RFP-DEM-22-23-028.pdf

State of Florida Division of Emergency Management

Request for Proposals (RFP): Migrant Transportation Program

RFP Number: RFP-DEM-22-23-028

Procurement Officer: Tara Walters Florida Division of Emergency Management

2555 Shumard Oak Blvd.

Tallahassee, FL 32399-2100

Phone: 850-815-4606 Email: Tara.Walters@em.myflorida.com mailto:Tara.Walters@em.myflorida.com

1. Solicitation Objective

The Florida Division of Emergency Management (“Division” or “FDEM”) is issuing a Request for Proposals (RFP) to establish contract(s) to manage and implement a program to relocate individuals who have documentation from the United States Government indicating that the United States Government processed and released the individual into the United States without admitting him or her in accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. ("Inspected Unauthorized Aliens"). Under the supervision of the Division’s Contract Manager, selected vendor(s) will be required to provide ground and air transportation and other related services (collectively, “Relocation Services"), to assist in the voluntary relocation of Inspected Unauthorized Aliens that have agreed to be relocated from Florida, or another state, to a location within the United States.

Services may include, but are not limited to:

• research and planning

• identification, vetting, eligibility determination and selection of relocation candidates

• ensuring such candidates provide informed voluntary consent before relocation

• providing language interpretation and translation services

• document/records handling

• providing transportation, to include air transportation

• obtaining necessities and personal hygiene products for transported persons

• providing meals and lodging

• providing security measures to ensure the safety of the public and transported persons from initial selection and transport point of origin through arrival at destination

• coordinating or arranging for social services at the destination.

• any additional activities related to the selection, support, and transportation of

Inspected Unauthorized Aliens as included in a proposal or as determined to be necessary by the Division

Respondents interested in submitting a Proposal should comply with all terms and conditions described in this solicitation and supporting attachments.

Services for contract(s) resulting from this RFP are described in Attachment A, Scope of Work, and Attachment B, Price Proposal.

2. Who May Respond

Any Respondent capable of demonstrating ability to provide the services as outlined in the scope of work may respond.

3. Period of Performance

The initial term will begin upon execution of a contract and continue until June 30, 2025, unless terminated earlier in accordance with the terms of the contract.

4. Procurement Officer

The Procurement Officer listed below is the sole point of contact for this RFP:

Tara Walters, Purchasing Specialist Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Phone: 850-815-4606 Email: Tara.Walters@em.myflorida.com

All emails to the Procurement Officer should contain the solicitation name and number in the subject line of the email.

5. Timeline of Events

The table below contains the Timeline of Events for this solicitation. Respondents shall become familiar with the Timeline of Events. The dates and times within the Timeline of Events may be subject to change. It is the Respondent’s responsibility to check for any changes. All changes to the Timeline of Events will be made through an addendum to the solicitation. Respondents are responsible for submitting all required documentation by the dates and times specified below (Tallahassee, Florida local time).

Timeline of Events - Action Event Time

(Eastern Time)

Event Date

RFP posted on the Vendor Information Portal (VIP). 3/31/2023

Questions due to the Procurement Officer via email. Division will respond directly to Respondent.

1:00 P.M. 4/4/2023

Deadline to submit proposals to the Procurement Officer via email. 1:00 P.M. 4/7/2023

Anticipated Announcement of Contractor Selection 4/14/2023 mailto:Tara.Walters@em.myflorida.com

6. Addendum to the RFP

If the Division determines that modifications to the RFP are necessary, it intends to notice those modifications by posting addenda. Addenda will be posted on the VIP. It is the responsibility of the Respondent to regularly check for addenda to the RFP. The Respondent is solely responsible for determining whether addenda to the RFP have been issued and for reviewing impact of addenda on the RFP. However, after receipt of proposals, the Division may elect to communicate modifications directly with Respondents that have submitted proposals in lieu of posting on the VIP.

7. Terms and Contract Formation

The contract will consist of the Attachment A, Scope of Work, contract documents and forms, Special Conditions, and the Attachment B, Price Proposal submitted by the selected Respondent(s) and agreed upon by the Division. This RFP and all terms are hereby incorporated by reference. No additional documents submitted by selected Respondent(s) shall be deemed to be incorporated in the contract unless expressly agreed to in writing by the Division.

