RFQ_25-029-MC_Surveying_Services_Taft_Substation.pdf

REQUEST FOR QUOTATION

RFQ 25-029-MC

SURVEYING SERVICES TAFT SUBSTATION

THIS IS NOT AN ORDER

INSTRUCTIONS: Provide your best price in the unit price column for the services being quoted. If quoting other than specified, indicate brand name part number and include cut sheet. Please read the terms and conditions listed below, complete the requested information, and sign in the space provided below. If not quoting, please indicate “NO QUOTE” and return this form.

Interested parties are requested to respond to this RFQ by

Electronic proposal submittals. Do not submit hard copies unless otherwise instructed. Email or other means will not be accepted.

Vendor Link help can be accessed by calling 407-222-1885, or by emailing support@evendorlink.com.

To ensure correct information formatting:

• Submit electronically through Vendor Link.

• Upload files only in Adobe Portable Document Format

(PDF), MS Word (.doc or .docx), Adobe Portable

Document Format (.pdf); Compressed File (ZIP) formats.

• Enable printing on files submitted.

• Clearly identify the RFQ Number, Name, Submission Date, and Name on the Response Cover Page or letterhead.

• If technical difficulties arise during proposal submission contact Vendor Link technical support at support@evendorlink.com. Any bids received after above stated time and date will not be considered.

It shall be the sole responsibility of the bidder to have their bid electronically delivered electronically through Vendor Link, before the above stated time and date. Bids delayed shall not be considered. However, KUA reserves the right, in its sole discretion, to accept a late bid provided the bidder provides sworn, incontrovertible proof the delay was due to delivery factors beyond its control. This reservation of acceptance does not apply to bids that are sent via U.S. Mail. Such bids will not be considered.

Company

Name

E-Mail

Address

City/State/Zip

Phone No.

FEIN

DUE DATE: TUESDAY, March 4, 2025

By 2:00 PM EST

Public Bid Opening: https://zoom.us/j/93487729870 Meeting ID: 934 8772 9870

KISSIMMEE UTILITY AUTHORITY

Finance & Administration Department Buyer: Melissa Couture, CPM, CPPB, NIGP-CPP Address: 1701 W Carroll Street, Kissimmee, FL 34741 Phone Number: (407) 933-9809 E-Mail Address: procurement@kua.com

FOB – Destination. The articles to be furnished shall be delivered with all transportation charges paid by the Supplier to Kissimmee Utility Authority, Kissimmee, Florida.

mailto:support@evendorlink.com mailto:support@evendorlink.com mailto:support@evendorlink.com mailto:procurement@kua.com

Scope of Services RFQ 25-029-MC Survey Services Taft Substation

KUA is requesting that the selected Surveying Contractor (Surveyor) complete a topographic and existing conditions survey on an approximately 2.5-acre Parcel (Parcel ID – 292425000000013) south of the existing Taft Substation, in Orlando, Florida. The Surveyor will use conventional, terrestrial survey, and high-accuracy global positioning system instruments to survey the existing Project area. Additionally, a Sunshine One- Call ticket will be submitted by the Surveyor prior to survey activities to assess underground utility information at the site.

The Surveyor will collect all aboveground improvements and location data including but not necessarily limited to the existing conditions and features of the site, ground cover types, aboveground utilities, environmental features and flagging, and any Sunshine One-Call underground utility information which has been marked. The survey data will be presented in Florida State Plane Coordinate system, West Zone, Horizontal Datum NAD 83, and the Vertical Datum Reference will be NAVD 88.

The Surveyor will also perform a boundary survey of the site. The Surveyor will search for and identify sufficient property boundary evidence in the field to determine location of boundaries within and near the proposed parking/staging areas. Boundary lines will be shown on the AutoCAD topographic survey drawing. It is assumed that the survey crew will be onsite for one day to acquire survey data, additional time for travel, data processing and reduction is included in the cost estimate.

The Surveyor will prepare a 3D CAD surface from the survey data and deliver the data in a PDF sealed by a Registered PLS in the State of Florida, as well as a digital file in AutoCAD standard drawing format.

