RFQ-007-26_FINAL.pdf

FLHSMV-RFQ-007-26

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

REQUEST FOR QUOTE (RFQ) FLHSMV-RFQ-007-26

OFF DUTY DETAIL MANAGEMENT SOFTWARE FOR FLORIDA HIGHWAY

PATROL

1.0 INTRODUCTION

A. The State of Florida, Department of Highway Safety and Motor Vehicles (hereinafter

“FLHSMV” or “Department”), issues this Request for Quote (hereinafter “RFQ”) to Vendors for the purposes of obtaining quotes for off duty detail management software (application).

B. The Department manages activities related to off-duty shifts (paid details) worked by

Florida Highway Patrol personnel. The Department is requesting quotes to select an application to manage this process at no cost to the Department. The selected vendor should expect to be compensated through the use of its application by the hiring entities who are paying for the off-duty Troopers.

C. Use of an RFQ does not constitute a decision or intended decision that is subject to protest under subsection 120.57(3), Florida Statutes (F.S.).

D. The following attachments and exhibits are attached hereto and incorporated herein by reference:

ATTACHMENT A – ADDITIONAL TERMS AND CONDITIONS

ATTACHMENT B – SCOPE OF WORK

E. Department Point of Contact

The Point of Contact, acting on behalf of the Department, is the sole point-of-contact regarding all questions and requests for clarification are to be directed to:

Dawn Gunter Bureau of Purchasing and Contracts Florida Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Tallahassee, Florida 32399-0524 850-617-3181 DawnGunter@flhsmv.gov Responses are due on or before November 2, 2026, at 3:00 PM ET.

mailto:DawnGunter@flhsmv.gov

F. TIMELINE OF EVENTS:

The table below contains the Timeline for this RFQ. Vendors are responsible for submitting all required documentation by the dates and times indicated below (Eastern Time).

DATE TIME ACTIVITY

October 16, 2026 RFQ released

October 23, 2026 3:00 pm ET Questions are due

October 30, 2026 Anticipated submission of questions and answers

November 2, 2026 3:00 pm ET Responses due

Note: At the sole discretion of the Department, after receipt of Responses to this RFQ, Vendors may be requested to present and participate in individual roundtable discussions with the Department at no cost to the Department.

2.0 BACKGROUND

A. The Department currently allows its members to schedule and manage the hours of off-duty details outside their regular duties. These details involve dozens of separate outside employers around the state for events, with an event defined as a single officer serving a single shift of whatever duration. Each of these dollars paid goes directly to the officers who coordinate and perform the detail.

B. Departmental policy requirements, which must be integrated within the overall operation of the application, limits the Trooper from working more than 36 additional hours per week or more than 16 hours per day.

C. The Department is soliciting quotes from companies for off duty detail management software. This software application shall be responsible for scheduling officers for private employment and major special events; arrange, coordinate, and perform all other administrative functions, such as customer relations, personnel payments, customer billing and receipts, internal, and external reporting. The selected Contractor shall provide the application, workers compensation and liability insurance for officers performing off duty details through the application, and technologies consistent with the requirements set forth in this Request for Quote (RFQ) and in accordance with Attachment A – Additional Terms and Conditions.

3.0 PURPOSE AND GENERAL OVERVIEW

A. The purpose of this RFQ is to seek quotes from qualified Vendors capable of providing an off duty detail management software (Application) for the Florida Highway Patrol, implementing and providing a process associated with this Application as indicated in this RFQ.

B. The Department is seeking to enter into an agreement with one (1) Vendor who can provide the Application meeting or exceeding the requirements described in this RFQ.

C. By executing an agreement resulting from this RFQ, the selected Vendor shall be responsible for providing and ensuring successful implementation, operation, update and maintenance of all software and services associated with and contemplated by this RFQ during the term of the resulting agreement, including any optional renewal or extension term.

D. The Department will accept quotes from Vendors that provide an application or service equivalents that provide the best solution that meets or exceeds the requirements of this RFQ. The Department reserves the right to selection as it determines in the best interest of the state and to accept or reject all offers.

E. Any end user license agreements, policies, or other provisions relating to software procured through this RFQ must be in conformity with the state of Florida requirements and are subject to Department approval.