8. Florida Substitute Form W-9 Process

Entities selected to enter into a contract must register and complete an electronic Florida Substitute Form W-9 prior to contract execution. The Internal Revenue Service (IRS) receives and validates the information provided on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit:

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

9. Proposal Requirements and Submission

Proposals must be submitted in a PDF document to the Procurement Officer via email by the date and time outlined in the timeline of events. Respondents should include the Respondent’s name and the RFP title, and number in the subject line of the email.

Example: FDEM – Migrant Transportation Program - RFP-DEM-22-23-028

Each proposal submitted by a Respondent should contain, at a minimum, the following information:

a) Cover Letter A cover letter on the Respondent’s letterhead with the following information:

Company Name, physical address, primary point of contact, and Federal Employer Identification Number (FEID/N).

b) Services Statement - Capabilities A short statement that describes Respondent's general business and services.

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

A short statement of Respondent's experience in providing Relocation Services or similar services.

d) References If and to the extent possible, provide up to three (3) examples within the last 10 years of when your company has provided transportation or similar services. Each example should be clearly numbered, and should include (if possible):

o Name of event, o Contracting entity name, o Total dollar amount invoiced, and total dollar amount of compensation received, and o Description of the services provided.

You are requested to provide a verifiable contact name, phone number and email address for each example.

e) How You Propose to Carry Out the Scope of Work A proposal that details how the Respondent will meet each task and deliverable within the scope of work, including, but not limited to, research and planning;

identification, vetting, eligibility determination and selection of relocation candidates voluntarily participating in this program; ensuring that candidates provide informed voluntary consent before relocation; providing language interpretation and translation services; document/records handling which must include verification of being processed by Department Homeland Security (DHS) in compliance with Section 1 of chapter 23-3, Laws of Florida; providing air and ground transportation; obtaining necessities and personal hygiene products for transported persons; providing meals and lodging; providing security measures to ensure the safety of the public and transported persons from initial selection and transport point of origin through arrival at destination; coordinating or arranging for social services at the destination; and any additional activities they believe are necessary and related to the selection, support, and transportation of Inspected Unauthorized Aliens.

f) Reliability and Response Time Demonstrate your company’s ability to offer quality and reliable services. Describe your company’s business model. Describe your company’s management plan to include qualified personnel. Detail what portions of the scope will be handled directly and what portions will need to be sub-contracted. Describe how your company plans to be able to respond and execute the plan within 72 hours.

g) Customer Service Define your company’s customer service quality assurance model, including but not limited to: Customer service team structure, designated point of contact for emergency operations, processes for effectively resolving customer issues. Use specific examples.

h) Attachment B, Price Sheet

Respondents must submit a completed Attachment B, Price Sheet. Respondents shall provide an all-inclusive price for the stage 1 development deliverable.

Respondents may be requested by the Division to produce a price quote for the stage 2 execution deliverable within 72 hours upon request.

i) Attestation Form (PUR 1808) Respondents must submit a completed Common Carrier or Contracted Carrier Attestation Form (PUR 1808).

10. Sub-contracting

Sub-contracting is allowed. However, the Contractor shall be fully responsible for all work performed under the contract. Contractor may use sub-contractors listed in their proposal and approved by the Division. The use of sub-contractors not originally listed in Contractor’s proposal may be permitted for good cause only if approved in advance by the Division.

The Contractor acknowledges that it shall not be released of its contractual obligation to the Division because of any sub-contract. The Contractor is solely responsible for ensuring the sub-contractor obtains and maintains all necessary licenses and insurance as required.

11. Redacted Responses

If a Respondent considers any portion of the documents, data or records submitted in its response to this RFP to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, the Respondent must mark the document as “Confidential” and simultaneously provide the Division with a separate redacted copy of its Proposal and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Division’s RFP name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material 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.

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 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.

12. Cooperation with the Inspector General

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

13. 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.

14. Registration with the Florida Department of State

If selected for a contract, the Respondent shall provide a PDF file of their current and active registration with the Department of State prior to contract execution. NOTE:

Pursuant to section 607.1501, Florida Statutes, out-of-state corporations where required, must obtain a Florida Certificate of Authorization pursuant to section 607.1503, Florida Statutes, from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. Website: www.sunbiz.org.