RFQ 25-029-MC Surveying Services Taft Substation

RFQ 25-029-MC Surveying Services Taft Substation

I. The following prices are lump sum and inclusive of everything required to perform the work per the specifications and requirements of this RFQ; including but not limited to: overhead, profit, overtime, taxes, fees, mobilization, demobilization, travel, tolls, per diem, miscellaneous reimbursable expenses, waste disposal, labor, equipment, tools, and material.

ITEM DESCRIPTION UNIT UNIT PRICE TOTAL PRICE

1 Surveying Services Taft Substation

TOTAL

Available to begin on date: _________________

SIGNATURE___________________________________ ANY PURCHASE ORDER RESULTING FROM THIS Print Name ____________________________________ QUOTATION WILL BE SUBJECT TO THE TERMS Title__________________________________________ AND CONDITIONS CONTAINED HEREIN.

Date of Quote__________________________________

Interested parties are requested to respond to this Request to Quote (RFQ) by Electronic proposal submittals. Do not submit hard copies unless otherwise instructed. Vendor Link help can be accessed by calling 407-222-1885, or by emailing support@evendorlink.com.

REV 09.01.2021

ADDENDA

SOLICITATION# __________________________

SOLICITATION NAME _____________________________________

The undersigned bidder acknowledges receipt of the following addenda, which have been considered in preparing this Solicitation (if applicable).

Number __________ through Number __________

Bidder Information for:

Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

CERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

SOLICITATION NO.:

SOLICITATION NAME:

PLEASE CAREFULLY READ THIS CERTIFICATION AS YOUR BID RESPONSE IS

CONSIDERED A PUBLIC RECORD UNDER FLORIDA STATUTES.

ACCORDINGLY, IF SPECIFIC SENSITIVE INFORMATION IN YOUR BID

RESPONSE IS NOT PROPERLY LABELED AS “CONFIDENTIAL” OR “TRADE

SECRET” INFORMATION, IT COULD BE SUBJECT TO DISCLOSURE PURSUANT

TO FLORIDA PUBLIC RECORDS LAW.

Kissimmee Utility Authority (“KUA”), as a government agency, is subject to the Florida Public Records Act, Florida Statutes Chapter 119.07, et seq. Under Florida law, KUA is required to disclose all public record information in its possession upon request unless it is statutorily exempt, either under the trade secret exemption, Florida Statutes §812.081, §815.045 or §688.002, or the proprietary confidential business information exemption under Florida Statute §119.0713(4). For purposes of this Certification, the term “Response” includes Bidder’s proposal(s) and/or response(s) to KUA’s solicitations.

The undersigned Bidder hereby certifies that it has read and familiarized itself with Florida Statutes Chapter 119.07 et seq and Florida Statutes §812.081, §815.045, §119.0713, and §688.002. Bidder further certifies that it understands that Florida statutes and case law favor disclosure of records and prohibit exempting most information in a response to a government solicitation. Bidder understands that exemptions from public records disclosure are strictly scrutinized; and thus, Bidder certifies that it shall exercise reasonable judgment in specifically labeling information as protected confidential or trade secret information. Bidder acknowledges and further understands that government agencies, like KUA, are not required to seek permission to disclose non-exempt public records information upon request but have an affirmative duty to provide such information to requester(s) within a reasonable time.

Therefore, Bidder certifies that it has specifically and appropriately labeled any information as “Confidential” in its Response to KUA’s above-referenced solicitation that meets the statutory definitions of trade secret or proprietary confidential business information described above. Bidder further understands and agrees that if it fails to properly label as “Confidential” specific information in its Response that meets the statutory definitions of trade secret or proprietary confidential business information described above, then KUA will consider the information in Bidder’s Response as public record information that is not exempt from public disclosure. Accordingly, Bidder understands and agrees that in the event KUA receives a public records request(s) for Bidder’s Response to KUA’s above-referenced solicitation, KUA will provide full-disclosure of Bidder’s Response and accompanying information to the requester(s) unless Bidder has made affirmative efforts to appropriately label its asserted trade secret or propriety confidential business information as “Confidential.”

CERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

Bidder understands and agrees that should the requester(s) either file a lawsuit seeking court-mandated disclosure of previously labeled confidential or trade secret information or give KUA an indication that it will challenge the refusal to disclose any information that Bidder has labeled as confidential, KUA reserves the right to reevaluate the exempt status of this information and make preparations to turn the information over. In such event, KUA will give Bidder the opportunity to seek a protective order at its own cost and expense. If the requester(s) decide to challenge this in a court of law, Bidder agrees to retain counsel (and be solely responsible for its own attorney’s fees and costs) to defend and protect the information it claims is confidential and subject to the statutory exemptions from public records disclosure referenced above.