3.1 Definitions:

A. Agreement: A formal written document that may be required to be executed by the selected Vendor and the Department containing all terms and conditions applicable to as a result of this RFQ. The terms “Agreement” and “Memorandum of Understanding (MOU)” are intended to be used interchangeably herein.

B. Business Hours: The hours of 7:30 a.m. to 5:00 p.m. local time. (Note: Florida is geographically situated in both the Eastern and Central Time zones.)

C. Contractor: The Vendor selected to provide the application resulting from this RFQ.

D. Project: A temporary endeavor undertaken to create a unique product, service, or result. Where used herein, “project” refers to the service delivery contemplated by this RFQ.

E. Project Plan: An approved document used to guide both project execution and project management. The primary uses of the Project Plan are to document planning assumptions and decisions, facilitate communication and document approved scope, cost, and schedule baselines.

F. Response: All information, documentation including the quote and other materials submitted by the Vendor in responding to this RFQ.

G. Vendor: Any firm or person who is capable to provide the goods or services contemplated within this RFQ and who submits a response to the Department in accordance to the requirements in this RFQ.

3.2 Agreement Term

The original agreement term shall be for a period of three (3) years from the date of agreement execution, unless terminated earlier by the Department under the terms provided herein, with the option to renew at the Department’s discretion for a period of up to three (3) years.

3.3 Renewals

This Agreement may be renewed for up to three (3) years, in accordance with section 287.057(14), Florida Statutes. Exercise of the renewal option is at the Department’s discretion, will be contingent upon satisfactory service, and is subject to annual appropriation by the state Legislature.

4.0 RFQ RESPONSE SUBMISSION REQUIREMENTS

A. One (1) original Response in PDF format, addressing all requirements of this RFQ, and a Quote shall be submitted on or before the date on which Responses are due pursuant to the TIMELINE OF EVENTS.

B. In addition, one (1) electronic “redacted” response suitable for public release shall also be submitted. Any confidential or trade secret information, as defined under section 688.002, F.S., should be either redacted or completely removed. The redacted Response shall be marked as the “redacted” copy and shall contain a transmittal letter (at the front of the Response) authorizing the Department to release the redacted version of the Response in the event the Department receives a public records request.

C. Redacted copies should reflect blacked-out, whited-out, or blank spaces where information has been rendered non-readable. Generalized blanket statements made on every page or at the beginning of the Response are not acceptable.

D. Further, any portion of the original Response which is asserted to be exempt from disclosure under Florida’s Public Records Law, Chapter 119, F.S., shall be set forth on a page or pages separate from the rest of the submission. Each page of the portion(s) asserted to be exempt shall be clearly marked “exempt”, “confidential”, or “trade secret” (as applicable) and shall also contain the statutory basis for such claim on every page.

Pages containing trade secrets shall be marked “trade secret as defined in section 688.002, F.S.” Failure to segregate and identify such portions shall constitute a waiver of any claimed exemption and the Department will provide such records in Response to public records requests without notifying the Contractor. Designating material simply as “proprietary” will not necessarily protect it from disclosure under Chapter 119, F.S.

E. Both Response submissions (non-redacted and redacted copies) shall be submitted electronically to the Procurement Officer listed on page 1 of this RFQ no later than the submission deadline.

Please note: If a redacted copy is not provided, the Department will provide a copy of the original Response submittal upon receipt of any public records request for the Response.

Responses that include any qualifying language, conditions, caveat(s), modification(s), or other language changing or not meeting the requirements of the RFQ, anywhere in the Response will be viewed as a conditional Response and the Department may reject the RFQ Response.

4.1 RFQ Response

A. Responses shall therefore include, at a minimum, the Contractor’s and any subcontractor’s qualifications and proposed methodology for performing the described services, as well as the cost structure associated with providing the services. The Response shall not exceed fifty (50) pages, shall be concise, and must follow the outline below:

B. Contractors shall demonstrate the ability to provide all the services requested.

Contractor(s) shall provide a quote containing sufficient detail/documentation to support that its proposed Off-Duty Detail Management Software meets or exceeds the minimum requirements identified in this RFQ. The RFQ response shall contain sufficient detail to permit the Department to fully understand how the solution will operate and how it will be secured, maintained, upgraded, supported, refreshed, and expanded during all the years of the agreement term.

C. The Contractor’s Response shall include an executive summary on official company letterhead acknowledging acceptance of all terms and conditions contained herein.