15. Vendor Selection

The Division reserves the right to select vendor(s) for contract(s) based solely on the information provided, or to conduct discussions, to conduct negotiations, to conduct interviews, or request proposal revisions, if deemed necessary and in the best interest of the state in the Division’s sole discretion. The Division select the vendor(s) for the contract(s) that it determines, in its sole discretion, present the best value to the state.

http://www.sunbiz.org/

The Division reserves the right to enter into multiple contracts, for all or part of the work contemplated by this RFP. The execution of a contract does not guarantee usage. Usage of Contracts will be determined by the Director or his designee at his or her sole discretion.

Furthermore, the Division has the right to use services from one or more contracted vendors simultaneously and at the Division’s discretion.

The Division will post an Announcement of Contractor Selection on the VIP website:

https://vendor.myfloridamarketplace.com/

16. Attachments

• Attachment A – Scope of Work

• Attachment B – Price Proposal

• Attachment C – PUR 1808

• Attachment E – The Division’s Sample Contract Document

17. Terms and Conditions

By submitting a response, a Respondent agrees to all applicable provisions and terms associated with this solicitation. The following terms and conditions apply and are incorporated by reference:

• PUR 1000, General Contract Conditions.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_Gener al_Contract_Conditions.pdf;

• This Request for Proposal Document, including Attachments.

Remainder of Page Intentionally Left Blank https://vendor.myfloridamarketplace.com/ 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

Attachment A Scope of Work

RFP-DEM-22-23-028

Migrant Transportation Program

1. Statement of Purpose / Need

Section 252.35(2)(a)8(g), Florida Statutes, requires the Florida Division of Emergency Management (“Division”) to “In accordance with the state comprehensive emergency management plan and program for emergency management, ascertain the requirements of the state and its political subdivisions for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services, and resources within the state in accordance with sections 252.31-252.90, Florida Statutes.”

Pursuant to Section 1 of chapter 2023-3, Laws of Florida, the Division has been tasked with implementing a program to facilitate the transport of Inspected Unauthorized Aliens within the United States, consistent with federal law.

The term “Inspected Unauthorized Alien” means an individual who has documentation from the United States Government indicating that the United States Government processed and released him or her into the United States without admitting the individual in accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq.

The term must be interpreted consistently with any applicable federal statutes, rules, or regulations.

2. Budget

Section 1 of chapter 2023-3, Laws of Florida, appropriates $10,000,000 to the Division for fiscal year 2022-2023 for the program.

3. Period of Performance

The initial term will begin upon execution of a contract and continue until June 30, 2025, unless terminated earlier in accordance with the terms of the contract.

4. Method of Procurement

These services are necessary to respond to the state of emergency declared in Executive Order 23-03. Pursuant to the authority granted to the Division in Executive Order 23-03, and the Division’s subsequent Emergency Order No. 23-001, the competitive solicitation and emergency purchase provisions of section 287.057, Florida Statutes, are not applicable. Further, pursuant to Chapter 2023-3, Laws of Florida, the Division is authorized to contract for these services notwithstanding section 287.057, Florida Statutes.

5. Contract Manager

James Bujeda, Deputy Director 850-815-4000 James.Bujeda@em.myflorida.com

6. Scope of Work

The Division is in need of the services of a transportation company or similar entity ("Contractor") to manage and implement a program to relocate individuals who have documentation from the United States Government indicating that the United States Government processed and released the individual into the United States without admitting him or her in accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. ("Inspected Unauthorized Aliens"). Under the supervision of the Division’s Contract Manager, Contractor(s) will be required to provide ground and air transportation and other related services (collectively, “Relocation Services"), to assist in the voluntary relocation of Inspected Unauthorized Aliens that have agreed to be relocated from Florida, or another state, to another location in the United States or the District of Columbia.

Services may be separated by deliverables within the contract and may include, but are not limited to:

• research, identification, and planning

• ensuring informed voluntary consent before relocation

• providing language translation services

• document/records handling

• providing air transportation and necessary ground transportation

• obtaining necessities and personal hygiene products for transported persons

• providing enroute meals and lodging

• providing security measures to ensure the safety of the public and transported persons

• coordinating or arranging for social services at the destination

• any additional activities related to the transportation of Inspected Unauthorized

Aliens

Services must be provided consistent with federal and state law, including section 1 of chapter 2023-3, Laws of Florida.