In return for the separate and adequate consideration stated in Subsection 12 Indemnity of Section 2 General Conditions, Special Instructions and Insurance Requirements of the above-referenced solicitation, Bidder agrees to indemnify and hold KUA harmless from any and all liability and/or expense, including reasonable attorney’s and expert witness fees and court costs, in the event a court finds that any of Bidder’s redacted information is public record and holds KUA liable for the requester(s)’ attorney’s fees and court costs for failure to disclose a public record.

KUA reserves the right to factor this result in any evaluation of bids submitted by Bidder in response to future KUA solicitations.

By submitting a Response to KUA’s above-referenced solicitation and signing this form, Bidder agrees that it has and will comply with all applicable requirements of the Florida Public Records Act and will further fully comply in good faith with the terms and conditions of this Certification.

This Certification shall remain in effect in full force and effect even after a contract is awarded and executed by the awardee.

Signature:

Print Name:

Title:

Company:

Date:

CONFLICT OF INTEREST STATEMENT

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

1. The undersigned is submitting a proposal/offer for the above project.

2. The undersigned conducted thorough research and provided the information in this statement based on full knowledge.

3. The undersigned confirms that only one submission has been made for this solicitation by the appropriate deadline, and the aforementioned entity has no financial interest in any other entities submitting proposals for the work.

4. Neither the undersigned nor the mentioned entity has engaged in any activity that restricts the competitive nature of this solicitation, including prior discussions of terms, conditions, pricing, or other offer parameters.

5. The entity and its affiliates, as well as anyone associated with them, are not currently suspended or prohibited from participating in this solicitation or any subsequent contracting by any government.

6. There is no potential conflict of interest for the entity or its affiliates, or anyone associated with them, due to any other clients, contracts, or property interests in this solicitation or the resulting project.

7. I also certify that no member of the entity’s ownership, management, or staff has a vested interest in any KUA Division, Department, or Office, and no member of the entity’s ownership or management is pursuing or has been selected for an elected position within

KUA.

If a conflict of interest arises during the provision of services, I will promptly notify KUA in writing.

CONFLICT OF INTEREST STATEMENT

Bidder Information Company Name Contact Name Phone Number Email Address Signature

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION. REV 09.01.2021

DRUG FREE WORKPLACE COMPLIANCE

SOLICITATION# __________________________

SOLICITATION NAME ____________________________________

IDENTICAL TIE BID: Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more quotes which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified herein.

4. Notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the solicitation and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any convicted employee.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

I certify that this firm complies fully with the above requirements in accordance with Florida Statute 287.087.

Bidder Information Company Name Contact Name Phone Number Email Address Signature http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893ContentsIndex.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.087.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.087.html

EXPERIENCE, REFERENCES & CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

The Bidder must be a provider currently doing business with the general public, currently servicing a minimum of four (4) commercial accounts equal in size and scope to this solicitation, and be properly licensed to do business in the State of Florida. The Bidder(s), under its current business name, must also have a minimum of one (1) consecutive year of verifiable experience servicing commercial accounts equal in size and scope to this solicitation.

Reference #1 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Reference #2 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Reference #3 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

EXPERIENCE, REFERENCES & CERTIFICATION

Reference #4 Company Name Contact Name Phone Number Email Address Project Description Project Amount Date Completed

Bidder Information Company Name Contact Name Phone Number Email Address Signature

NOTICES

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, with copy to last known email address shall constitute sufficient notice to the Owner and the Contractor. All notices required and/or made pursuant to this Contract Agreement to be given to the Owner and the Contractor shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:

OWNER:

CC:

Kissimmee Utility Authority Attention:

Procurement Services Division 1701 W Carroll ST Kissimmee, Florida 34741 procurement@kua.com

BIDDER/CONTRACTOR:

Business Name

Name of Contact

Street

City, ST, Zip Code

Email Address

Phone

Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

mailto:procurement@kua.com

PRICE SCHEDULE CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

Bidder shall submit bid pricing in the format as requested to expedite and simplify the process of evaluation; to ensure each bid receives the same orderly review. Bids containing escalations and/or footnotes indicating changes or negotiations in pricing may be disqualified.