The executive summary document shall be signed by an individual authorized to negotiate and agree to contractual terms on behalf of the Contractor and who is lawfully qualified to bind the Contractor to a formal agreement document.

D. The Contractor’s response must ensure it addresses the following:

1) Please describe in detail the administrative and operational management services you provide to law enforcement or public safety officers related off-duty programs and activities. This should include, but not be limited to, how customers request the services of an off-duty trooper, how the trooper signs up for the detail, the length of time it takes for the trooper to be paid after working a shift, and if different rates are specified for assignment, including the differing rates if applicable.

2) Please describe in detail your coverage options for any insurance policies offered to those performing services as an off-duty trooper, including if they are deemed 1099 contractors or employees.

3) Please describe in detail your payment and remittance processes.

4) Please describe in detail your implementation plan for this project, including your rollout methodology, such as a phased approach or simultaneous rollout.

5) Please describe in detail your training plan for prospective vendors and troopers.

Additionally, how will training be conducted as new staff onboard?

6) Please describe in detail your 24/7 support services available to all users.

7) Please describe functionality as it relates to departmental leadership oversight of officers utilizing the application for compliance with State, Department, and Division of Florida Highway Patrol policies and procedures.

Tab A Executive Summary of Contractor’s Qualifications and Letter of

Commitment

1. Provide a cover letter identifying the Vendor’s primary point-of-contact and contact information.

2. Provide a brief description of the Vendor’s background and experience.

3. Identify how the firm’s personnel and experience will support this project.

4. Identify and provide the name, business qualifications/experience, and project responsibilities of any potential subcontractors. Subcontractors must meet the same security and professional requirements as the selected Vendor. No subcontract, which the prospective Contractor enters into with respect to performance of any of its functions under the Agreement, shall in any way relieve the prospective Contractor of any responsibility for the performance of its contractual duties.

5. Provide length of time the submitted response shall remain valid, which shall be no less than one (1) year from date of submission.

Tab B Approach and Overall Project Plan

1. Include information detailing the Respondent’s approach to the Project as a whole.

The proposed overall Project Plan must include a clear and thorough discussion of the Respondent’s proposed method for handling potential problems, including but not limited to, contingencies and schedule delays. Specifically, this section must address:

a. Respondent’s plan for successful implementation of the application including integration of data sources.

b. Approach to problem identification and resolution.

c. Any assumptions or constraints in developing the Project’s scope, schedule and budget.

d. The response shall include an Initial Project Plan in Gantt chart format outlining the steps necessary to implement the Application contemplated by this RFQ. This plan shall provide sufficient detail to show that the Contractor has a clear understanding of the types of implementation tasks to be performed for a project of this scope and size, as well as an understanding of the principles of good project management. The plan shall list, at a minimum, all major tasks in chronological order, the estimated duration for task completion, and the number and type of resource(s) assigned to each task.

e. In addition, prospective Contractors must provide as part of their Initial Project Plan, all anticipated installation requirements, such as environmental requirements, for the solution. These shall include, but not be limited to, any networking, power, or facility requirements that are essential to the successful installation and subsequent operation of the solution.

2. The Contractor must meet with the Department within fifteen (15) days after notification of agreement execution, unless otherwise agreed-to in writing, to discuss the Contractor’s proposed Project Plan and anticipated timeframes and to determine information and other resources needed to complete implementation. Any meetings with the Department to complete the project shall be attended by the Contractor at no cost to the Department.

Tab C Relevant Experience, Qualifications, and References

Include a minimum of three (3) former clients1 and three (3) current clients for whom the Respondent successfully utilized or utilizes the same or similar solution and application proposed in this RFQ.

The Respondent shall provide information in this Tab to include at a minimum contact information with telephone and email addresses that will clearly outline why Respondent’s experience and qualifications separate it from other Respondents.

Tab D Technical Requirements

The Respondent shall describe, in detail, its proposed plan for meeting all requirements as described in this RFQ.

Responses must clearly identify how the Respondent can meet or exceed each of the RFQ requirements.

Tab F Pricing

This is a no-cost-to-the-Department Agreement; the application shall be provided to the Department at no cost. All payments made by customers (hiring entities) utilizing the service shall be made in accordance with the cost model quoted.

The Department will only consider quotes which shall require no funding from the Department.

