Request for Proposals

Request for Proposals Wind Certification Entities

Florida Department of Financial Services DFS RFP 07/08-11

January 18, 2008

1

Request for Proposals Wind Certification Entities

Florida Department of Financial Services Request for Proposals No. DFS RFP 07/08-11

CAUTION: Proposers and other interested parties must NOT directly or indirectly contact anyone in the Florida Department of Financial Services concerning any aspect of this RFP, other than the Department's Purchasing Agent. See General Instructions, sections entitled Purchasing Agent; Limitation on Vendor Contact with Agency during Solicitation Period; and Questions. Respondents are cautioned and reminded to read carefully and respond precisely and fully to all information contained on PUR Forms 1001, General Instructions to Respondents, and PUR 1000, General Conditions which, except as modified by this RFP, (which constitutes Special Conditions to PUR 1000 and PUR 1001) are incorporated and are attached as the cover sheets to this RFP as well as any requirements specified in the proposal itself. Forms PUR 1000 and PUR 1001 are attached or available online at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms Respondents are further reminded that conditions and specifications, which are considered mandatory requirements, are expressed with the word “shall” or “must” in the description of the requirement. Proposals which fail to demonstrate both willingness and ability to comply with such a condition or specification will be considered non-responsive and will be disqualified.

Contents of the RFP PART I, INTRODUCTORY SECTION ............................................................................................................... 6 A. OVERVIEW OF THE PROCUREMENT....................................................................................................... 6 B. PROCUREMENT TIMETABLE ....................................................................................................................... 6 C. MANDATORY PRE-PROPOSAL CONFERENCE .................................................................................... 7 PART II, SPECIAL CONDITIONS..................................................................................................................... 7 A. GENERAL INSTRUCTIONS REGARDING PROPOSALS .................................................................. 7

1) DEFINITIONS.......................................................................................................................................................... 7 2) GENERAL INSTRUCTIONS. ..................................................................................................................................... 8 3) ELECTRONIC SUBMISSION OF RESPONSES. ........................................................................................................ 8 4) SOLICITATION TERMS AND CONDITIONS. ........................................................................................................... 8 5) PURCHASING AGENT; LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION

PERIOD. .................................................................................................................................................................. 9 6) QUESTIONS. ......................................................................................................................................................... 10 7) RESPONDENT’S REPRESENTATION AND AUTHORIZATION. ............................................................................... 10 8) PERFORMANCE QUALIFICATIONS........................................................................................................................ 10 9) ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. .............................................................................. 11 10) FIRM RESPONSE. ............................................................................................................................................... 11 11) CLARIFICATIONS/REVISIONS........................................................................................................................... 11 12) MINOR IRREGULARITIES/RIGHT TO REJECT. [SEE PUR 1001 ¶16] ......................................................... 11 13) CONTRACT FORMATION. ................................................................................................................................... 11 14) DISPUTE RESOLUTION. ..................................................................................................................................... 11

2

15) PUBLIC RECORDS. .............................................................................................................................................. 11 16) PROTESTS. ......................................................................................................................................................... 12

B. SPECIAL INSTRUCTIONS REGARDING PROPOSALS................................................................... 12 2) PERMISSIVE VERSUS MANDATORY TERMINOLOGY............................................................................................ 12 3) MODIFICATIONS TO RFP; RESPONSES TO QUESTIONS ................................................................................... 12 4 ) MANDATORY MINIMUM REQUIREMENTS............................................................................................................. 13 5) WHERE TO SUBMIT PROPOSAL. .......................................................................................................................... 13 PART III STATEMENT OF WORK................................................................................................................ 14

ATTACHMENTS ........................................................................................................................................................ 15 ATTACHMENT 1, STATEMENT OF WCE WORK ....................................................................................... 16 1.1 PROGRAM BACKGROUND; GENERAL MATTERS.......................................................................... 18 1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED............................................................. 18 1.3 TYPES OF STRUCTURES TO BE INSPECTED.................................................................................. 18 1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES.................................................................... 19 1.5 MARKETING; ROLE OF WCES................................................................................................................ 20 1.7 QUALITY ASSURANCE PROGRAM....................................................................................................... 22 1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED.................................................... 24 1.10 ESTIMATED NUMBER OF INSPECTIONS ....................................................................................... 24 1.11 PRODUCTION REQUIREMENTS .......................................................................................................... 25 1.13 COMPENSATION OF WCES.................................................................................................................... 25 1.14 REPORTING DELIVERABLES ................................................................................................................ 26 1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS; TERMINATING SCHEDULING EFFORTS ..................................................................................................................................................................... 26 1.16 PHONE AND EMAIL CONTACT POINTS .......................................................................................... 27 1.17 INSPECTORS & OTHER WCE PERSONNEL .................................................................................... 28

1.17.1 GENERAL ...................................................................................................................................................... 281.17.2 INSPECTORS, REQUIRED EXPERIENCE....................................................................................................... 29 1.17.3 INSPECTORS AND OTHER STAFF COMPENSATION .................................................................................... 30 1.17.4 INSPECTORS -- DRESS CODE ETC.............................................................................................................. 30 1.17.5 INSPECTORS, WCE STAFF AND MANAGEMENT-- CRIMINAL BACKGROUND AND DRUG USE

REQUIREMENTS .................................................................................................................................................... 31 1.17.5.1 CRIMINAL HISTORY CHECK; FINGERPRINTING. ................................................................................... 30 1.17.5.2 REQUIRED DRUG CHECKS. ..................................................................................................................... 30 1.17.6 INSPECTORS, REQUIRED INITIAL TRAINING ............................................................................................. 34 1.17.8 WCES TO PROVIDE PERIODIC LIST OF INSPECTORS USED .................................................................... 35 1.17.9 WCE TO PROVIDE NAMES OF INSPECTORS TERMINATED FOR CAUSE ................................................. 35

1.18 INSPECTIONS .............................................................................................................................................. 35 1.18.1 REQUIRED TOOLS........................................................................................................................................ 35 1.18.2 HOMEOWNERS' RECORDS........................................................................................................................... 35 1.18.3 CONDUCTING THE INSPECTION .................................................................................................................. 36 1.18.4 ACKNOWLEDGMENT OF SURVEY INSPECTIONS ......................................................................................... 37

3

1.18.5 SURVEY INSPECTION REPORT .................................................................................................................... 37 1.19 REQUIRED WCE INSURANCE............................................................................................................... 37 1.20 ETHICS; CONFIDENTIALITY; RELATED PROVISIONS ......................................................... 38 1.21 INFORMATION TECHNOLOGY REQUIREMENTS........................................................................ 39 1.22 OTHER MATTERS ........................................................................................................................................ 41 ATTACHMENT 2, INSTRUCTIONS FOR PREPARING PROPOSALS .............................................. 43

1. Format

A) PROPOSALS TO BE BOUND IN 3-RING BINDERS ........................................................................ 44 B) ORIGINAL AND NINE PAPER COPIES OF PROPOSAL REQUIRED....................................... 44 C) TABBED SECTIONS & CONTENTS OF SAME ..................................................................................... 44 D) CONSECUTIVE PAGE NUMBERS.............................................................................................................. 45 E) REPEAT INSTRUCTIONS AND QUESTIONS FOR EACH TAB .................................................... 45 F) ANSWER YES/NO QUESTIONS WITH AN "X" OR CIRCLE THE APPLICABLE ANSWER ......................................................................................................................................................................................... 45 G) PROVIDE ONE COPY OF ENTIRE PROPOSAL ON CD IN PDF FORMAT. ............................ 45 H) TRADE SECRET AND OTHER ASSERTED CONFIDENTIAL MATERIALS.............................. 45

2. Contents

A) PROPOSAL TAB SECTIONS....................................................................................................................... 46 TAB 1, TRANSMITTAL LETTER ................................................................................................................................... 46 TAB 2, GENERAL INFORMATION................................................................................................................................ 46 TAB 3, ENTITY STATUS ............................................................................................................................................. 47 TAB 4A, BALANCE SHEETS ....................................................................................................................................... 48 TAB 4B, CASH FLOW STATEMENT ............................................................................................................................ 48 TAB 4C, FINANCIAL RATIOS ..................................................................................................................................... 48 TAB 4D, OTHER FINANCIAL INFORMATION ............................................................................................................. 49 TAB 5, GOVERNMENT REFERENCES; RECOMMENDATIONS; RELATED MATTERS................................................... 49 TAB 6, DESCRIPTION OF PROPOSER'S BUSINESS AND BUSINESS HISTORY ....................................................... 50 TAB 7, PROPOSER'S KEY STAFF .............................................................................................................................. 51 TAB 8, INFORMATION TECHNOLOGY......................................................................................................................... 51 TAB 9, QUALITY ASSURANCE PROGRAM ................................................................................................................. 52 TAB 10, INSURANCE .................................................................................................................................................. 53 TAB 11A, INSPECTORS, SOURCE OF........................................................................................................................ 53 TAB 11B, INSPECTOR TRAINING............................................................................................................................. 53 TAB 11C, INSPECTOR AND SUBCONTRACTOR DRUG TESTING .............................................................................. 53 TAB 11D, INSPECTOR AND OTHER STAFF CRIMINAL HISTORY CHECK ................................................................ 53 TAB 11E, INSPECTOR EXPERIENCE REQUIREMENTS............................................................................................... 54 TAB 11F, INSPECTORS, OTHER MATTERS ............................................................................................................... 54 TAB 12. SERVICE AREAS; CAPACITY COMMITMENTS............................................................................................ 54 TAB 13. SEREVABILITY OF SERVICE REGION PROPOSAL ..................................................................................... 54TAB 14, PRICE ACKNOWLEDGEMENT ....................................................................................................................... 55 TAB 15, ETHICS; CONFIDENTIALITY; RELATED PROVISIONS................................................................................ 55

ATTACHMENT 3, EVALUATION OF PROPOSAL...................................................................................... 57 ATTACHMENT 4, MINIMUM QUALIFICATIONS..................................................................................... 63

4

ATTACHMENT 5A, RISK MANAGER AGREEMENT OF WCE ............................................................. 64 ATTACHMENT 5B, FORM 1802 ....................................................................................................................... 65 ATTACHMENT 6, SUGGESTED TOOLS & EQUIPMENT FOR INSPECTIONS............................. 66 ATTACHMENT 7, IDENTICAL TIE RESPONSE CERTIFICATION ................................................... 67 ATTACHMENT 8, INVOICE FORMAT FOR WCES ................................................................................... 68 ATTACHMENT 9, FORMAT OF EXCEL FILE TO ACCOMPANY INVOICE FOR PAYMENTS . 69 ATTACHMENT 10, SURVEY CHECKLIST FORM ...................................................................................... 70 ATTACHMENT 11, PROVIDER CONTRACT................................................................................................ 71 ATTACHMENT 12, REGIONAL MAP .............................................................................................................. 77 ATTACHMENT 13, INSPECTOR & OTHER STAFF CRIMINAL HISTORY AFFIDAVIT .......... 78 ATTACHMENT 14, WCE INSPECTOR RESOURCE MANUAL ............................................................ 81 ATTACHMENT 15, APPROVED FINGERPRINT PROCESSING FACILITIES............................. 82

ATTACHMENT 16, CUSTOMER SERVICE COMPLAINT FORM ........................................................ 82

5

PART I, INTRODUCTORY SECTION

A. OVERVIEW OF THE PROCUREMENT 1) The Florida Department of Financial Services (the Department) seeks proposals from entities meeting minimum qualifications as specified in this Request for Proposals (RFP), who desire to provide the Department services as a "Wind Certification Entity" (WCE) under Section 215.5586, Florida Statutes. 2) Attachment 1 to this RFP contains an overview of the program as relevant to this procurement, a description of the services sought under this RFP, and sets forth many of the significant terms and conditions related to the services sought. However, proposers are cautioned that this RFP, including all Attachments to the RFP, must be read in its entirety.