I/we, the undersigned, hereby declare that we have carefully reviewed the solicitation documents and with full knowledge and understanding of the aforementioned herewith submit our bid. We understand that the solicitation in its entirety is made part of any agreement between Kissimmee Utility Authority and the successful bidder.

I/we, the undersigned, as authorized signatory to commit the firm, do hereby accept in total all the terms and conditions stipulated and referenced in the solicitation document and do hereby agree that if a Contract Agreement is offered or negotiated it will abide by the terms and conditions presented in the solicitation document.

I/we, the undersigned, agrees to the terms of the solicitation documents, local conditions, and the cost of the work at the place(s) where the work is to be done, hereby proposes and agrees to perform within the time stipulated, all work required in accordance with the scope of services and other documents including any and all addenda, for the price set forth herein.

I/we, the undersigned, acknowledge full understanding and acceptance of all the terms and conditions set forth in the solicitation document or as otherwise agreed to between the parties per Section 1, Paragraph 49. Contract Not Affected by Oral Agreement.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

PROPOSED SCHEDULE OF SUBCONTRACTORS

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

Check here if NO Subcontractors will be utilized for this project.

Subcontractor Name Minority Code Scope of Work to be Subcontracted

Dollar Value Certifying Agency

MWBE and SDVBE DESIGNATION Minority Code Code Description

MWBE MINORITY WOMEN BUSINESS ENTERPRISE

SDVBE SERVICE DISABLED VETERAN

Equal Employment Opportunity Bidder certifies in accordance with the provision of Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, that it will affirmatively ensure that in any contract entered into pursuant to this solicitation, minority business will be afforded full opportunity to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

https://www.justice.gov/crt/title-vi-1964-civil-rights-act https://www.justice.gov/crt/title-vi-1964-civil-rights-act

QUALIFICATION & PROJECT MANAGEMENT

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

The following questionnaire shall be completed by the Bidder(s) to assist in the evaluation of the bid submittals.

Primary Contact Information Name of Primary Contact Responsible for Work Performance Title of Primary Contact Phone Number Cell Phone Email Address

Alternate Contact Information Name of Alternate Contact Responsible for Work Performance Title of Alternate Contact Phone Number Cell Phone Email Address

Experience Years in Business Years in Business under this name Years Performing this type of work Value of work in place last year Number of Full Time Employees Percentage of Work usually self-performed Name of company used for background checks Has firm failed to complete a contract?

Has firm ever filed bankruptcy?

QUALIFICATION & PROJECT MANAGEMENT

Safety *Have you had any OSHA fines within the last three (3) years?

*Have you had any job related fatalities within the last five (5) years?

*If you answered YES to either of the above questions, you MUST submit the details describing the circumstances surrounding each incident on a separate sheet.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

STATEMENT OF COMPLIANCE & EXCEPTIONS

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

______ We DO NOT take exception to the Solicitation/Specifications.

______ We TAKE exception to the Solicitation/Specifications as follows:

Bidder’s failure to reference and delineate exceptions in this Statement of Compliance and signature on same constitutes a complete waiver by Bidder of any exceptions to any of the terms and conditions of this Solicitation/Specifications. Bidder’s signature below constitutes Bidder’s understanding, acknowledgement and agreement that it is bound by all the terms and conditions of this Solicitation/Specifications unless Bidder sets forth its written exceptions above.

Bidder Information Company Name Contact Name Phone Number Email Address Signature

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

jgonzalez Cross-Out

STATEMENT OF INSPECTION

SOLICITATION# ___________________________

SOLICITATION NAME _____________________________________

We, the undersigned, have inspected the facility, job site, location specified in the Solicitation document and fully review and understand all work required in accordance with the Solicitation/Specifications for each phase.

Location Name Address Date

Bidder Information Company Name Contact Name Phone Number Email Address Signature

Page 1 of 3 REV 09.01.2021

PUBLIC ENTITY CRIMES AND SCRUTINIZED COMPANIES

SWORN STATEMENT UNDER SECTION

FLORIDA STATUTES 287.133 (3) (A) AND 287.135

SOLICITATION# __________________________

SOLICITATION NAME _____________________________________

(To be signed in the presence of a notary public or other officer authorized to administer oaths.)