This Tab shall include the proposed costs to the hiring entities, associated with providing the application outlined in the RFQ. All costs shall be a fixed unit price.

The Quote shall include at a minimum the following information inclusive of all costs, fees, expenses, travel, lodging, materials, services, and any other associated costs related to service delivery contemplated hereunder:

1. Implementation or rollout and integration conducted at no additional cost to the

Department; Contractor must propose a plan demonstrating the workflow that will be utilized to collect and disseminate associated payments for details as well as any fees, such as an hourly administrative fee and hour fees for Department equipment such as

1 Former and current clients shall exclude the DEPARTMENT.

vehicles.

2. For the Initial term and anticipated renewal term;

3. The contractor must provide its proposed fee structure for supporting its application to include all pass-through, a la carte, and administrative costs applied to participating hiring entities.

Contractors shall also include the following required forms with response submittal:

• PUR 2024 (found at PUR Forms), Part A: Use of Coercion for Labor and Services and Part B: Provision of Commodities Produced by Forced Labor.

• PUR 7801 Vendor Certification Form (found at PUR Forms).

4. Any quantities of verifications, transactions, or other items contained in this RFQ are solely for informational purposes only and should not be construed as representing actual, guaranteed, maximum, or minimum transactions to be made under this Agreement. Quantities are subject to change annually and funded based on the legislatively approved budget and Department needs. The Contractor should be prepared therefore, to provide increased or decreased quantities for any types of verifications, transactions, or other items, in any fiscal or calendar year during the initial or during any renewal agreement term.

5.0 BASIS OF SELECTION

The Department intends to enter into an agreement with the Contractor that provides the overall best value to the state as a result of this RFQ. The Department will consider the Contractor’s full Response and quote when making a selection, including the Contractor’s ability, relevant experience, resource availability, staff quality and experience, value added, workers compensation and general liability coverage, and the Contractor’s quote.

In accordance with Section 287.05701, F.S., the Department may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor and may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

6.0 RESULTANT PURCHASING DOCUMENTS AND ORDER OF PRECEDENCE

The resultant Agreement will set forth the entire understanding of the parties in regard to the subject matter contained herein and consist of the documents listed below. In the event of any of these documents conflict, the conflict will be resolved in the following order of precedence (first to last):

A. The resultant Agreement which will incorporate FLHSMV-RFQ-007-26, Off Duty Detail

Management Software for Florida Highway Patrol, inclusive of its addenda, exhibits https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms and/or attachments; and B. The Contractor’s Response submission.

ATTACHMENT A

ADDITIONAL TERMS AND CONDITIONS

ATTACHMENT A, Page 1 of 25 Additional T/C (Revised 7/25)

Table of Contents

1. General Contract Conditions (PUR 1000)

2. General Instructions to Respondents (PUR 1001)

3. Conflicting Terms

4. Travel Expenses

5. Contractor’s Expenses

6. Audits and Records

7. Inspection of Records and Work Performed

8. Driver’s Privacy Protection Act (DPPA)

9. Insurance

10. Assignments and Subcontracts

11. Employment Eligibility

12. Conflict of Interest

13. No Third-Party Beneficiaries

14. Reservation of Rights

15. Additions/Deletions/Substitutions

16. Terms and Conditions

17. Termination and Cancellation

18. Requirements of Chapter 119, F.S. (Public Records Law)

19. Security and Fraud Prevention

20. Indemnification

21. Conduct of Business/Anti-Discrimination Requirements

22. Discriminatory Vendors List

23. Requirements of Section 287.058, F.S

24. Patents, Royalties, Copyrights, Right to Data, and Works for Hire/Software ... 20

25. Department of State Licensing Requirements

26. Scrutinized Companies

27. Contract Subject to Legislative Appropriation

28. Annual Report as Required by Executive Order 20-44

29. Foreign Country of Concern Attestation

30. Common Carrier Attestation

31. Anti-Human Trafficking.……………………………………………………

32. Provision of commodities produced by forced labor……………….…………….25

33. Food commodities grown or produced in Florida……...…………………………25

ATTACHMENT A, Page 2 of 25

This document sets forth additional terms and conditions that apply to the solicitation and any contract or purchase order issued as a result of the solicitation to which this document is attached.

