both “Participants” and “Non-Participants.” The term “Participants” refers to insurers who provide residential policies and small business commercial policies covering structures and contents; the term “Non-Participants” refers to insurers who provide property and casualty coverage. The latter is broader than the former; and, the former falls under the broader category of the latter. In other words, “Non-Participant” coverage includes “Participant” coverage; but, “Non-Participant” coverage also includes other types of insurance.

The State Board of Administration oversees the Cat Fund, which qualifies as a trust fund under state law.

In 1994, the Internal Revenue Service (“IRS”) issued a letter addressing the status of the Cat Fund for Federal income tax purposes. Recognizing that Participant contributions to the Cat Fund make the Fund look like a taxable, reinsurance program, the IRS nonetheless concluded that revenue earned by the Cat Fund qualifies as tax-exempt. In reaching this conclusion, the IRS focused on two, key components of the program: (1) the Non-Participant contributions; and, (2) the fact that the “State will appropriate moneys from the Fund each year and expend such moneys for specified purposes which are unrelated to its obligations under the Contracts.” Thus, in finding the Cat Fund tax exempt, the IRS relied at least in part on the mandatory use of some Cat Fund moneys for the public purpose of hurricane loss mitigation.

For fiscal year 1997-1998, the Legislature appropriated the $10 million from the Cat Fund and split that appropriation into three categories: $4.1 million to match grants from the Federal Emergency Management Agency; $3.1 million going to the Residential Construction Mitigation Program under the Department of Community Affairs; and, $2.8 million for sand dune restoration.

Citing policy considerations, Governor Chiles vetoed the $2.8 million appropriation for sand dune restoration. In his veto message, Governor Chiles stated that “[f]unding of these projects from these funds would set the wrong precedent; these funds should be for the purpose of enhancing residential mitigation.”

Despite the IRS’ reliance on Florida’s assertion that it would annually appropriate at least $10 million in Cat Fund moneys for hurricane loss mitigation programs, Governor Chiles’ decision to veto the sand dune appropriation reduced that year’s overall mitigation appropriation down to $7.2 million.

In 1999, the Florida Legislature passed the “Bill Williams Residential Safety and Preparedness Act” (“the Act”). With an effective date of July 1, 2000, the Act created the Hurricane Loss Mitigation Program (“HLMP”) as outlined in section 215.559, Florida Statutes.

The House of Representatives staff analysis describes the purpose of the Act as follows:

“This bill creates the Hurricane Loss Mitigation Clearing Trust Fund (“HLMCTF”) to receive transfers from the Florida Hurricane Catastrophe Fund (“Cat Fund”) to provide funding for hurricane mitigation programs.” Addressing the concern that another line item veto could threaten the tax exempt status of the Cat Fund, the analysis goes on to state:

“The creation of the HLMCTF assures that the $10 million will be appropriated from the Cat Fund, thus making it less likely that a line item veto will jeopardize the tax exempt status of the Cat Fund.”

PRESENT SITUTATION

Currently, the Legislature annually appropriates $10 million from the Florida Hurricane Catastrophe Fund to the Florida Division of Emergency Management (“Division”) for the Division to administer the HLMP. By statute, that $10 million is allocated as follows:

• $3.5 million “to improve the wind resistance of residences and mobile homes, including loans, subsidies, grants, demonstration projects, and direct assistance;

educating persons concerning the Florida Building Code cooperative programs with local governments and the Federal Government; and other efforts to prevent or reduce losses or reduce the cost of rebuilding after a disaster.”

• $3 million “to retrofit existing facilities used as public hurricane shelters”

• $2.8 million “to inspect and improve tie-downs for mobile homes”

• $700,000 “to the Florida International University center dedicated to hurricane research”

Previously, the Division allocated $3.5 million for the Residential Construction Mitigation Program (“RCMP”), which provided grant funding to governmental entities, and nonprofit organizations as a means to improve the resiliency of residential structures within their communities. The RCMP utilized a benefit-cost analysis (BCA) for each of the submitted projects in order to determine whether the mitigation retrofits were cost-effective.

Presently, the Division expanded the $3.5 million HLMP appropriation beyond the original scope of the RCMP, which excluded non-residential structures. The Division allocates $3.5 million for any construction mitigation efforts that will “prevent or reduce losses or reduce the cost of rebuilding after a disaster” – provided that the construction:

• Involves a structure; and,

• Does not supplant any other mitigation grant program funded by or through the

Division.

The Recipient will provide mitigation retrofit improvements as identified in RFP-DEM-21- 22-026 on as many qualified structures as possible during the period of performance for this Agreement and within the awarded amount. The Division of Emergency Management’s (Division) Project Information Sheet (PIS) will be the controlling document that monitors expenditures for the approved mitigation properties.

All structures shall be located in the geographical boundaries of the State of Florida and be approved by the Division. The Recipient shall focus on a comprehensive approach that ties together all aspects of mitigation.

The Recipient shall be responsible for the implementation, management, coordination, and facilitation of all aspects related to the mitigation retrofit projects approved under this RFP.

The intent of the program is to mitigate a structure comprehensively. Comprehensive mitigation takes into account as many facets of mitigation as can be achieved given the Recipient’s budget for an identified structure. Where a comprehensive approach cannot be implemented, the Recipient must clearly justify (i.e., structure has already been partially mitigated or structure does not otherwise require certain measures) the reasons for the deviation. All awarded funds must be directly related to mitigation improvements.

The Division will conduct a benefit-cost analysis (BCA) for each of the submitted properties to determine if the mitigation retrofits are cost-effective.