Before me, the undersigned authority, personally appeared who, being by me first duly sworn, made the following statement:

1. The business address of ____________________________________________

[name of bidder or Supplier] is __________________________________________

2. My relationship to __________________________________________________

[Name of bidder or Supplier] is __________________________________________

[Relationship such as sole proprietor, partner, president, vice president].

3. I understand that any company listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Section as defined by Florida Statute 215.473 may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. If found to be on the list, I understand that any contract with the governmental agency or entity will be terminated and that civil penalties as outlined in Florida Statute 287.135 will apply.

4. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or

Page 2 of 3 REV 09.01.2021 information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

6. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in RFP16 4091 OQ the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

7. Neither the bidder or Supplier nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or Supplier nor any affiliate of the bidder or Supplier has been convicted of a public entity crime subsequent to July 1, 1989.

[Draw a line through paragraph 7 if paragraph 8 below applies.]

8. There has been a conviction of a public entity crime by the bidder or Supplier, or an officer, director, executive, partner, shareholder, employee, member or agent of the bidder or Supplier who is active in the management of the bidder or Supplier or an affiliate of the bidder or Supplier. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted vendor list. The name of the convicted person or affiliate is ___________________________________.

A copy of the order of the Division of Administrative Hearings is attached to this statement.

[Draw a line through paragraph 8 if paragraph 7 above applies.]

SIGNATURE PAGE TO FOLLOW

Page 3 of 3 REV 09.01.2021

Signed by: __________________________________

STATE OF ________________

COUNTY OF _______________

Printed Name:________________________________

The foregoing instrument was sworn to and subscribed before me in the state and county first mentioned above on the _____ day of _____________, 20___, by means of

[ ] Physical Presence or [ ] Online Notarization.

Notary Public – State of

Commission Expires __________________________

____ Personally Known

____ Produced Identification: ____________________

REV 07.12.2024

VENDOR ACCESS TO KUA SYSTEMS AND NETWORKS

CERTIFICATION

SOLICITATION# ___________________________

SOLICITATION NAME ____________________________________

The undersigned Bidder certifies to the following:

[ ] Bidder is a Class 1 vendor, as that term is defined in the attached KUA Network Access Policy, who, after contract award, would need to connect to KUA’s network remotely or locally and interact with KUA’s computer systems and networks. By checking this box as a Class 1 Vendor, Bidder, its employees, contractor, subcontractors and agents agree to comply fully with the KUA Network Access Policy, which is attached hereto as Exhibit A, and is incorporated by reference herein, and to be bound by all terms and conditions set forth therein; OR

[ ] Bidder is a Class 2 vendor, as that term is defined in the attached KUA Network Access Policy, who, after contract award, would need to send electronic materials to KUA via email, ftp or a permission based upload and may need, therefore, to access KUA’s Customer Information System. By checking this box as a Class 2 Vendor, Bidder, its employees, contractor, subcontractors and agents agree to comply fully with the KUA Network Access Policy, which is attached hereto as Exhibit A and is incorporated by reference herein, and to be bound by all terms and conditions set forth herein; OR

[ ] Bidder is neither a Class 1 nor a Class 2 vendor, as Bidder’s goods or services will not require bidder to access KUA’s computer systems or networks for any reason at any time.

By submitting a response to KUA’s above-referenced solicitation and signing this form, Bidder agrees its marking of the appropriate box shall bind Bidder fully to the KUA Network Access Policy applicable to its status and will fully comply in good faith with the terms and conditions of the KUA Network Access Policy and this Certification. This Certification shall remain in full force and effect even after a contract is awarded and executed by the awardee.

Signature: Date:

Print Name:

Title:

Company:

REV 07.12.2024

VENDOR ACCESS TO KUA SYSTEMS AND NETWORKS

CERTIFICATION

EXHIBIT A – KUA NETWORK ACCESS POLICY

Network Access Agreement

By proceeding to access KUA’s network or data resources, the vendor, contractor, or government agency agrees to abide by and accept KUA’s terms of use as follows:

Recitals

KUA continues to increase its reliance on IT systems and automation. This presents a growing risk of business disruption, negative financial impact and loss of reputation capital in the event those automated systems are compromised. Cybersecurity threats can occur internally or externally, not only by attackers, but by negligent employees or via malfeasance in the supply chain.