7. Contractor Qualifications

Contractor must possess or be able to sub-contract to obtain the professional and technical staff necessary to perform the services required by the contract. Contractor’s proposal mailto:James.Bujeda@em.myflorida.com must demonstrate that they have the staff with sufficient skills and experience to perform the services as outlined in this SOW.

Contractor must maintain, at its sole cost, during the term of the contract all licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required to perform the services.

During the term of the contract, Contractor will be responsible for ensuring its employees, agents, and sub-contractors obey and comply with all relevant local, state, and federal laws.

8. Tasks and Deliverables

Contractor Tasks:

• Comply with all relevant local, state, and federal laws and document such compliance.

• Establish and maintain communication and coordination with the Division.

• Maintain multilingual capability for Spanish, Haitian-Creole, and the option for any other language upon timely request.

• Develop a procedure for identifying eligible Inspected Unauthorized Aliens for receiving Relocation Services. Maintain documentation establishing that alien was processed by the United States Government but not admitted in accordance with federal immigration laws.

• Develop a protocol for ensuring that the identified Inspected Unauthorized Alien has provided informed voluntary consent to be relocated within the United States. This may include written documentation, video recordings, or both.

• Maintain records of all written or video recordings.

• Ensure availability to schedule, request and execute upon approval, ground or air transportation, as needed, to provide Relocation Services and be able to provide on-demand ground or air transportation within 72 hours of advance notification.

• Arrange or provide necessary ancillary services, to include wrap around services.

This may include meals and lodging.

• Ensure Inspected Unauthorized Alien reaches designated destination within preestablished timeframes.

• Coordinate or arrange for social services at destination.

• 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.

• Upon completion of the contract, transfer, at no cost to the Division, all public records in possession of the contractor and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

• Ensure any sub-contracts are approved by the Contract Manager.

• Document costs of any sub-contractor.

• Document and report to the Division within two hours of completed relocation the origination and destination of each Inspected Unauthorized Alien transported by

Contractor. Provide name, age, sex, and country of citizenship of each Inspected Unauthorized Alien transported.

• Document cost of transportation and associated services for either each or a group of Inspected Unauthorized Aliens transported.

Contractor Deliverables:

• Stage 1: As requested by the Division, develop and provide, on a per-project basis, a detailed plan for identifying and relocating a group of Inspected Unauthorized Aliens in accordance with the requirements set forth in Section 6 of this RFP, which shall incorporate the tasks set forth above.

• Stage 2: As requested by the Division, execute plan and document and report completion of each project to the Division.

9. Division Responsibilities

• Review and provide written authorization prior to each flight.

• Oversee the services provided by Contractor(s).

• Review and approve sub-contracts.

• Provide final approval of payments for services rendered.

• Monitor the Contractor’s progress and performance to ensure services conform to the contract requirements and keep timely records of findings.

• Manage and document any changes to the contract through the amendment process authorized by the terms of the contract.

• Monitor the budget to ensure sufficient funds are available throughout the term of the contract.

• Exercise applicable remedies, as appropriate, when a contractor’s performance is deficient.

10. Financial Consequences for Non-Performance

The Division shall apply financial consequences for non-performance of the contract by the Contractor(s). If a task is deemed unsatisfactory by the Division, the Contractor(s) shall re-perform the task as needed for submittal of a satisfactory task, at no additional cost to the Division, within the timeframe established by the Division. Payment will be withheld until such time the task performance is accepted by the Division.

If the Contractor(s) fails to comply with the requirements of the Division, (i) the Contractor(s) invoice will be reduced by the invoiced costs that are related to the failed task(s), unless the Division waives such failure in writing based upon its determination that the failure was due to factors beyond the control of the Contractor(s), or (ii) if payment has already been made by the Division, upon request the Contractor(s) will immediately return to the Division 100% of the monies paid for tasks that were not performed and/or were not performed in compliance with the requirements.

The Division at its sole discretion shall determine when the Contractor(s) is failing to comply and the Division at its sole discretion shall determine when the Contractor(s) has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for non-performance or non-compliance.

Continued Contractor(s) 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 the Division’s request to correct a deficiency in the performance of the Contract may result in termination of the Contract.