B. PROCUREMENT TIMETABLE The Department reserves the right to make adjustments to the Timetable. See the section of this RFP entitled "Modification of Request for Proposals."

Activity Due Date Time Address 1) RFP Release Date January 18, 2008 Vendor Bid System (VBS) @

http://vbs.dms.state.fl.us/vbs/main_menu and http://www.mysafefloridahome.com/

2) Mandatory Pre-proposal Conference

January 28,2008 10 a.m. (est.) Larson Building, 200 East Gaines Street, Room 116, Tallahassee FL 32399

3) Submission of written inquires

January 28, 2008 5:00 p.m. (est.) Submit written inquires via email or fax to the Purchasing Agent identified in Section 1.2: Jay Facemire Larson Building, 200 East Gaines Street RM B-24, Tallahassee, Florida 32399 - 0317

4) Posting of all timely received requests and related answers on or about

January 30, 2008 Vendor Bid System (VBS) @ http://vbs.dms.state.fl.us/vbs/main_menu and http://www.mysafefloridahome.com/

5) Opening of Proposals

February 26, 2008 Each RFP must be received by Purchasing Office no later than 3:00 p.m. (est.)

200 E. Gaines Street, Larson Bldg. RM B-24, Purchasing Office, Attn: Jay Facemire

6) Posting of Notice of Intended Award on or about

April 7, 2008

Vendor Bid System (VBS) @ http://vbs.dms.state.fl.us/vbs/main_menu and http://www.mysafefloridahome.com/

6

http://vbs.dms.state.fl.us/vbs/main_menu


http://www.mysafefloridahome.com/










7) Anticipated effective date of contract

April 30, 2008

The Department reserves the right to make adjustments to the Procurement Timetable regarding the schedule which will be announced to all vendors that have expressed interest by participating in the events listed in.

C. MANDATORY PRE-PROPOSAL CONFERENCE There will be a mandatory bidder’s conference in RM 116, Larson Building, Tallahassee FL 32399, on January 28, 2008 at 10 a.m. Eastern Standard Time (est.).

PART II, SPECIAL CONDITIONS

A. GENERAL INSTRUCTIONS REGARDING PROPOSALS

1) Definitions. Modifies PUR 1001. The following definitions and explanations apply throughout this RFP unless expressly indicated otherwise in particular usages of the terms listed:

a) "Asserted confidential material" refers to any materials provided by a Proposer in or with their proposal, in which material the Proposer asserts is exempt from public disclosure under Florida's public records law, Chapter 119, Florida Statutes.

b) "Business days" include only Monday through Friday, inclusive, except for holidays declared and observed by the state government of Florida.

c) "Business hours" means 8 AM to 5 PM on all business days. d) "Calendar days" count all days, including weekends and holidays. e) "Contract” "contract" refers to the contract that will be awarded to successful Proposers

under this RFP.

f) "Contractor” or “Provider” refers, to a business entity to which a contract has been awarded by the Department for WCE services in accordance with a proposal submitted by that entity in response to this RFP.

g) "Department," "DFS," and "Buyer" all refer to the Florida Department of Financial Services.

h) "Eligible residences" are: i) Single family, detached, site-built, residential property

j) "Purchasing Agent" and "Procurement Officer" as used herein refer to the same person, identified in this RFP as the Department's central and sole point of contact for Proposers and other interested parties seeking information about this RFP.

k) "Proposer" and "Respondent" both mean the entity that submits materials to the Department in accordance with these Instructions. The terms "Respondent" and "Proposer" are used interchangeably in this RFP.

l) "Program" refers to the program of inspections and grants directed by the Florida Legislature, pursuant to Section 215.5586, Florida Statutes.

m) "Response" and “Proposal” means the material submitted by the Proposer to the Department in responding to this RFP.

n) "RFP" refers to this Request for Proposals and includes attachments to this Request for Proposals unless stated otherwise.

o) "Timeline" means the list of actions and related dates specified in this RFP.

7

p) "My Safe Florida Home program,” and “MSFH” and "Florida Comprehensive Hurricane Damage Mitigation Program," refer to the program created by Section 215.5586, Florida Statutes.

q) "MySafeFloridaHome Web site" refers to the Florida Department of Financial Services' "MySafeFloridaHome" Web site, which commences at http://www.mysafefloridahome.com/. Updates and materials related to this proposal may be accessed by clicking on the tab referring to WCEs or Wind Certification Entities that appears on the web page at http://www.mysafefloridahome.com/.

r) “WINGS” refers to the Florida Department of Financial Services’ selected web-based providing WCEs with an interface using a centralized, web-based inspection referral and management system.

s) "Vendor Bid System" and “VBS” refers to the State of Florida internet-based vendor information system at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu.

t) "WCE" and "WCEs" refer respectively to "Wind Certification Entity" and "Wind Certification Entities." See s. 215.5586, Florida Statutes.

2) General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. The RFP must be read as a whole. All statements in this RFP must be read in the light of all other statements made in the RFP. PUR forms 1001 and 1000 are applicable to this RFP, except as modified herein. Any contract(s) resulting from this RFP will include the General Contract Conditions set forth in the Florida Department of Management Services form PUR 1000, except as indicated otherwise in this RFP. PUR forms 1000 and 1001 are available for inspection and download at the Web site of the Florida Department of Management Services, web address http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.

3) Electronic Submission of Responses. Electronic submissions will not be accepted. See Attachment 2 to this RFP for instructions on required format for proposals. [Modifies PUR 1001 ¶3].

4) Solicitation Terms and Conditions. The provisions of this solicitation, including the RFP and all its attachments, shall be read as a whole. In case of conflict between provisions, provisions shall have the order of precedence listed below, where the top listed item has the highest precedence:

RFP Parts I, II and III Statement of Work (Attachment 1 to this RFP) Instructions for Preparing Proposals (Attachment 2 to this RFP) Evaluation of Proposals (Attachment 3 to the RFP) The Contract (Attachment 11 to the RFP) Other Attachments to the RFP Instructions to Respondents (PUR 1001), General Conditions (PUR 1000)

Proposers shall bring to the attention of the Department via a formal question, prior to submitting a Proposal; any perceived inconsistencies among any of the provisions of the RFP and its attachments. The Contract, Attachment 11, after execution by the parties, will take precedence over the RFP documents.

8



http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu

The Department has created a Web site dedicated to the My Safe Floirda Home program, which may be accessed at http://www.mysafefloridahome.com/. The said Web site has information for homeowners, contractors, inspectors, and potential WCEs, among others. Although Wind Certification Entities (WCEs) will not be involved in every aspect of the program, potential Proposers under this RFP are urged to carefully and fully review the entire My Safe Florida Home program Web site, prior to submitting a question or proposal to the Department's Purchasing Agent. In the event of inconsistency between the said Web site and this RFP, this RFP shall control. [Modifies PUR 1001 ¶4] The Department objects to and shall not consider any terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response, which are inconsistent with or contrary to the requirements, terms, or conditions of this RFP. In submitting its response, a respondent agrees that any such inconsistent or contrary terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect, and that the Department shall not be held to have acquiesced to such term or condition. Failure to comply with terms and conditions of the RFP, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. Headings shall not be deemed to substantively modify the contents of the text that follows. The provisions of Section 287.057(18), Florida Statutes apply to the RFP.

5) Purchasing Agent; Limitation on Vendor Contact with Agency During Solicitation Period.

Limitation on Vendor Contact with Agency during Solicitation Period. [See PUR 1001 ¶21] Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Purchasing Agent or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Point of Contact for Proposers and Interested Parties; Purchasing Agent Proposers and other interested parties shall not communicate with the Department or any employee or representative of the Department concerning this RFP or responses to this RFP, except through the Department's Purchasing Agent identified below. The Purchasing Agent is the sole point of contact for Proposers and all other interested persons, concerning this RFP, from the date of release of this RFP until publication by the Department of notice of intent to award contract(s) under this RFP. All procedural questions and requests for clarification of this solicitation shall be submitted to the Purchasing Agent. Willful violation of the requirements of this subsection shall result in elimination of the offending entity from consideration for award of contract under this RFP. The Purchasing Agent is:

Mr. Jay Facemire DFS Purchasing Services, Larson Building 200 East Gaines Street RM B-24, Tallahassee, Florida 32399-0317 Email: [email protected] Phone: 850-413-2012 Fax: 850-487-2389

9

6) Questions. Written Requests for Clarification to Assist In Preparation of Proposals [Modifies PUR 1001 ¶5] a) The Department will accept requests for clarification regarding this RFP that are timely

submitted in accordance with the procedures specified in this subsection. Requests for clarification shall relate to matters of general applicability; the Department will not provide answers to requests seeking clarification of the requirements of the RFP or a resulting contract as applied to the particular situation of an individual Proposer or potential Proposer.

b) Required format and procedures for requests for clarification.

(1) The request for clarification must be actually received by the Department by the deadline stated in this RFP (see Timetable Part I, Section B of this RFP).

(2) Direct all requests for clarification to the Department's Purchasing Agent. (3) Submit the request for clarification by email or on paper. Telephonic or other oral

requests for clarification will not be accepted. (4) In the requests for clarification state the full name, address and phone number of the

Proposer or potential Proposer submitting the request for clarification. (5) State the section and paragraph or page number of the RFP that the request seeks to

clarifiy.

c) The Department reserves the right to disregard questions and other requests for information or clarification that are abusive, profane, argumentative, duplicative to answers already published, not in accord with required procedures, or not from an appropriate party.

d) Answers to questions will be posted on the state Vendor Bid System (see Part II B, item 3), below.

7) Respondent’s Representation and Authorization. By submitting a response, each respondent understands, represents, and acknowledges all of the Representation and Authorization made in PUR 1001 ¶9 (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so).

8) Performance Qualifications. a) The Department reserves the right to investigate or inspect at any time whether the product, qualifications, services, or facilities offered by Proposer meet the Contract requirements. Proposer shall at all times during the Contract term remain responsive and responsible. In determining Proposer’s responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Proposer’s capability to fully satisfy the requirements of the solicitation and the contract. b) Proposer must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Proposer for the production, distribution, and servicing of the product bid. If the Department determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the response or terminate the Contract.