KUA’s IT systems are highly secure, and regularly inspected and mitigated for an entire range of malware and vulnerabilities. When service providers or consultants connect to KUA’s network, KUA inherits the security risk of those vendor’s systems, extending the potential for breach, ransom, malware, or disruption. Vendors, contractors or government offices are entities that connect to KUA’s network remotely or locally and interact with KUA’s systems. This interaction includes tasks such as application development, modification of business systems code or system configurations, or access to KUA data. The scope of work for these activities includes but is not limited to retrieving information from KUA’s databases or uploading files or programs information into KUA’s system.

These represent the highest risk to KUA.

By connecting to KUA’s network, the company, government, or individual acknowledges that it is responsible to:

Proactively assure mutual cyber hygiene, KUA requires vendors, consultants, and partners (i.e., sister government agencies, local, state or federal) to stipulate their adherence to reasonable cybersecurity standards based on the level of their interaction with KUA’s systems and Contractor agrees to adhere to the terms and conditions stated in this Agreement governing its access to KUA’s systems.

Agreement

In return for consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:

Section 1. Access Requested and Consideration. The Contractor acknowledges that it will obtain access to KUA’s network through a formal request process, stating the name of the user, reason for connection and how long the access will be needed for. In exchange for allowing access to KUA’s network, the vendor, contractor, government agency or individual agrees to the terms and conditions governing such network access stated in this Agreement.

Section 2. Assurances of Best Practices governing Cybersecurity. The vendor, contractor or government agency agrees to demonstrate best practices for cybersecurity on their network systems that connect to KUA, and upon request may be asked to provide a System & Organization Control (SOC) report or an equivalent assurance statement that demonstrates compliance with cybersecurity standards. Access to KUA’s network may be suspended until a SOC report is provided.

a. The Contractor acknowledges and affirms the importance of maintaining strong cybersecurity hygiene, including, but not limited to, installing, and maintaining up-to-date antivirus protection, malware prevention, and reasonable firewall protection.

Section 3. Grant of Access to KUA to Scan and Verify Certain Contractor Connections and Equipment. Upon connecting to KUA, the vendor, contractor, government agency or individual acknowledges and agrees that its equipment and connection are subject to internet security scans, including but not limited to port scanning, location verification, and vulnerability assessments during the period of the connection.

a. The vendor, contractor, government agency or individual acknowledges and agrees that it may be blocked from KUA’s network until identified vulnerabilities are remediated.

Section 4. Notification in the event of Cybersecurity attack. The vendor, contractor, government agency or individual acknowledges that a cybersecurity attack on its network could very well compromise KUA’s network. In such an event, reaction time to minimize the damage from such penetration of KUA’s network would be of the essence, thus the vendor, contractor, government agency or individual agrees that in the event of a confirmed cybersecurity attack on their network, they will promptly notify KUA within two (2) hours of the attack becoming known to the vendor, contractor, government agency or individual.

The vendor, contractor, government agency or individual acknowledges that such notification to KUA is necessary for KUA to protect its own network, customers and cybersecurity assets as well enabling KUA to meet its obligations to notify local, state or federal authorities pursuant to state or federal law. The vendor, contractor, government agency or individual shall provide all necessary information related to the security incident, including its nature, scope, and potential risks, to facilitate appropriate response and mitigation actions by KUA.

Section 5. Indemnification. In return for the separate consideration of KUA’s granting the vendor, contractor, government agency or individual access to its network, the vendor, contractor, government agency or individual agrees to defend and hold harmless KUA, its employees, board members, or agents from any and all loss, costs, expenses (including reasonable attorney’s fees and expert witness fees) or liability arising from vendor, contractor, government agency or individual’s failure to: (a) notify KUA of a cybersecurity attack as required by this Network Access Agreement; or

(b) meet all other terms and conditions of this Network Access Agreement.

Section 6. Term. This Agreement will be in effect from the moment a connection to KUA’s network is made and remain in effect up to 6 months thereafter—as determined by post issues caused by infection or compromise at the fault of the vendor, contractor, government agency or individual.