1. General Contract Conditions (PUR 1000)

The PUR 1000 is incorporated by reference as if fully stated herein and is provided at the link below. The Contractor understands and acknowledges that all terms of the PUR 1000 not in conflict with the terms and conditions of the solicitation or stated herein, are made part of this Contract or purchase order.

http://www.dms.myflorida.com/business_operations/state_purchasing/do cuments_forms_references_resources/purchasing_forms

2. General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents, PUR 1001, is incorporated by reference as if fully stated herein and is provided at the link below. The Contractor understands and acknowledges that all terms of the PUR 1001 not in conflict with the terms and conditions of the solicitation or stated herein, are made part of this Contract or purchase order.

http://www.dms.myflorida.com/business_operations/state_purchasing/do cuments_forms_references_resources/purchasing_forms

a. The following sections of the PUR 1001 are not applicable:

i. Section 3. Electronic Submission of Responses Bid submittals shall be submitted in accordance with the Bid Submission Instructions of the solicitation.

ii. Section 5. Questions

Questions shall be submitted in accordance with the Bidder Questions section of the solicitation.

3. In the event any conflict exists between the General Contract Conditions or

General Instructions to Respondents and the solicitation or Contract purchase order, the latter documents shall prevail.

4. Travel Expenses 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 http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

ATTACHMENT A, Page 3 of 25

The Department will not be responsible for the payment of any travel expense for the Contractor.

5. Contractor’s Expenses

The Contractor shall pay for all professional licenses, permits, and inspection fees or similar charges required for delivery of goods or services, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed.

6. Audits and Records

The Contractor shall:

a. Maintain books, records, and documents (including electronic storage media) pertinent to performance in accordance with generally accepted accounting procedures and practices and in a manner that sufficiently and properly reflects all revenues and expenditures of funds provided by the Department.

b. Ensure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Department, as well as by federal personnel, when required.

c. Cooperate and ensure that its subcontractors, if any, cooperate with the

Department’s Inspector General in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, F.S.

d. Maintain and file with the Department such progress, fiscal and other reports as the Department may require.

e. Include each of the above-mentioned audit and record-keeping requirements in all approved subcontracts and assignments, if any.

7. Inspection of Records and Work Performed

Pursuant to Section 216.1366, Florida Statutes, the Department is authorized to inspect: (a) Financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) Programmatic records, papers, and documents of the Contractor

ATTACHMENT A, Page 4 of 25 which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within 10 business days after the request is made.

The State and its authorized representatives shall, at all reasonable times, have the right to enter the Contractor’s and subcontractor’s (if applicable) premises or other places where work related to the delivery of goods or services to the Department is performed. All inspections and evaluations shall be performed in such a manner as not to unduly delay work.

The Contractor shall retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the delivery of goods or services for a period of five (5) years after termination of the Contract and any renewal term, if exercised, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings.

During any contract period, all records shall be available at the Contractor’s office at all reasonable times. After the contract period and any renewal period, if exercised, and for five (5) years following, the records shall be available at the Contractor’s chosen location subject to the approval of the Department. If the records need to be sent to the Department, the Contractor shall bear the expense of delivery.

Refusal by the Contractor to allow access to all records, documents, papers, letters, other materials, or on-site activities related to contract performance shall constitute a breach of the Contract. The right of the Department and its authorized representatives to perform inspections shall continue for as long as the Contractor is required to maintain records. The Contractor will be responsible for all storage fees associated with the records maintained.

8. Driver’s Privacy Protection Act (DPPA)

The Contractor shall access, use and maintain the confidentiality of all information received under or related to the Contract in accordance with Chapter 119, F.S., and the Driver’s Privacy Protection Act of 1994 (DPPA),18 United States Code, Section 2721, if DPPA is applicable to Contractor’s delivery of goods or services to the Department. Information obtained shall only be disclosed to persons to whom disclosure is authorized under Florida law and

ATTACHMENT A, Page 5 of 25 federal law. Any person who willfully and knowingly violates any of the provisions of this section, or laws mentioned in this section, may be subject to penalties as provided in Sections 119.10 and 775.083, F.S. In addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability.