10

Proposer may be disqualified from receiving awards if Proposer, or anyone in Proposer’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, respondent is not relieved from fulfilling all Contract requirements. [PUR 1001 ¶11]

9) Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated in this RFP, the Department shall electronically post a notice of intended award in the Vendor Bid System Advertisements for DFS at http://vbs.dms.state.fl.us/vbs/main_menu. Any person who is adversely affected by the decision shall file with the Department a notice of protest within seventy-two (72) hours after the electronic posting. The Department shall not provide tabulations or notices of award by telephone. [PUR 1001 ¶13]

10) Firm Response. The Department may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Department awards the Contract or the Department receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. [see PUR 1001 ¶14]

11) Clarifications/Revisions. Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. [see PUR 1001 ¶15]

12) Minor Irregularities/Right to Reject. [see PUR 1001 ¶16] The Department reserves the right to accept or reject any and all proposals, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents.

13) Contract Formation. The Department shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Department until the Department signs the Contract substantially in the form as Attachment 11 to this RFP. The Department shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. [see PUR 1001 ¶17]

14) Dispute Resolution.

Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this contract. (modifies PUR 1000 ¶30)

15) Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As

11


such, all responses to a competitive solicitation are public records unless exempt by law. [See Attachment 2 Format section H, entitled “Trade Secret and Other Asserted Confidential Materials"]

16) Protests. Any protest concerning this solicitation shall be made in accordance with Sections 120.57(3) and 287.042(2) of the Florida Statutes and Chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Department's intent to ensure that specifications are written to obtain the best value for the State and those specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), Florida Statutes, and Section 28-110.003, Florida Administrative Code requires that a notice of protest of the solicitation documents shall be made within seventy-two (72) hours after the posting of the solicitation. Section 120.57(3) (a), Florida Statutes, requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Florida Administrative Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” [see also PUR 1001¶20]

B. SPECIAL INSTRUCTIONS REGARDING PROPOSALS. 1) Detailed instructions for formatting and content of each section of the Proposal are in Attachment 2 to the RFP. PUR Forms 1001, General Instructions to Respondents, and PUR 1000, General Conditions which, except as modified by this RFP, (which constitutes Special Conditions to PUR 1000 and PUR 1001) are incorporated and are attached as the cover sheets to this RFP.

2) Permissive versus Mandatory Terminology. a) The use of the words "should" or "may" in this RFP indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature may affect scoring of a proposal but will not in itself cause rejection of a proposal. b) The use of "shall," "must," or "will" (except to indicate simple futurity) in this solicitation indicates compliance is mandatory.

3) Modifications to RFP; Responses to Questions The Department reserves the right to modify this RFP, including the procurement schedule, prior to the deadline for submission of proposals. The state internet-based Vendor Bid System (VBS) will be the primary method used by the Department to advise interested parties concerning any modifications to this RFP and any answers to questions properly submitted to the Purchasing Agent. Interested parties are urged to check the VBS daily for modifications and/or answers to questions. The VBS may be

12

accessed through the Solicitations Web site of the Florida Department of Management Services [http://dms.myflorida.com/business_operations/state_purchasing]. The Department maintains a My Safe Florida Home program (MSFH) Web site [http://www.mysafefloridahome.com]. Information, news and changes in the overall program under Section 215.5586 Florida Statutes, may be posted on the said Web site. Interested parties are urged to check the MSFH Web site daily for any news that may be of interest to proposers.

4) Mandatory Minimum Requirements. Responses must satisfy certain mandatory minimum requirements in order to proceed into the detailed evaluation phase. All Responses will be reviewed for compliance with these mandatory minimum requirements. Responses that meet these requirements will be accepted into a detailed evaluation phase. WARNING: Responses that fail to meet these mandatory minimum requirements will be rejected and considered no further in the evaluation process. Mandatory minimum requirements are outlined by reference to mandatory terminology in the Instructions for Preparing Proposals submission found in Attachment 2 and in Attachment 4.

5) Where to Submit Proposal. Sealed proposals must be received no later than the time stated in the Timetable in Part I, Section B. The Proposal and required copies shall be delivered to:

Mr. Jay Facemire DFS Purchasing Services Larson Building 200 East Gaines Street RM B-24, Tallahassee, Florida 32399-0317 Email: [email protected] Phone: 850-413-2012 Fax: 850-487-2389 .

The proposal and all required copies of the proposal should be delivered in sealed boxes. The outside of each box should bear the Proposer's name; the title "Response to RFP [insert RFP number]"; and each box should be numbered consecutively, e.g., "Box 1 of 3." In no event should any one box exceed 50 pounds in weight. See Attachment 2 for more specific instructions regarding Proposal formatting, tabbing and contents. Proposals may be delivered in person, by courier service (e.g., UPS, Federal Express), or US postal mail. Proposals must be actually received by the Department by the proposal submission deadline. All risk of delay in delivery is upon the Proposer. Proposals delivered in person should be delivered to the main reception desk, Larson Building, main entrance from Gaines Street, 200 East Gaines Street, Tallahassee. Tell the receptionist that you have materials for delivery to the Department's Purchasing Agent, basement of Larson Building. Wait until the Department's Purchasing Agent or other representative of the purchasing office arrives to take custody of the materials. It is suggested that if you intend to make personal delivery of the proposal, you contact the Department's Purchasing Agent several days in advance to confirm arrangement for delivery.

13

http://dms.myflorida.com/business_operations/state_purchasing


PART III STATEMENT OF WORK See Attachment 1 to this RFP.

14

ATTACHMENTS

Attachment 1, Statement of Work

Attachment 2, Instructions for Preparing Proposals

Attachment 3, Evaluation of Proposals

Attachment 4, Minimum Qualifications

Attachment 5A, User Guides for WCE

Attachment 5B, Form 1802

Attachment 6, Suggested Tools/Equipment for Inspections

Attachment 7, Identical Tie Response Certification

Attachment 8, Invoice Format

Attachment 9, Excel File to Accompany Invoice for Payment, Format

Attachment 10, Survey Form (Records Inspection Results)

Attachment 11, Form of Contract to be entered into

Attachment 12, Map with Regions

Attachment 13, Inspector & Other Staff Criminal History Affidavit

Attachment 14, WCE Resource/Training Manual

Attachment 15, Fingerprint Facilities, by County

Attachment 16, Customer Service Complaint Form

16

ATTACHMENT 1, STATEMENT OF WCE WORK

CONTENTS 1.1 PROGRAM BACKGROUND; GENERAL MATTERS.....................................................................................18

1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED ..........................................................................18

1.3 TYPES OF STRUCTURES TO BE INSPECTED .............................................................................................18

1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES ................................................................................19

1.5 MARKETING ROLE OF WCES .........................................................................................................................20

1.6 SURVEY INSPECTIONS; PURPOSE; PROCEDURES ................................................................................21

1.6 HOMEOWNER INSURANCE-RELATED PAPERWORK..............................................................................21

1.7 QUALITY ASSURANCE PROGRAM ................................................................................................................22

1.8 DEDICATED STAFF FOR CUSTOMER SERVICE .................................................................................................23

1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED ..................................................................24

1.10 ESTIMATED NUMBER OF INSPECTIONS.................................................................................................24

1.11 PRODUCTION REQUIREMENTS ................................................................................................................25

1.12 INSPECTION OF ATTICS ...........................................................................................................................................25

1.13 COMPENSATION OF WCES ..........................................................................................................................25

1.14 DELIVERABLES ................................................................................................................................................26

1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS..........................................................................26

1.16 PHONE AND EMAIL CONTACT POINTS ...................................................................................................27

1.17 INSPECTORS AND OTHER WCE PERSONNEL ........................................................................................28

1.17.1 GENERAL ......................................................................................................................................................... 28

1.17.2 INSPECTORS, REQUIRED EXPERIENCE..................................................................................................................29 1.17.3 INSPECTORS AND OTHER STAFF COMPENSATION..................................................................................................30 1.17.4 INSPECTORS DRESS CODE ............................................................................................................................................... 30 1.17.5 INSPECTORS, WCE STAFF AND MANAGEMENT CRIMINAL BACKGROUND AND DRUG USE REQUIREMENTS ................31

1.17.5.1 Required Criminal History Check; Fingerprinting ……………………………………………31 1.17.4.2 Required Drug checks………………………………………………………………………………………33

1.17.6 INSPECTORS, REQUIRED INITIAL TRAINING……………………………………………………………………………34 1.17.7 INSPECTORS, ADDITIONAL TRAINING REQUIRED..................................................................................................34 1.17.8 WCES TO PROVIDE PERIODIC LIST OF INSPECTORS USED ...................................................................................35 1.17.9 WCE TO PROVIDE NAMES OF INSPECTORS TERMINATED FOR CAUSE...................................................................35

1.18 INSPECTIONS ..................................................................................................................................................35

1.18.1 REQUIRED TOOLS................................................................................................................................................35 1.18.2 HOMEOWNERS' RECORDS ....................................................................................................................................35 1.18.3 CONDUCTING THE INSPECTION ............................................................................................................................36 1.18.4 ACKNOWLEDGMENT OF SURVEY INSPECTIONS.......................................................................................................37 1.18.5 SURVEY INSPECTION REPORT ..............................................................................................................................37 1.18.6 SUBMISSION OF SURVEY INSPECTION REPORT DATA ............................................................................................37

1.19 REQUIRED WCE INSURANCE......................................................................................................................37

1.20 ETHICS; CONFIDENTIALITY; RELATED PROVISIONS......................................................................38

1.21 INFORMATION TECHNOLOGY REQUIREMENTS...................................................................................39

17

1.21.1 OVERVIEW ........................................................................................................................................................39 1.21.2 DBDDS SYSTEM ........................................................................................................... 39

1.22 OTHER MATTERS.............................................................................................................................................41

1.23 KEY PERFORMANCE METRIC .................................................................................................................................... 41

18

1.1 PROGRAM BACKGROUND; GENERAL MATTERS The Florida Department of Financial Services (the Department) seeks proposals from entities meeting minimum qualifications as specified in this Request for Proposals (RFP), who desire to provide the Department with service as a "Wind Certification Entity" (WCE) for the purposes of providing free hurricane mitigation inspections as outlined in Section 215.5586, Florida Statutes. As of the issuance date of this RFP, a total of 139,000 such inspections have been performed statewide. Proposers are cautioned that this RFP, including all Attachments to the RFP, must be read as a whole. The contract between the WCE(s) and the Department will be for a twelve (12) month period, renewable for a maximum renewal term through June 30, 2009 at the sole discretion of the Department. The Department of Financial Services has adopted the title "My Safe Florida Home" for use in the Department's consumer interface for the Program. See Web site at http://www.mysafefloridahome.com. The Program has two main components:

1. Free hurricane mitigation inspections for residents living in single-family detached, site–built homes in Florida; and

2. Issuance of grants by the Department to certain eligible homeowners who

received a free hurricane mitigation inspection, for the purpose of making certain retrofit improvements as recommended to the homeowner in a report based upon data collected during the hurricane mitigation inspection.

The Department will accept MSFH inspection applications in accordance with Section 215.5586 Florida Statutes. The Department will send applications of eligible homeowners to WCEs based on the process outlined in this Statement of Work.