Should the Contractor(s) determine that there are significant barriers to conduct any of the tasks due to extenuating circumstances, the Division may re-evaluate and revise performance expectations upon a formal request from the contractor(s).

11. Invoicing

Contractor(s) must register and utilize the Division’s web-based application for submitting invoices to receive payment. https://www.fdemportal.com/vendors.

Contractor(s) may invoice the Division after each flight but no less than monthly. Invoices must, at a minimum, include the following information:

A. Contractor Name and remit to address B. Contractor billing contact phone number and/or email address C. Contractor Tax Identification number D. Purchase order or Contract number E. Billing Date F. Deliverable description with supporting documentation (see Section 8, Tasks and Deliverables) G. Payment amounts due

Invoices can only be submitted for the service period in which the Contractor has written authorization from the Division to provide services. Invoices submitted incorrectly or submitted in an improper method to what is required will not be paid until the invoice is corrected.

Remainder of Page Intentionally Left Blank https://www.fdemportal.com/vendors

Attachment B Price Sheet

RFP-DEM-22-23-028

Migrant Transportation Program

Deliverable Description All-Inclusive Price

(indicate if lump sum per project or hourly fee)

Stage 1 – Development Phase $

(lump sum/hourly)

Acknowledgement: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the proposer.

I certify that the response submitted is made in conformance with all requirements of the solicitation.

Signature

Name and Title (Print)

Company Name

Federal Employee Identification Number

Physical Address

City, State, Zip

Phone Number

Email Address

PUR 1808 (xx/22) Page 1 of 1 60A-1.020, F.A.C.

COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION

FORM

(PUR 1808)

This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S.

Name of Common Carrier or contracted carrier is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

Contract Number: _______________________

ITN#, RFP#, ITB#, RFQ#: _______________________

CONTRACT

THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, (hereinafter, "Division"), 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 Exhibit “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 request for proposal (“Solicitation”), are incorporated into and made a part of this Agreement. In the event of a conflict in terms or provisions of these exhibits 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 Exhibits;

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

3) State of Florida PUR 1000 General Contract Conditions;

4) Exhibit A - "Scope of Work";

5) Exhibit B - "Price Sheet";

6) Exhibit C - [ FOR ADDITIONAL EXHIBITS ];

7) Addenda, in reverse order of issuance.

2. TERM

A. The term shall begin upon execution of the Agreement by both parties and, unless terminated earlier in accordance with the provisions of section 10 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.

C. In accordance with section 287.057(14), Florida Statutes, and subject to the limitations outlined above in subsection 2.B. of this Agreement (except where reserved), the Division and the Contractor may renew this Agreement, in whole or in part, for a period that may not exceed three (3) years or the term of this Agreement, whichever is longer.

Any renewal shall specify the renewal price, as set forth in the solicitation response.

Additionally, any renewal: must be in writing and signed by both parties; is contingent upon satisfactory performance evaluations; and, is subject to availability of funds.

OR

C. Because the procurement solicitation did not specify prices for renewal years, this

Agreement, pursuant to section 287.057(13), Florida Statutes, may not be renewed for any period of time. Pursuant to section 287.057(12), Florida Statutes, the Division may extend this Agreement for a period not to exceed 6 months. Any extension is subject to the same terms and conditions as set forth in this Agreement.

The Division may only extend this Agreement once, unless events beyond the control of the Contractor cause the Contractor’s failure to meet the criteria for contract completion.

C. Because this Agreement resulted from an emergency procurement under section 287.057(3)(a), Florida Statutes, this Agreement may not be renewed. See Section 287.057(13), Florida Statutes.

C. Because this Agreement resulted from single source procurement under section 287.057(3)(c), Florida Statutes, this Agreement may not be renewed. See Section 287.057(13), Florida Statutes.

C. This Agreement was procured under the authority of Executive Order __________ 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 Division 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 Division 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 Division, or of other agencies interested in the project on behalf of the Division.

D. If the Division determines that the performance of the Contractor is unsatisfactory, the

Division will notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Division. The Contractor shall, within the time specified in the contractual documents after notice from the Division, provide the Division with a 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 contract non-compliance. If the corrective action plan is unacceptable to the Division, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may bill the Division for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period.

E. The Division reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or 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 Division may require the Contractor to furnish, without additional cost to the Division, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder.