If DPPA information is exchanged or otherwise received by Contractor under the Contract, the Contractor agrees to the following:

a. Such information will not be used for any unauthorized purposes. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination, sharing, copying or passing of this information to unauthorized persons.

b. Information exchanged by electronic means will be stored in a place physically secure from access by unauthorized persons.

c. Access to the information exchanged will be protected in such a way that unauthorized persons cannot review or retrieve the information.

d. All personnel with access to the information will be instructed of, and acknowledge their understanding of, the confidential nature of the information. These acknowledgements must be maintained at all times in a current status by the Contractor.

e. All personnel with access to the information will be instructed of, and acknowledge their understanding of, the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements must be maintained at all times in a current status by the Contractor.

f. All access to the information must be monitored on an on-going basis by the Contractor. In addition, the Contractor must complete an annual audit to ensure proper and authorized use and dissemination.

g. Procedures are or will be in place to ensure the confidentiality of the information exchanged will be maintained and all information will be accessed and utilized in accordance with the appropriate exceptions outlined in Driver’s Privacy Protection Act Exception(s).

ATTACHMENT A, Page 6 of 25

9. Insurance

The Contractor agrees that work related to the delivery of goods or services to the Department will not commence until Contractor has obtained all of the below-described types of insurance and proof-of-insurance has been submitted to and approved by the Department. Further, Contractor agrees that it will not permit any subcontractor, as applicable, to commence work until the same or similar insurance required of the Contractor has been so obtained by the subcontractor and approved by the Department.

a. All insurance policies shall be with insurers licensed or eligible to transact business in the state of Florida.

b. The limits of coverage under any policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s contractual liability and obligations to the Department.

c. The Contractor’s current certificate of insurance policy(ies) shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days’ written notice. The insurance company shall provide thirty (30) days’ written notice of cancellation to the Department’s Contract Manager, as well as to the Contractor.

d. Contractor shall maintain for itself and any subcontractors, as applicable, the following insurance at its own expense during the entire contract term, including any renewals or extensions, thereof:

i. Workers’ Compensation Insurance

Workers’ Compensation Insurance shall cover all Contractor employees connected with the delivery of goods or services and, in case any work is sublet, the Contractor must require any subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance must comply fully with Chapter 440, F.S., entitled “Workers’ Compensation Law.” In case any class of employees engaged in hazardous work under the Contract at any site at which services or work is performed is not protected under the Workers’ Compensation statute, the Contractor must provide, and cause each subcontractor to

ATTACHMENT A, Page 7 of 25 provide, adequate insurance, satisfactory to the Department, for the protection of employees not otherwise protected.

ii. Public Liability and Property Damage Insurance

Commercial insurance shall be of such a type and with such terms and limits as may be reasonably associated with the nature, extent, and scope of the Contract.

e. Contractor shall be solely responsible for determining the adequacy and appropriateness of its insurance coverage. Failure to obtain or maintain appropriate insurance as required shall be considered a breach of contract.

f. Loss Deductible Clause

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

10. Assignments and Subcontracts

Contractor shall not assign any contractual responsibility or obligation to another party nor subcontract any work without prior written approval of the Department.

No such approval by the Department of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Department in addition to the total dollar amount agreed upon in the Contract. All such assignments or subcontracts shall be subject to the conditions of the Contract and to any conditions of approval that the Department deems necessary at the time.

The Department supports diversity in its Procurement Program and requests that all subcontracting opportunities afforded by the Contract enthusiastically embrace diversity. The award of subcontracts should reflect the full diversity of the citizens of the state of Florida. Contractors can contact the Office of Supplier Diversity at (850) 487-0915 for information on minority contractors who may be considered for subcontracting opportunities.

ATTACHMENT A, Page 8 of 25

11. Employment Eligibility

The Contractor shall comply with Section 274A, of the Immigration and Nationality Act, 8 United States Code, Section 1324a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of this Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract. The Contractor shall be responsible for including this provision in all contracts or subcontracts with private organizations related to the delivery of goods or services to the Department.

The Contractor, and any subcontractor, must comply with the requirements of section 448.095(2), F.S., regarding registration and use of the E-Verify system operated by the U.S. Department of Homeland Security to verify the work authorization status of all newly hired employees, and must provide proof that it has registered with the E-Verify system. Any subcontractor providing goods or services under this Contract must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and the Contractor shall maintain a copy of the affidavit with its records. If the Department has a good faith belief that the Contractor has knowingly violated Section 448.09(1), F.S., it will terminate this Contract in accordance with Section 448.095(2), F.S. If the Department has a good faith belief that a subcontractor is in violation of section 448.095(2), F.S., but the Contractor has otherwise complied with said law, the Department will notify Contractor of the violation, and Contractor shall immediately terminate the contract with the subcontractor, in accordance with Section 448.095(2), F.S.