1.2 TYPES OF INSPECTION SERVICES TO BE PROVIDED Selected WCEs must be able to provide Survey Inspections in support of the program at no charge to the homeowner.

1.3 TYPES OF STRUCTURES TO BE INSPECTED Survey Inspections will be limited to single-family detached, site-built residences. Mobile homes, manufactured housing, rental/lease housing, apartments, and properties used for commercial activity, are not eligible residences in the program, and WCEs will not provide inspection services for such properties under the My Safe Florida Home program. WCEs must be able to schedule and conduct inspections, using qualified Inspectors, of all eligible residences assigned to them.


19

There are no age limits as to residences to be inspected; residences assigned for inspection may be very new or very old. There are no limits as to types of construction to be inspected, and residences assigned for inspection may be of any type of construction (e.g., wood frame, concrete block, red brick, metal, combinations of the preceding, or other types of construction). The majority of residences assigned for inspections will be one or two story structures. There are no limits as to the size of the residences to be inspected.

1.4 SURVEY INSPECTIONS; PURPOSE; PROCEDURES The Department is charged under Section 215.5586(1) Florida Statutes, with providing inspections of single family-detached, site built residences in all counties statewide to assist homeowners in identifying which specified hurricane mitigation retrofits would be appropriate for their home. Homeowners will apply to the Department for the inspection, and the Department will approve such applications in accordance with Section 215.5586 Florida Statutes. WCEs will receive inspection assignments, contact homeowners, schedule the inspections, have the inspections accomplished by Department-approved, qualified Inspectors employed or otherwise engaged by the WCE, and report the findings to the Department. These inspections are referred to as Survey Inspections. Survey Inspections consist of recording multiple data points specified by the Department, concerning the type of construction and condition of the residence, based on the Inspector's observations and physical measurement while at the residence. See Attachment 10 to this RFP, which is a six (6) page form showing the data to be collected in each Survey Inspection, Attachment 10 will be made available electronically. Included with each inspection must be a minimum of six (6) photographs and a maximum of twenty (20) photographs of each residence inspected (minimum of four of the exterior and a minimum of two of attic, if accessible). Photographs will need to be provided to the Department through WINGS as .jpg or .tiff files limited to 2mb per photo and organized in the following sequence: SRID# Front Elevation = MSFH12345 FE SRID # Right Elevation = MSFH12345 RE SRID # Back Elevation = MSFH12345 BE SRID # Left Elevation = MSFH12345 LE SRID # = Attic 1 SRID # = Attic 2 For photos taken of the exterior of the residence, the WCE shall at a minimum take photos of the front, right, back and left elevations of the house. If foliage or a screen covers an opening, the WCE shall make an effort to take a picture of the opening behind the foliage or screen. If the residence to be inspected is a complex structure, with multiple sides on each elevation, then photos must be taken of the various sides of an elevation to ensure proper count of window and door openings and to capture any other important construction features. While in the attic, clear and illuminated photos must be taken of the roof structure materials, such as trusses and rafters; roof to wall connections, such as clips or toenails; and nail size in the roof deck attachment if the nail size can be seen, and braced and unbraced gables where visible and if applicable. In addition, the Inspector shall open a screen or porch door to take a clear photo of openings inside the screen enclosure or porch.

20

Inspectors must physically measure all window and door openings when accessible. The Department will maintain a master database of Survey Inspection assignments and related Survey Inspection data reported by WCEs. This master database is part of the software and related processes by which the Department assigns inspections to WCEs, communicates back and forth with WCEs regarding assigned inspections, and receives inspection results back from WCEs. The Department refers to this software and related processes as the "Database and Data Dispatch System” or "DBDDS” (pronounced "Dibs"). DBDDS includes of a set of Microsoft Access databases ("MDB files") and constituent tables in Microsoft Access 2003 format. Each residence to be inspected will be a set of records in these tables. Records relating to the same residence will be linked across tables on the "SRID" field ("service request identification number" -- which is a number assigned by DFS when a homeowner applied for a free inspection). This is a simplified overview; see the Information Technology Requirements section of this Attachment 1; see also Attachment 5A to the RFP for detail. The WCE will either have to have Microsoft Access 2003, or some functionally equivalent and compatible software that can read Access 2003 records, and can write records in Access 2003 format so as to be directly readable by the Department's Access 2003 software as if written by Access 2003. By June 1, 2008 the Department will periodically (preferably daily) make Survey Inspection assignments to a WCE through WINGS, the Department’s web-based interface for WCEs. Survey Inspection results will be reported by the WCE through this system. The Department will provide WCEs advance notice if any changes to the process are required. Inspection report data provided by the WCE to the Department through WINGS that is in question or questioned by the homeowner or the Department will be sent back to the WCE for review and possible correction. It will be the responsibility of the WCE to determine what data must be corrected and to make the corrections, and return the corrected inspection results to the Department through WINGS. WCEs and the Inspectors they use do not provide any reports or recommendations verbally or otherwise to homeowners during or after Survey Inspections. Reports and recommendations will go to the homeowner from the Department on the My Safe Florida Home program letterhead. WCEs must provide homeowners with certain generic brochures or other material specified by the Department, but such material will be general in nature, not specific to the particular residence inspected. WCEs must obtain approval for any material left behind with a homeowner if the material was not provided or specified by the Department. The WCE will be responsible for addressing issues related to a Survey Inspection for which the WCE has been paid through the term of the contract period and up to six (6) months after the contract expires.

1.5 MARKETING ROLE OF WCES The WCE will help market free inspections on behalf of the Department and as directed by the Department. Marketing shall include but not be limited to, distributing Department-approved marketing materials to homeowners of single-family, site-built homes regardless of value or location. The WCE will assume the cost of developing and printing marketing materials used by the WCE. Marketing will

21

include a unique code to identify which WCE performed the marketing that resulted in a homeowner application. Marketing material produced and paid for by the WCE is subject to the Department’s approval before use. WCEs that distribute marketing material without prior approval or employ marketing practices that are not acceptable as determined by the Department will be suspended from marketing inspections by the Department. The Department will notify the WCE of this suspension in writing. In exchange, the Department will directly refer inspections it produces to the contractor if the inspections were received by the Department as a result of that Provider’s marketing efforts. The Department shall assign each WCE a unique code that applicants will provide the Department at the time of application. The direct referral of inspections will cease upon either suspension of the WCE in a marketing role or upon expiration or termination of the Provider’s Contract with the Department. The Department will not be compensating the WCE for distribution of marketing materials. The WCE will not distribute marketing material of other services when marketing free hurricane mitigation inspections for the My Safe Florida Home program. The WCE will be able to market anywhere in the state that the WCE has available and qualified Inspectors to perform inspections obtained through marketing efforts. A summary of the WCE’s marketing efforts must be submitted in MS Word or PDF form to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. 1.6 HOMEOWNER INSURANCE-RELATED PAPER WORK Data collected during a survey inspection could result in discounts or credits on hurricane insurance premiums for the applicant whose residence was inspected by the WCE or its inspectors. The WCE and/or the inspectors it employs or subcontracts with will be required to provide a signature, as necessary, to any insurance-related paperwork or forms accepted by insurance companies for the purposes of securing potential credits or discounts for the applicant whose residence was inspected by the WCE or its inspectors. Form 1802 Requirements (a) For each Survey Inspection conducted by the WCE, the WCE shall require its inspectors to properly complete and sign a completed form OIR-B1-1802 (Attachment 5B hereto) (hereinafter “form 1802”) regarding the residence inspected, and provide same to the homeowner, as indicated herein. (b) All data portions of form 1802 shall be completed in black or blue permanent ink, or may be completed by a typewriter or printer that fills out all required data fields with printed entries, or prints the entire form including data entries applicable to the home inspected. (c) In completing and signing the form 1802, the form 1802 shall not be altered in any way, including but not limited to, adding printed or handwritten notations qualifying or modifying the information reported. (d) The inspector certification block at the end of form 1802 shall be completed by the inspector as follows:

1. The “license type” block shall be filled in with the entry “MSFH”; 2. The “license number” block shall be filled in with the MSFH inspector

number as assigned by the WCE; 3. The “Inspection Company” shall be filled in with the WCE’s name as shown

on the WCE’s contract with the Department; 4. The “Phone” entry shall be the WCE’s phone number for customer contact;

22

5. The inspector shall sign their name in the “Inspector Signature” block. The signature shall be in black or blue permanent ink.

6. The “Date” block adjacent to the “Inspector Signature” block shall be filled out with the date the inspector actually signs the form 1802.

(e) No later than ten (10) business days after the date of the inspection of a homeowner’s residence, the WCE shall have the completed and signed form 1802 emailed to the homeowner or placed in the U.S. mail, postage paid, for delivery to the homeowner. In sending the form 1802 to the homeowner, whether by email or postal mail, the WCE shall include a cover letter on the WCE’s letterhead, in the form of Attachment 5B hereto, with bracketed items shown on Attachment 5B replaced by the WCE as indicated in Attachment 5B. (f) The WCE shall confirm and assure that form 1802 filled out and signed by the inspector and provided to the homeowners has a fully legible, neat, and professional appearance. (g) The WCE shall obtain and retain in its records a copy of the each completed, signed form 1802 that is provided to a homeowner. The WCE shall provide the Department upon request with an electronic copy of any or every form 1802 already provided to a homeowner. The electronic copy shall be in PDF format. (h) There will be no additional compensation paid by the Department with regard to the form 1802 requirements. Neither the WCE nor the inspector shall, directly or indirectly, charge or accept from the homeowner any fee or other compensation for providing the homeowner with the completed, signed form 1802. A summary detailing the number of mitigation forms completed and sent to homeowners by county must be provided to the Department’s Contract Manager in MS Word or PDF format at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager.

1.7 QUALITY ASSURANCE PROGRAM The WCE must have a rigorous internal Quality Assurance Program, to assure that Inspectors used by the WCE in the program perform timely, honestly, competently, and with a courteous and professional attitude toward homeowners. See Tab 9 of Attachment 2 Proposers must explain their proposed Quality Assurance Program in their Proposal, in detail. In addition to other components of the Quality Assurance Program as proposed by the WCE, the WCE's Quality Assurance Program must include a system by which the WCE has a sample of inspections its Inspectors have done, reinspected by different Inspectors employed or engaged by the WCE, to verify the accuracy of the initial Inspector's work. The minimum percentage of reinspections required to be performed under the WCE’s contract with the Department will be five (5) percent. Results of a WCE’s re-inspections are subject to review by the Department or a department approved contractor upon request by the Department. The Department reserves the right to modify the percentage of Quality Assurance inspections. Performance measures for data fields that impact (a) Inspection report recommendations, or (b) Wind insurance discounts or credits; including year Roof Covering was installed, roof shape, roof-to-wall connections, roof deck attachment and rating of opening protection on home. If the Department’s Quality Assurance Program reveals that a WCE has inspection report errors above five (5) percent in Survey Checklist data fields that impact (a) Inspection report recommendations, or (b) Wind insurance discounts or credits for the homeowner who receives the inspection report then the WCE must refund the Department fees for any inspections found to be in error through the Department’s

23

Quality Assurance Review. The Department has the option to withhold payment for these inspections with these errors from a subsequent invoice period. If such error rate continues for three (3) months then the contract is subject to termination. The data fields that will be looked at are as follows: Roof deck thickness, spacing and thickness Roof-to-Wall connections Different count number of braced/not braced gables Roof Cover Year Roof Shape Total Number of H-Rated Windows Total Number of H-Rated Doors Calculation of Window Area Calculation of Door Area On a monthly basis, a WCE must report the results of its Quality Assurance Program including but not limited to a summary of results from re-inspections initiated by the WCE to ensure the quality assurance of its inspectors. The WCE shall submit the summary of results in MS Word or PDF format to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. Selected WCEs should be prepared to respond to the Department’s request for information or an action plan based on the WCE’s submitted quality assurance results to the Department.