The Division shall determine the type and amount of security.

G. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.

H. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, then the Contractor shall immediately notify the Division in writing, indicating the specific restriction. The Division reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Division.

I. 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 and 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 Division’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 Division places an Order. The Division assumes no liability for merchandise shipped to other than the specified destination. Items received in excess of quantities specified may, at the Division’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 Division of any potential delivery delays.

Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.

J. Matters of inspection and acceptance are addressed in section 215.422, Florida

Statutes. Until acceptance, risk of loss or damage shall remain with the Contractor.

The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Division shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and, provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When the Division rejects a product, the Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Division shall have the right to dispose of it as its own property. The Contractor shall reimburse the Division for costs and expenses incurred in storing or effecting removal or disposition of rejected product.

K. Where installation is required, the Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated in this Agreement. The Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. The Contractor shall protect the site from damage and shall repair damages or injury caused during installation by the Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. The Contractor shall perform installation work so as to cause the least inconvenience and interference with the Division and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.

L. 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 Exhibit “A” of this Agreement is shown in Exhibit “B”.

B. As required by section 287.0582, Florida Statutes, if this Agreement binds the Division for the purchase of services or tangible personal property for a period in excess of one fiscal year, "The State of Florida'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 are not reimbursable unless specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061, Florida Statutes.

E. The Contractor will be paid upon submission of properly certified invoice(s) to the Division after delivery and acceptance of commodities or services is confirmed in writing by the Division. 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 or Social Security Number.

F. No payment requirements shall start until a properly completed invoice is provided to the Division, 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 Division should be aware of the following time frames:

1) Pursuant to section 215.422(1), Florida Statutes, an invoice submitted to the Division shall be recorded in the financial systems of the State, approved for payment by the Division, 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 Division will make a good faith effort to abide by the five (5) working day requirement but shall not 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 Division shall issue payment to the Contractor within forty (40) days after the invoice has been received, inspected, and approved. Failure to issue the warrant within forty (40) days may result in the Division paying interest at the rate established under section 55.03(1), Florida Statutes. The Division 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 of Florida, through the Department of Management

Services (DMS), has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to section 287.057 (24), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1.0%), which the Contractors shall pay to the State. On-line filing is available at http://dms.myflorida.com/mfmp. For payments within the State accounting system (FLAIR or its successor), the transaction fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall self-report and pay the transaction fee pursuant to rule 60A-1.031 (2), Florida Administrative Code. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Contractor shall receive a credit for any transaction fee paid by the Contractor for the purpose of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of this Agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. A

CONTRACTOR’S DELINQUENCY IN PAYING TRANSACTION FEES MAY RESULT

IN BEING EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE

STATE.

J. The Contractor shall report and pay the transaction fee on a quarterly calendar basis using the Department of Management Service’s Form PUR 3776, which is incorporated by reference. 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 Division is responsible for all payments under the Agreement. The Division’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 Division.

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 or by calling the State Comptroller’s Hotline, 1-800- 848-3792.

M. The Division, 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 Division 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 Division under this Agreement shall be made payable to the order of the “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 Division Program Manager (identified in subsection 16.B. of this Agreement) that it has issued a refund to the Division.

5. SURETY BOND

☐ This provision applies.

☐ This provision does not apply.

A. A surety bond shall be required of the successful bidder in an amount equal to

___________ dollars ($______). If the total value of the Agreement later exceeds the initial surety bond amount, the Contractor shall timely increase the surety bond amount to match that new amount. The surety bond must comply with section 287.0935, Florida Statutes. The surety on such bond shall be a surety company authorized to do business in the state. The Surety Bond will be at no cost to the Division. All bonds shall be payable to the Division and conditioned for the prompt, faithful, efficient, and full performance of the Agreement to provide products and services specified in the Agreement during an emergency declared pursuant to section 252.36, Florida Statutes, and within the time period specified in the Agreement.

B. The surety bond provided under this section shall be used to the extent necessary to satisfy the damage claims made by the State, to ensure timely performance by the Contractor of the Agreement, and to ensure prompt payment of all persons defined in section 713.01, Florida Statutes, furnishing labor, materials, equipment, supplies, services, and licenses to or for the Contractor in its performance of this Agreement.

In no event shall the surety bond be construed as a penalty…