12. Conflict of Interest

The Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

13. No Third-Party Beneficiaries

All contractual documents are executed or issued (in the case of purchase orders) for the benefit of the named parties only. Except as otherwise expressly provided

ATTACHMENT A, Page 9 of 25 herein, neither the Contract, nor any amendment, addendum or exhibit attached thereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory thereto or expressly named therein.

14. Reservation of Rights

The Department reserves the exclusive right to make certain determinations regarding the specifications or service requirements outlined in the Contract. The absence of the Department setting forth a specific reservation of rights in a contractual document does not mean that any provision regarding the specifications to be met or services to be performed is subject to mutual agreement. The Department reserves the right to make all determinations exclusively that it deems are necessary to protect the best interests of the state of Florida.

15. Additions/Deletions/Substitutions

The Department reserves the right to add, delete, or substitute goods or services at prices submitted in response to the solicitation or the Contractor’s current price at the time the goods or services are added, deleted, or substituted, whichever pricing is lower. Substitutions or additions of goods or services not offered within the Contractor’s response to the solicitation shall be within the general scope of service delivery, at mutually agreed and stated prices, and accepted in writing by both parties, with terms and conditions specific to the added or substituted goods or services clearly stated.

16. Terms and Conditions

No other contractual terms and conditions shall apply except as stated in the solicitation or in the Contract, including any documents attached to a purchase order. In the event of a conflict, the Contract shall prevail including over the solicitation and any and all Contractor-issued documents, such as written responses, quotes, licensing agreements, order forms, or additional terms and conditions.

17. Termination and Cancellation

a. Termination at Will

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The Department may terminate the Contract, in whole or in part, by thirty

(30) days’ written notice to the Contractor, if the Department determines in its sole discretion that it is in the State’s best interest to do so. The Contractor must not furnish any products or services, as applicable, after it receives the notice of termination, except as necessary to complete any portion of the Contract not terminated, if any. The Contractor is not entitled to recover any cancellation charges or lost profits that may be imposed or occur because of termination.

b. Termination Because of Lack of Funds

In the event funds to finance the Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four

(24) hours’ notice in writing to the Contractor. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. The Department shall be the final authority as to the availability of funds.

c. Cancellation by the Department

In addition to any other remedies that may be available by law, the Department may unilaterally cancel the Contract upon no less than twenty-four (24) hours’ notice, if any one of the following events has occurred:

i. The Contractor has refused to allow public access to any document, paper, letter, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and subsection 119.07(1), F.S.;

ii. The Contractor knowingly employs unauthorized aliens in violation of the Immigration and Nationality Act, 8 United States Code, Section 1324a; or

iii. The Contract has become the subject of a cause of action or challenge in any State or Federal Court or administrative forum.

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In the event of cancellation under this subsection, notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery.

d. Termination for Cause

The Department may terminate the Contract if the Contractor fails to do any of the following: (1) deliver services or products as specified during the Contract term or any extension thereof; (2) maintain adequate progress in meeting any requirement under the Contract, thus endangering performance or success of the Contract; (3) honor any term of the Contract; (4) abide by any statutory, regulatory, or licensing requirement; or (5) comply with the requirements of section 287.135, F.S., relating to scrutinized companies. Section 287.1351, Florida Statutes, governs the procedure for potential placement on the suspended vendor list.

If the Contract is terminated for cause, the Contractor will continue all service delivery or work that was not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery or performance schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties must be the same as if the termination had been issued for the convenience of the Department.

In addition, waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the Contract.