1.8 DEDICATED STAFF FOR CUSTOMER SERVICE Each WCE is encouraged to maintain a full time staff person for whom at least part of their duties include responding to homeowner questions, concerns, scheduling issues or complaints. In their absence, the WCE’s contract manager is the Department’s contact and is responsible for addressing these issues on behalf of the WCE and its agents and subcontractors. Selected WCE’s will be required to respond to any Customer Service complaints submitted by the Department on a Complaint Form (Attachment 16) within five (5) business days. Lack of response will be recorded in the WCE’s contract file. Proposers must also explain their proposed Customer Service Program as part of the WCE’s Quality Assurance Program, including but not limited to how the WCE will respond to customer service inquiries, the desired timeframe for handling customer inquiries, what customer service surveys will be used if any, the methodology employed for customer service surveys, and how the WCE will use customer survey feedback to improve its operations. Selected WCEs will be required to provide a summary of results from any customer service surveys initiated by the WCE as well as a summary of customer service inquiries and the status and resolution of those inquiries to the Department’s Contract Manager at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. The Department reserves the right to require a WCE use a specific customer service survey tool and methodology at any time during the contract period. A WCE shall, upon request by the Department, provide documentation or access to documentation that supports the results of the summaries provided to the Department in an electronic format. WCEs shall have zero tolerance for incompetence, dishonesty, discourteousness, or unprofessional conduct by any of its Inspectors in program work. A single

24

substantiated instance of dishonesty or incompetence by an Inspector in program inspections shall result in immediate discontinuation of use of that Inspector by the WCE in the program. A single substantiated instance of an Inspector exhibiting a discourteous or unprofessional attitude toward a homeowner or homeowner family member, in relation to an inspection in the program, shall result in immediate discontinuation of use of that Inspector by the WCE in the program. The WCE shall submit to the Department’s Contract Manager any documentation of performance counseling or disciplining of a WCE’s inspector at the same time the WCE submits its monthly invoice for payment to the Department’s Contract Manager. The termination of a WCE’s inspector requires immediate notification to the Department’s Contract Manager.

1.9 SERVICE REGIONS; NUMBER OF WCES TO BE SELECTED For purposes of this RFP and WCE services under this RFP, the state will be divided into THREE (3) regions. The state reserves the right to assign WCEs to multiple regions if it helps the Department meet capacity demands. For example, if a WCE in Region 1 would enhance management of inspections in Region 2, then the Department may assign inspections to the WCE in Region 1 from Region 2. (See Attachment 12, a map showing the three Regions.) The Department anticipates selecting no more than three (3) WCEs to serve each Region. The number of WCEs selected for each region will depend on the Department's analysis of the Proposals submitted to achieve the best mix of adequate reliable inspection capacity with some reserve capacity, efficiency, development of a base of firms capable of providing WCE services, and any other considerations related to the best interests of the Program. WCEs may serve in more than one (1) Region at the sole direction and discretion of the Department. Proposers may in their proposal offer WCE services in one (1), all, or any combination of regions. Proposers must offer and be able to provide all required services throughout the entire geographic area of any region(s) in which they offer to provide any service in their proposal. For example, if Proposer offers to provide WCE service in Region 1, then Proposer must be prepared to provide all required WCE services throughout the entire area of Region 1, and may not limit their offer to parts of Region 1. Proposers may not offer service in geographic areas defined by Proposer; service areas must correspond to the regions as defined in this RFP. If a proposal offers service in more than one (1) region, the proposal must indicate that the Proposer will accept an award for fewer than all the regions in which it has proposed to offer services.

1.10 ESTIMATED NUMBER OF INSPECTIONS Section 215.5586, Florida Statutes, mandates that the Department will complete up to 400,000 free hurricane mitigation inspections to qualified homeowners by June 30, 2009. The Department will not guarantee a minimum number of inspections for any region or WCE. The Department reserves the right to have a willing contracted WCE assist in providing Survey Inspections in a Region to which that WCE was not originally assigned. The Department anticipates rotating inspection assignments in a Region among the contracted WCEs serving that Region, based on the Department's evaluation of the

25

relative capacity of the respective WCEs as they perform under their contracts, the relative timeliness and adequacy of their performance, and other factors related to maximum efficiency and effectiveness of the Program as determined by the Department.

1.11 PRODUCTION REQUIREMENTS WCEs must be able to commence Survey Inspections within fifteen (15) days of notice of award of contract. After thirty (30) days all WCEs must be able to perform a minimum of one thousand (1000) inspections per week. To promote the highest quality of inspections, each WCE shall institute a policy that limits the total number of inspections to be performed per individual inspector to no more than ten (10) completed inspections in a 24-hour period. 1.12 INSPECTIONS OF ATTICS A specific issue that will be closely monitored by the Department is the inspection of homeowners’ attics. Should any WCE report “no access to attic” in 2% or more of total inspections assigned to that WCE in any month, the Department may place that WCE on immediate probation at which time the Department will review the reasons for reporting such information. During this probation period, no new inspections will be assigned to that WCE until the Department has completed its review and until the probation is lifted by the Department.

1.13 COMPENSATION OF WCES The Department will pay the WCE a fixed amount of $140 for each Survey Inspection, assigned by the Department to the WCE, accomplished and reported back to the Department by the WCE in compliance with all requirements of the RFP and contract. This fixed amount will apply to all Regions of the state. Payment per inspection will not vary (for example, the payment will not vary according to the size or location of the house, or the amounts the WCE must pay the Inspector, etc.). All costs of performance by the WCE, including but not limited to compensation of Inspectors used by the WCE, will be derived from the $140 fixed fee per inspection. Related marketing and the completion of insurance paperwork are to be included in this $140 fee. The price per Survey Inspection will be unchanged during any renewal period, if the Department elects to renew the contracts. WCEs will be compensated by the Department solely on the basis of assigned inspections that have been accomplished and for which completed inspection results have been received by the Department in proper format. WCEs will request payment for completed inspections by submission of an invoice to the Department. Invoices may not be submitted more than once per thirty (30) days. DFS will not pay the WCE for an inspection refused by the homeowner. The Invoice will be submitted electronically in the format as shown in Attachment 8. The WCE will also submit, along with each invoice, an Excel spreadsheet identifying each completed inspection for which payment is sought. The Excel document shall be in the format specified in Attachment 9. The spreadsheet shall be submitted with the invoice electronically to the Department’s designated representative. The Department will review the invoice and related Excel file, and compare each inspection invoiced, to the related record in the Department's master Inspection Database. Where the Department's master Inspection Database shows the

26

inspection completed and payment not already requested or made, the Department will approve and make payment for that inspection.

1.14 REPORTING DELIVERABLES Deliverables under the contract will consist of properly completed Survey Inspections including required photographs properly taken, and inspection data reported accurately back to the Department by the WCE through WINGS. The following summary reports will be due at the time the WCE’s monthly invoice is submitted to the Department:

A Monthly summary of marketing efforts, including but not limited to events held or attended, how many and in what venues marketing materials have been distributed, and the types of partnerships coordinated.

B Monthly summary of the number of mitigation forms (form 1802) completed and sent to homeowners by county.

C Monthly summary of the number of Quality Assurance inspections performed along with available results of those inspections.

D Monthly summary of results from customer service surveys initiated by the WCE

E Monthly summary of customer service inquiries and the status and resolution of the inquiries regarding complaints and report errors

F Monthly summary of any performance disciplining or counseling of a WCE’s inspector Reports must show tasks or activities worked on, attesting to the level of services provided.

1.15 SCHEDULING AND RE-SCHEDULING INSPECTIONS; TERMINATING SCHEDULING EFFORTS Upon receipt of a new inspection assignment, the WCE will have the responsibility to promptly contact the homeowner to arrange a mutually convenient date and time for the inspection. Each WCE is encouraged to utilize a centrally located staff person(s) for scheduling all inspections. WCE will coordinate with assigned homeowners regarding scheduling and re-scheduling inspections. The WCE will not rely on the Department for assistance regarding scheduling and re-scheduling inspections. All inspections assigned must be scheduled by the WCE with the homeowner no later than seven (7) days from the date of initial assignment. Should homeowners elect to decline the inspection; the WCE will report this declination through a form available on the WINGS system. The WCE may terminate and return an assignment to the Department without inspection if the WCE is unable, after three (3) attempts on three (3) different days, to contact the homeowner, or if the homeowner fails to comply with their commitments to the WCE or the WCE's Inspector, or the WCE otherwise deems the homeowner to be conducting themselves in an unreasonable manner interfering with the WCE in the WCE's efforts to accomplish the inspection. The WCE shall return such assignments to the Department using the form available through WINGS. The WCE's Inspector shall not enter a house to perform an assigned inspection, unless the homeowner is present, or a duly authorized representative of the homeowner is present who is over the age of 18. The WCE is an independent contractor and shall be responsible as such. The State of Florida shall be held

27

harmless against any and all claims by third parties of improper conduct by the WCE or Inspectors it uses. When scheduling the appointment, the WCE shall request that the homeowner locate and have available copies of any papers related to any existing hurricane protection devices such as shutters or documentation of new roof covering. The papers for the protection devices and roof covering are needed to verify that the present products meet the required standards of the My Safe Florida Home program. The following script and guidelines, or substantially equivalent materials, shall be used when scheduling inspections: Introduction:

My name is _____________ with (WCE’s name) .

I am calling to schedule the FREE wind inspection you requested through the My Safe Florida Home Program.

Inform about Inspection Process:

This inspection will take between 30 minutes and 1 hour.

What days and times are convenient for you?

Decide on a mutually agreeable date and time.

You or an adult to represent you will need to be present during that time.

Our inspector will need to get inside the attic to complete their work.

Have you replaced your roof covering in the last 5 or 6 years?

If yes, ask them to have a copy of any available paperwork showing the year the roof covering was installed.

Do you have impact rated windows or shutters on the house now?

Do you have impact rated exterior doors or garage door on the house now?

If yes, ask them to have a copy of any available paperwork showing the year installed and the model name, number, or any other documents they have regarding their hurricane protection systems.

Confirmation and closing:

Thank you. Our inspector will meet you at _________________ (Confirm time and date).

My name again is _____________. If you must cancel or change the appointment, please call me at ________________. Thank you again.

1.16 PHONE AND EMAIL CONTACT POINTS WCEs must have a company phone number and a company email address, provided to all assigned homeowners, at which the assigned homeowners may contact or leave messages for the WCE during all business hours on all business days. The WCE shall keep the phone at which the said phone number rings, staffed and answered during all business hours (8 AM to 5 PM on all business days), by a person knowledgeable concerning the Department's program and the WCE's involvement in the program.

28

Any incoming voicemail or other recorded voice messages left by the Department or an assigned homeowner, and any incoming emails from the Department or an assigned homeowner shall be acknowledged by response from the WCE within four (4) business hours of receipt.

1.17 INSPECTORS & OTHER WCE PERSONNEL

1.17.1 General The WCE is responsible to provide the services of the Inspectors who conduct the inspections as well as other staff to operate and manage the program. Inspectors and other staff used by the WCE may be employees of the WCE, or subcontractors of the WCE, or employees of subcontractors engaged by the WCE; provided, regardless of how the WCE obtains the Inspector services, as between the Department and the WCE, the WCE will be responsible for supervision and compensation of Inspectors and other staff including subcontractors used in the program. The WCE will not rely on compensation from the Department as its only means for compensating its employees or subcontractors. The WCE must be financially prepared to compensate its inspectors to allow the Department adequate time to set up an account and payment schedule for the WCE. Inspectors and other WCE staff will not be employees, contractors, or subcontractors of the Department. The Department will have no privity of contract or employment relationship with the Inspectors and other staff used by the WCE. The Department will not be deemed to be a party to any contract between the WCE and its Inspectors, other staff or other contractors. The WCE must hold homeowners, for whom its inspectors provided an inspection, financially harmless against any type of lien associated with the conduct of the inspection work. The WCE is responsible to assure that the Inspectors and other staff it uses meet certain qualifications, summarized as follows (and explained in more detail further on in this Attachment):

a. Inspectors must undergo or have undergone certain special training in hurricane mitigation retrofit inspections, and must pass or have passed a related test with a score of at least ninety (90) percent, on a curriculum prescribed by the Department, before conducting inspections in the Program.

b. Inspectors and subcontractors must undergo or have undergone within a specified past time, certain specified criminal history background check, to include fingerprinting. See 1.17.5 for specific requirement for level two (2) background check.

c. Inspectors must pass or have passed within a specified past time, a specified drug usage test.

d. The Inspectors utilized by a WCE must have a minimum of two (2) years experience in residential construction or residential inspections or be licensed in good standing as a licensed contractor, building official, insurance adjuster, professional architect or engineer.

e. Inspectors must acknowledge receipt of all My Safe Florida Home Technical Bulletins. Technical Bulletins include information on proper identification of home features, inspection reporting, best practices, and additional resources for inspectors to use in the completion of their duties.

It shall be the responsibility of the WCE to maintain in one central location in one of the WCE's Florida offices or facilities, the files on each Inspector and other staff used

29

by the WCE to conduct any inspection in the program. Each Inspector file must include at a minimum the following:

1. Complete application and resume 2. Inspector name and badge number 3. Criminal history affidavit (see Attachment 13) 4. Copy of training and testing certification 5. Drug test results 6. Employment agreement, including standards for conduct and performance 7. Non-solicitation agreement 8. Copy of valid drivers license 9. Any documentation of discipline or performance counseling 10. Any documentation of commendations 11. Termination letter, if applicable 12. All signed certifications required under this contract

These files shall be available for Department review at said location at any time during business hours while the WCE is under contract with the Department. Failure of WCE to maintain a complete Inspector file as described above with said documentation may result in an immediate probation or termination of WCE if deemed necessary by the Department.

1.17.2 Inspectors, Required Experience All inspectors used by the WCE to conduct Survey Inspections shall either have a minimum of two (2) years experience in residential construction and/or residential home inspection experience; or shall be currently licensed and in good standing in one (1) of the fifty (50) states as a: (i) professional engineer, (ii) architect, or (iii) general, building, residential, or roofing contractor (as those terms are defined in Section 489.105(3), Florida Statutes.) 1. “Experience in residential construction” means owning or being employed by a firm that actually engaged in the construction of residential properties. 2. “Residential home inspection experience” means owning or being employed by a firm that actually conducted residential inspections relating to structural assessments and/or compliance with building construction standards. 3. The experience requirement may be satisfied by a showing of cumulative experience, even if not continuous. Example: One year of full time experience in residential construction in 1996, followed by employment in other fields, followed by one year of full time residential home inspection experience in 2003, will satisfy the requirement. (a) Prior to using an inspector, the WCE shall require the inspector to sign an experience certification in the following form, which shall be maintained in the WCE’s files: “I, the person whose name and signature appears below, do hereby certify that (check one): ___ I have two (2) years experience in residential construction and/or residential home inspection experience. ___ I am currently licensed and in good standing in one (1) of the fifty (50) states as a (i) professional engineer, (ii) architect, or (iii) general, building, residential, or roofing contractor (as those terms are defined in Section 489.105(3), Florida Statutes.)

30

I understand and agree that for purposes of this certification, “experience in residential construction” means owning or being employed by a firm that is engaged in the construction of residential properties, and that “residential home inspection experience” means owning or being employed by a firm that actually conducted residential inspections relating to structural assessments and/or compliance with building construction standards.” (b) Prior to using an inspector, the WCE shall require the inspector to provide a written or printed document signed by the inspector which either specifies the engineer, architect, or contractor licensure held by the inspector which satisfies the experience requirement, or which details the inspector’s work experience demonstrating the required two years of cumulative experience. The WCE shall require that the document state the name and address of every employer being counted as providing experience to the inspector, and the “to-from” dates of the employment. If licensure as engineer, architect, or contractor is asserted in satisfaction of the experience requirement, the WCE shall require the inspector to specify in the document the license number, name of the state and regulatory body issuing the license and that licensing body’s phone number, or to provide the WCE with a current photocopy of the license relied upon (which copy shall be retained in the WCE’s files); if a photocopy of the current license is not provided, the WCE shall verify such licensure by contact with the licensing body. The documentation provided by the inspector to the WCE in satisfaction of this paragraph shall be maintained in the Inspector’s file maintained by the WCE. WCEs shall specify in their Proposal what their experience requirements for Inspectors will be, and experience requirements as specified by the Proposer will be a competitive element in evaluating Proposals. Proposers will be bound by their Proposal if awarded a contract. Experience requirements shall be specified in Proposals in terms of period of time employed in the residential inspection industry or experience in peforming structural assessments. Proposers should specify if any inspectors to perform inspections under this contract hold any professional licenses (e.g. licensure as an engineer, contractor, or architect). Additionally Proposers should specify if any inspector have memberships in professional inspection associations. Higher experience requirements are desirable and will result in more favorable Proposal evaluation, all other things being equal.

1.17.3 Inspectors and Other Staff Compensation

Inspectors and other staff (which includes subcontractors) will be compensated by the WCE. The amount of compensation the WCE pays for Inspector services and other staff, and the terms and conditions of service between the WCE and the Inspectors and other staff, will be a matter solely between the WCE and the Inspector and staff, except that no term or condition inconsistent with this RPF or the WCE's contract with the Department shall be allowed. All risk of inability to recruit or otherwise obtain and retain Inspectors and staff, is on the WCE. All risk regarding the amount of compensation the WCE must pay to recruit, obtain or retain required Inspector and other staff services, is on the WCE. The Department will not be responsible to Inspectors or other staff to assure they are paid by the WCE that uses their services. The WCE will be responsible for paying its subcontractors or employees for properly completed inspections in a timely manner.

1.17.4 Inspectors -- dress code etc.

WCEs shall assure that Inspectors utilized present a business-like, professional appearance, in regard to clothing and grooming, and at all times perform in a

31

competent and courteous manner in conducting inspections and interacting with homeowners and homeowners' family members.

1.17.5 Inspectors, WCE Staff and Management-- Criminal Background and Drug Use Requirements

Inspectors, other WCE staff and management must, prior to performing any duties related to the program, have successfully undergone the required criminal background check and a drug screening. Responsibility for all action necessary to get the Inspector and other staff qualified will be on the WCE; the Department does not conduct the background checks, drug tests, training, or testing (except, see Fingerprinting, below). In their proposal each Proposer will explain how they will assure that their Inspectors and other staff will meet the standards. All inspectors who have completed a background check under the program since March 2007 will not be required to undergo another background check for three (3) years.

1.17.5.1 Required Criminal History Check; Fingerprinting

Fingerprinting Section 21525586 (1) (b), Florida Statutes. To qualify for selection by the Department as a Wind Certification Entity to provide hurricane mitigation inspections, the entity shall, at a minimum:

1. Use hurricane mitigation inspectors who have undergone drug testing and level two (2) background checks. Inspectors must submit a set of fingerprints to the Department for state and national criminal history checks and must pay the fingerprint processing fee set for in Section 624.501, Florida Statutes.; the fee is approximately $57.25.

2. Criminal History Standards A criminal history that will disqualify the Inspector or other staff from performing inspections and other duties in the My Safe Florida Home program will consist of having been found guilty of, regardless of adjudication, or entered a plea of nolo contendre or guilty to, any offense under any provision of the Florida Statutes cited at Section 435.04(2), Florida Statutes, or under any similar statute of another jurisdiction. The affidavit, Attachment 13 to this RFP, lists the provision of the Florida Statutes cited at Section 435.04(2), Florida Statutes. This affidavit shall be completed by all inspectors, other staff and management of the WCEs.

Fingerprint Procedures. The WCE shall from time to time notify the Department as to the identity of Inspectors and other personnel the WCE desires to have conduct inspections for the WCE in the program. Such notice shall be in a form as specified by the Department. The Department's Web site will provide links to one or more firms with which the Department has a contract in place to provide fingerprint services. The Inspector and other personnel shall follow the link to the fingerprint contractor's Web site, and the Inspector shall apply online through the fingerprint contractor's Web site to have their fingerprints taken. The Inspector and other personnel will be asked to pay the fee to the fingerprint contractor online. The fee is approximately $57.25. The fingerprint contractor's Web site will give the Inspector and other personnel a confirmation number at the successful conclusion of the online payment transaction. The WCE shall select from fingerprint service contractors who have fingerprint facilities in multiple Florida counties (see Attachment 15, a list of counties in which

32

the Department anticipates its fingerprint contractor(s) who have facilities for taking fingerprints of Inspectors and other personnel.) The Inspector and other personnel then go to a local facility of the fingerprint contractor, provide the confirmation number and a government photo ID (e.g., driver's license), and have their fingerprints taken by electronic digital impression (i.e., put your hand on a glass screen and the fingerprints are read into an attached computer). The digitally recorded fingerprints are forwarded via secure technology to the FDLE, which in turn forwards them to the FBI. The results are returned by FDLE to the Department, via secure internet communications, typically by the end of the fourth business day after the Inspector and other personnel submitted the fingerprints. The Department will review the results forwarded by the FDLE, and where there is no disqualifying criminal history, the Department will normally notify the WCE by email within ten (10) days that the Inspector or other personnel is "Approved regarding criminal history check." If the criminal history report indicates the Inspector or other personnel has a criminal history that does or may disqualify the Inspector or other personnel from use in the program, the Department will advise the WCE as follows:

● “Does not meet screening criteria” This means the Department has determined from the criminal history report that the Inspector or other personnel is disqualified from service in the program; or

● “Pending" This means the criminal history report received by the Department has information suggesting that there may be a disqualifying criminal history, but further information, if provided by the Inspector or other personnel, may resolve the matter.