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The rights and remedies of the Department under this clause are in addition to any other rights and remedies provided by law or under the Contract, including as to damages.

e. Termination by Mutual Agreement

The parties may mutually agree to terminate the Contract or any part of the Contract on an agreed date prior to the end of the Contract term without penalty to either party. Any such termination shall be agreed upon in writing.

f. Contractor’s Responsibilities Upon Termination or Cancellation

After receipt of notice of termination or cancellation, and except as otherwise specified by the Department or as otherwise stated in the Contract, the Contractor shall:

i. Discontinue work under the Contract on the date, and to the extent specified, in the notice;

ii. Place no further order(s) or subcontract(s) for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated or cancelled;

iii. Complete performance of such part of the work that was not terminated or cancelled by the Department; and

iv. Take such action as may be necessary, or as the Department may specify, to protect and preserve any property related to the Contract, which is in the possession of the Contractor(s) and in which the Department has or may acquire an interest.

Upon the effective date of termination or cancellation of the Contract, the Contractor must transfer, assign, and make available to the Department all property and materials belonging to the Department, all rights and claims to any and all reservations, contracts and arrangements with subcontractors, or others, and must make available to the Department all written information regarding the performance of the Contract. No extra compensation will be paid to the Contractor for its services in connection

ATTACHMENT A, Page 13 of 25 with such transfer or assignment. The Department concurrently with such transfer or assignment must assume the obligations of the Contractor, if any, on all non-cancelable contracts with third parties.

Upon termination of the Contract by the Department, the Contractor must be deemed to have released and relinquished to the Department any and all claims or rights it may otherwise have to common law or statutory copyright with respect to all or any part of material prepared or created by the Contractor in the course of its performance.

18. Requirements of Chapter 119, F.S. (Public Records Law)

The Contractor, when acting on behalf of the Department, as provided under section 119.011(2), F.S., shall in addition to all other conditions of the Contract:

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

b. Upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost as set forth in the Department’s Policy Number 9.03, Providing Records to the Public, which can be provided by the Department upon request, 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 Department.

d. Upon completion of the Contract, transfer, at no cost to the Department, all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department 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

ATTACHMENT A, Page 14 of 25 requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records or Contract Manager, in a format that is compatible with the information technology systems of the Department.

Pursuant to subsection 119.0701(3), F.S., in the event the Contractor fails to comply with a public records request, the Department will enforce all Contract provisions related to public records requests by assessing the following:

First violation - $100 penalty.

Second violation - $250 penalty.

More than two (2) violations - $500 penalty and/or possible Contract cancellation depending upon the nature of the violations.

The Contractor may be subject to penalties under Section 119.10, F.S., for a failure to provide public records to the Department within a reasonable time.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATED TO THE CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT (850) 617-3101,

OGCFILING@FLHSMV.GOV, OFFICE OF GENERAL COUNSEL, 2900

APALACHEE PARKWAY, STE. A432, TALLAHASSEE, FL 32399-0504.

19. Security and Fraud Prevention

For contracts that involve the purchase of commodities or services that constitute “information technology,” as that term is defined in Section 282.0041(2), F.S., including those where services are implemented in planned stages, such as through a Pilot program, the following security and fraud prevention requirements apply:

a. The Contractor must comply with the Department’s External Information

Security Policy and Security Breach of Personal Information policies, as well as Florida Administrative Code chapters 60GG-2 (“Information Technology Security”) and 60GG-5 (“State of Florida Enterprise Architecture”), section 501.171, F.S. (“Security of confidential personal information”), and other relevant information security policies, procedures, and standards.

mailto:OGCFiling@flhsmv.gov

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b. The Contractor shall ensure that vulnerability scanning of all system components is performed periodically and validate that identified vulnerabilities are mitigated prior to placing any new or modified system or component into production status. The Contractor shall utilize a robust system patching process to ensure that critical security patches are installed upon release.

c. The Contractor shall submit a detailed System Security Plan, using a

Department-approved plan template, to the Department’s Contract Manager with the Final Implementation Plan, as applicable. The System Security Plan will be provided to the Department’s Contract Manager and Information Security Manager forty-five (45) days prior to commencement of Pilot for review and approval.

The System Security Plan shall:

1) Ensure optimal security protection for the System and all related equipment installed. The system must be accessible via an approved method determined by the Department. All connectivity will require that approved access controls are enabled to ensure that a device, data, or function is accessible only by authorized users.

2) Certify that a cyber security program is in place within its organization and that sufficient, qualified security professionals are on-staff to ensure the following minimum requirements are met at all times during the term of the Contract:

i. Must have a data protection and privacy policy that, at a minimum, complies with Department policies and procedures, as well as Florida Administrative Code chapters 60GG-2 (“Information Technology…