The Department is prohibited from revealing or providing to the WCE or any other person or entity, the FDLE criminal history report or any detail from it, except that the Department may, in case of dispute, summarize the report content to the Inspector or other personnel to whom the report relates. WCEs may advise an affected Inspector or other personnel (directly or through a business with which the WCE has contracted for their services, if so be the case), that the Department has provided the WCE with an "Approved," "Not Approved," or "Pending" response regarding the criminal history check. The Department has established procedures, by which an Inspector or other personnel adversely affected by a Department, may contact the Department and request additional information from the Department, and may submit material to the Department to clarify or correct assertedly incorrect information indicated on the criminal history report received by the Department from FDLE. In some instances the Inspector or other personnel may be able to provide additional information to the Department which will establish that the criminal history does not disqualify the individual. In which case the Department will advise the WCE that the Inspector or other personnel has been re-evaluated and the Inspector or other personnel is "Approved." Inspector Criminal History Affidavit Required. Prior to using an Inspector in the program, the WCE must require the individual to execute a notarized attestation under penalty of perjury, attesting that the Inspector or other personnel has no criminal history as indicated in Section 435.04(2) Florida Statutes. The affidavit shall be in the form of Attachment 13 to the RFP. The WCE shall maintain a copy of the affidavit in the WCE's files regarding that Inspector and

33

other personnel. This affidavit shall be in addition to the other criminal history check requirements.

1.17.5.2 Required Drug checks No Inspector nor other staff or manager shall be used except those passing a drug use screening as specified by this RFP. Drug screening shall consist of a 5-panel urine test to detect drug usage within seventy-two (72) hours prior to the test. The drug screening must report that the substances indicated in Table DTT below were not detected in the urine sample in concentrations at or above the cutoff thresholds indicated for Initial Screen Cutoff. Table DTT (drug test thresholds)

Substance Initial Screen Cutoff

GC/MS Confirmation cutoff

Amphetamines 1000 ng/mL 500 ng/mL Marijuana metabolite

50 ng/mL 15 ng/mL

Cocaine metabolite

300 ng/mL 150 ng/mL

Phencyclidine 25 ng/mL 25 ng/mL Opiates 2000 ng/mL 2000 ng/mL

False positives As used in this RFP the term "positive result" means a result indicating presence of drugs in the person's urine sample, in concentrations at or above the thresholds in Table DTT above. Positive results in the initial screening may be excused if the same sample subsequently passes a Gas Chromatography/Mass Spectrometry (GC/MS) test at the GC/MS thresholds indicated above; indicating that the initial screening result was a false positive. Required testing process The WCE shall comply with the urine specimen drug testing required by this RFP through use of an independent drug testing service firm engaged by the WCE to whom the Inspector is referred for urine sample collection and testing, with results reported directly by the testing service to the WCE. Required documentation The WCE must have in its files for each Inspector, other staff and manager it uses in the program, documentation establishing compliance with the drug test requirements of this RFP. Such documentation must at minimum consist of a dated report of the testing service naming the Inspector and showing test results, and where pertinent a Gas Chromatography/Mass Spectrometry (GC/MS) test result indicating that the initial screening result was a false positive. Prior or subsequent drug tests Notwithstanding that an Inspector or other personnel passes the test required by this RFP, the WCE shall not use the Inspector or other personnel in the program if to the WCE's knowledge the individual has had positive results on any drug screening test at any time in the thirty-six (36) months prior to the commencement of the use of the Inspector or other personnel in the program. The prohibition of this paragraph shall not apply to a positive drug screening test result subsequently shown to be a false positive by GC/MS test of the same sample. The provisions of this paragraph shall not impose any duty on the WCE to conduct investigation or inquiry to determine the existence of such prior positive test results.

34

If at any time subsequent to an Inspector passing the drug test required by this RFP, the WCE becomes aware that the Inspector has again been drug tested and had a positive result on such subsequent drug test, the WCE shall suspend use of the Inspector unless or until the positive result has been shown to be a false positive by GC/MS test of the same sample. This paragraph shall not impose a duty on the WCE to conduct drug tests subsequent to the initial drug test required by this RFP unless such subsequent drug tests are required by the WCE's Drug-Free Workplace Program. Drug Free Workplace Program All WCEs shall have a written program in place and operational, directed to providing, on a continuing basis, a drug free cache of inspectors for work in the program. The Drug Free Workplace Program shall include a clear drug usage policy disseminated to all WCE staff and Inspectors, as well as provisions addressing whether the WCE uses random, for-cause, post accident, and/or other drug testing of its employees and Inspectors. Proposers in their proposal shall provide a copy of the written Program, and any other material describing the Program and supporting the asserted effectiveness of the Program. This Drug Free Workplace Program shall be in addition to the drug test required by this RFP.

1.17.6 Inspectors, Required Initial Training

All Inspectors must have taken the My Safe Florida Home -- Surveyor Training Course (hereinafter the "Course") in person, and passed a multiple choice examination, with a passing score of at least ninety (90) percent, before they are allowed by the WCE to conduct any inspections in the program. WCEs are responsible for verifying that this training has been successfully completed before any Inspector conducts an inspection in the program. WCEs shall also keep a copy of the Inspectors certification of their successful completion of this course and exam in their local employee files. The WCE must ensure that each Inspector they use in the program has a complete paper copy of Attachment 14, the "Wind Certification Entity Surveyor Training Program Resource Manual" (hereinafter "Manual"), when they take the Course and when they conduct inspections in the program. The initial course will take approximately 6-7 hours. The examination will typically take one (1) hour. The examination will have approximately eighty (80) multiple choice questions. The course and examination will be taught and administered by a service provider(s) independent of the WCEs. The course and exam will be provided at multiple dates and locations in the state. The course and exam service provider(s) will charge a fee to take the course and exam. The Inspector or WCE will have to bear the said fee; the Department will not bear any of the cost of Inspector training. The designated course and exam service provider(s) will be the only approved source of the required training and examination. For more information, log on to the www.mysafefloridahome.com and click on “For Wind Inspectors and WCEs.” 1.17.7 Inspectors, Additional Training Required In addition to initial training and certification, all active inspectors will be required to attend training in the form of half-day or single day seminars. A minimum of three (3) seminars will be coordinated by the Department during the contract period. Inspectors actively conducting inspections will be required to attend all three (3)


35

seminars. The training will include but not be limited to inspection procedures; field training; and other material to improve the overall effectiveness of the program. The Department will schedule instructors and provide materials for these seminars. The WCE will be required to pay for cost associated with training set up by the Department. Any travel and other inspector-related costs will be the responsibility of the WCE or individual inspectors and other staff.

1.17.8 WCEs to Provide Periodic List of Inspectors Used WCEs will be required to provide monthly to the Department a list of Inspectors who have performed any Survey Inspections for the WCE in the inspection program. Each list shall be cumulative. The list shall be provided to the Department in electronic form (and also, upon request, in paper form). The electronic list shall be in the form of an Excel spreadsheet, in a format specified by the Department. The list shall include for each Inspector listed:

Name; Business phone number; Business address; Date they completed the required Surveyor Training Course; Date they took the required examination concerning the said

course; Score on the said examination.

The list shall include all Inspectors who complete Survey Inspections for the WCE, regardless whether the Inspector is an employee of the WCE, a contractor of the WCE, or an employee of a contractor of the WCE. The first list shall be due five (5) days after award of contract. The Department has the authority to activate and deactivate an Inspector working for a WCE. Any new Inspectors should be sent at the time the WCE submits its monthly invoice to the Department.

1.17.9 WCE to Provide Names of Inspectors Terminated For Cause

The WCE shall weekly provide the Department in writing, in a format specified by the Department, with the name of any Inspector, while having previously performed any Survey Inspection for the WCE in the inspection program, whose services are no longer used by the WCE due to actual or alleged incompetence, negligence, dishonesty, or failure to perform in a timely and courteous manner regarding homeowners. The WCE shall not be required to list the specific grounds for reason of which the Inspector's services are no longer used by the WCE. The Department has the authority to activate and deactivate an Inspector.

1.18 INSPECTIONS

1.18.1 Required Tools

Attachment 6 is a list of tools and equipment which the Department's pilot program has shown is typically needed for conducting Survey Inspections in this program. WCEs shall assure that the Inspectors they use in the program have with them when conducting program inspections, or have reasonably available to them, the tools and equipment in Attachment 6, or substantially equivalent tools and equipment.

1.18.2 Homeowners' Records When scheduling the Survey Inspection appointment with the homeowner, WCEs shall request that the homeowner locate and have available copies of any papers

36

related to any existing hurricane protection devices such as shutters or documentation on the year roof covering was installed. The papers for the protection devices are needed to verify that the present products meet the required standards.

1.18.3 Conducting the Inspection

The WCE shall assure that the Inspector complies with the following requirements, in addition to other standards and criteria set out herein. The Inspector will:

a. Have an in-depth understanding of the inspection criteria and methods.

b. Arrive at the appointment on time. If Inspector will be more than ten (10) minutes late, he/she must notify the homeowner.

c. Show homeowner the Inspector's ID badge and remind homeowner of purpose of visit and confirm he/she will be present during the inspection. Ask homeowner if paperwork on shutters or roof covering is available.

d. At the dwelling, complete the entire survey and check it for completeness before leaving.

e. During the inspection of the dwelling, take photos of the exterior of the residence and inside the attic if accessible. For photos taken of the exterior of the residence, the WCE shall at a minimum take photos of the front, right, back and left elevations of the house. If foliage covers an opening, the WCE shall make an effort to take a picture of the opening behind the foliage. If the residence to be inspected is a complex structure, with multiple sides on each elevation, then photos must be taken of the various sides of an elevation to ensure proper count of window and door openings and to capture any other important construction features.

f. During the inspection, all window and door openings when accessible must be physically measured.

g. Make sure Inspector's shoes are clean before entering the house to conduct the attic inspection.

h. While in the attic, if accessible, clear and illuminated photos must be taken of roof structure materials, such as trusses and rafters; roof to wall connections, such as clips or toenails; and nail size if the nail size can be seen. In addition, the WCE shall open a screen or porch door to take clear photo of openings inside the screen enclosure or porch.

i. Examine available documentation on shutters, impact-resistant windows, exterior doors, garage doors and roof covering. Record necessary information on Survey Checklist.

j. Complete the "Date of inspection" and the time Inspector started and completed the inspection on the Survey Checklist.

k. If the homeowner information is incorrect, note required changes and report them to the WCE.

l. Leave department-approved information with the homeowner. Homeowners with questions about grants or the grants process should be encouraged to visit www.mysafefloridahome.com or to contact the Department at 1-866-513-6734.


37

m. Have the homeowner sign the Survey Checklist acknowledging Inspector accomplished inspection. Inspector must also sign Survey Checklists.

n. Tell the homeowner that data will be forwarded to the WCE for processing, and a report should be issued and sent to the homeowner within forty-five (45) days.

o. Be courteous and professional at all times.

p. Send completed surveys to the WCE within seventy-two (72) hours of completion.

q. Respond reasonably to homeowner follow-up questions. This may include revisiting the house if the homeowner can make a case that something the Inspector reported was in error without any additional compensation from the Department or the homeowner.

1.18.4 Acknowledgment of Survey Inspections At the conclusion of each Survey Inspection and while at the site, the Inspector shall have the homeowner or homeowner representative over the age of 18, sign an acknowledgement that the inspection was conducted and no damage was done to homeowner's property. The Inspector will also sign and certify the inspection was completed of the residence on the Survey Checklist. If a homeowner requests a copy of what they signed, the WCE shall have procedures in place for providing the homeowner with such copy within a reasonable time. The WCE shall assure that the acknowledgment signed by the homeowner and the inspector is retained and available for audit review by the Department.

1.18.5 Survey Inspection Report Neither the Inspector nor the WCE will issue any survey inspection report to the homeowner. The Department will use the inspection data reported by the WCE to the Department, to prepare and send the inspection report directly to the homeowner. The Department will require the WCE to have the Inspector provide the homeowner, at the time of inspection, with specified brochures or other general informational material, the content of which will not be specific to the home being inspected. Neither WCEs nor Inspectors shall provide the homeowner with any materials not approved by the Department.

1.18.6 Submission of Survey Inspection Report Data The WCE will be responsible for submitting Survey Inspection Report data to the Department. From the date the inspection was performed, the WCE will have seven (7) days to electronically submit this data to the department. If the inspection is marked for QA by the WCE, the WCE will have no more than ten (10) business days to get the Survey Inspection data to the Department.

1.19 REQUIRED WCE INSURANCE The WCE shall comply with Florida worker's compensation insurance requirements, as applicable.

38

The WCE shall at all times while under WCE contract with the Department, have commercial general liability insurance providing coverage in the amount of at least $1,000,000 per occurrence/$300,000 aggregate, with an overall policy limit of at least $1 million, which insurance would apply to and cover final court judgments obtained against the WCE by a homeowner in relation to an inspection under the Program. The policies for Bodily Injury and Property Damage Liability Insurance may be written to include Contractual Liability Insurance to protect the Contractor against claims from the operations of subcontractors. Contractor shall require the subcontractor(s) similarly to provide such insurance for all of the latter’s employees. This section specifies that certain specified coverage for the benefit of persons injured must be in place. It does not specify who the policyholder must be. In some instances it may be a subcontractor of the WCE, but not always. Methods of complying with the requirements of this section may vary depending upon the manner in which the WCE operates. If a WCE directly employs inspectors that perform inspections in the program, then the WCE would most likely be the policyholder. If the WCE has no "employee inspectors," and instead contracts with other inspection firms who in turn provide inspections through their employees, then the WCE might in some circumstances satisfy the requirement by assuring that its subcontractor has in place the specified coverage. This could be an individual add on business use endorsement to their homeowners policy. WCEs shall assure that there is liability insurance in place to cover liability of the WCE and Inspectors it uses, resulting from use of motor vehicles by Inspectors in going to and from the inspection locations in the Program. This liability insurance shall provide coverage at least as follows: $200,000 per person for bodily injury, $1,000,000 aggregate per accident for bodily injury, and $50,000 per accident for property damage.

1.20 ETHICS; CONFIDENTIALITY; RELATED PROVISIONS WCEs and Inspectors are absolutely prohibited from directly or indirectly requesting or accepting any compensation of any kind from any homeowner in regard to the scheduling, re-scheduling, or performance of an inspection assigned by the Department to the WCE under the WCE's contract with the Department. WCEs and Inspectors are absolutely prohibited from directly or indirectly selling, offering, or promoting any goods or services to an assigned homeowner subsequent to the assignment of that homeowner and residence to the WCE for inspection in the Program, and this prohibition shall remain in effect during the pendency of the WCE's contract with the Department. This prohibition shall terminate when the WCE's contract with the Department terminates; provided that prohibitions on use or disclosure by the Inspector and WCE of specific data and information obtained by the Inspector and/or WCE as a result of an assignment and related inspection in the program, shall survive termination of the contract. Data and other information obtained or noted by a WCE or its Inspector concerning a homeowner or homes being inspected, while or as a result of conducting inspections in the program, shall be the property of the Department, and shall be treated by the WCE and Inspector as confidential; neither the WCE nor the Inspector may at any time use such data or information for any marketing purposes, and they shall not share the data or information with, or allow access to the data or information by, persons or entities other than the Department. The WCE and its Inspectors shall take reasonable steps to protect the confidentiality of the data and information. The requirements of this paragraph shall survive the termination of services under the WCE's contract with the Department. This provision shall not relieve the WCE of the

39

duty to comply with any applicable provisions of Florida's public records laws in Chapter 119 of the Florida Statutes, provided, WCEs shall not themselves respond to public records requests and shall instead refer same to the Department for response. WCEs and Inspectors are absolutely prohibited from directly or indirectly discriminating in scheduling or re-scheduling or performing an inspection, on the basis of a homeowner's race, color, creed, marital status, sex or national origin. Neither WCEs nor Inspectors may publish or use the Department's name or logo or the Department's My Safe Florida Home program logo, on or in the WCE or Inspector's Web site, marketing materials, or otherwise, without the express written advance consent of the Department. Such consent will not be provided unless the Department determines that consent would enhance the efficiency or effectiveness of the program. Any violation of the above provisions will result in the termination of the WCE’s contract with the Department.

1.21 INFORMATION TECHNOLOGY REQUIREMENTS 1.21.1 Overview The Department has determined it is in the best interest of the state to develop a web-based interface to help facilitate a centralized inspection assignment and tracking system. This system will enable system users - Wind Certification Entities (WCE), wind inspectors, quality assurance inspectors and Department staff – to more easily manage the assignment, tracking of, and collection of data for inspections for the My Safe Florida Home program. The Department shall require the WCEs to use this web-based interface through the contract period. The Department web-based interface, to be referred to as WINGS, Wind Inspection and Grant System, will provide WCEs the ability to import and export inspection assignments, including photos, between the WCE and the Department. WCEs will be responsible to have or develop their own software or processes to access and manage the data once in the WCE's hands to the extent they use processes other than that provided by WINGS. Selected WCEs and their Inspectors need Internet access to interface with WINGS. The Department will have this web-based interface in place by June 1, 2008. Until June 1, 2008, and for other documentation required in this RFP, the Department uses the Microsoft XP operating system. The Department uses Microsoft Word 2003, Microsoft Access 2003, and Microsoft Excel 2003. The WCE will either have to have those Programs, or some functionally equivalent and compatible software that can read materials in those formats, and can write records so as to be directly readable by the Department's said software as if written by those Programs. The WCE is responsible to timely and accurately report back to the Department for each assigned inspection and for every data item identified for collection in Attachment 10. All inspection data must captured and provided to the Department using the DBDDS System until June 1, 2008, at which time all WCEs will be required to use WINGS. 1.21.2 DBDDS System Attachment 5A is the basic instruction document for WCEs in using/interacting with the Department's DBDDS system, which is the Department’s current system for collecting inspection data.

40

The Department intends to move to a web-based interface by June 1, 2008. Proposers must be prepared to interact with the Department’s current system until the web-based interface is in place. The Department refers to its software and related processes by which it assigns inspections to WCEs, communicates back and forth with WCEs regarding assigned inspections, and receives inspection results back from WCEs, as the "Database and Data Dispatch System” or "DBDDS" (pronounced "Dibs"). The DBDDS system is includes a set of Microsoft Access 2003 databases. For actual inspection data, there are approximately six (6) main data input tables: cert_InpGeneralInfo cert_InpGableEnd cert_InpRoof cert_InpFens cert_InpExtStruct cert_InpWalls The six (6) tables contain data specific to each particular assigned residence. A single assigned residence will have a record in each of the six (6) Data Input Tables. The records for that residence will be linked across the six (6) tables on the SRID (Service Request ID) field; the SRID is a unique number assigned to the residence by the Department. There are approximately twenty-seven (27) tables in DBDDS that are not input tables, and instead just supply allowable inputs for various fields in the six (6) main tables. It is important to note that the DBDDS system addresses and controls how the assignment data gets to the WCE, and how the WCE communicates back and forth with the Department concerning assignments (e.g., updates and results), but DBDDS does not provide the WCE with consoles or interfaces or management software for accessing or managing the data once in the hands of the WCE, or for communicating data back and forth between the WCE and its Inspectors. Each WCE will be responsible to have or develop their own software or processes to access and manage the data once in the WCE's hands. Regardless of what procedures, software, methods, or systems the WCE elects to use to access and manage the data in the WCE's hands and to communicate the data back and forth between the WCE and its Inspectors, the WCE is responsible to timely and accurately report back to the Department for each assigned inspection every data item identified for collection in Attachment 10, using (where applicable) only allowable values from the approximately twenty-seven (27) tables in the DBDDS Inspection Database that supply allowable field values (some fields, such as those for recording measurements, do not have a table of allowable values, although the Department's portion of DBDDS has some error checking routines to identify and reject entered values that are outside expected norms). Furthermore the data must be reported to the Department in the Microsoft Access 2003 DBDDS Inspection Database format specified by the Department using the required FTP process. Survey (Inspection) Checklist form and format The Inspector will record the required data at the residence as the inspection proceeds. Attachment 10, referred to as the "Survey Checklist", is a form for

41

recording all required data points as an inspection is conducted. The data identified for collection on Attachment 10 corresponds to fields in the Department's DBDDS Inspection Database, Attachment 5B. All of the data identified for collection in Attachment 10 must be collected in every inspection. Although use of the specific form at Attachment 10 is not mandatory, whatever form or system the WCE directs or allows Inspectors to use must accurately collect every data item identified for collection in Attachment 10. In addition, in recording inspection data, the Inspector and WCE must use only allowable data values as specified in the approximately twenty-seven (27) tables in the Inspection Database that supply allowable field values. It is the WCE's responsibility to assure that their Inspector properly conducts the inspection and accurately and properly records all required data.

1.22 OTHER MATTERS The WCE shall promptly inform the Department of any attempted or suspected fraud by a homeowner assigned to the WCE for inspection, or by an Inspector in regard to an inspection assigned to the WCE. WCEs will be independent contractors of the Department. WCEs will not be agents or employees of the Department. The WCE's contract with the Department may not be assigned by the WCE to any other person or entity. As between the Department and the WCE, the WCE may not delegate or assign any of its responsibilities under its WCE contract with the Department. The WCE may not refer the Department to any contractor or subcontractor of the WCE, regarding any element of performance under the WCE's contract with the Department. The Department will have no responsibility to assure payment of any contractor or subcontractor of the WCE. The chief executive officer and/or project manager of selected WCEs will be required to meet in Tallahassee with Department staff a minimum of four (4) times during the contract period, including the post award conference meeting. Travel and other costs to attend these meetings will be the responsibility of the WCE and its staff. Selected WCEs will be required to provide required documentation as outlined under this RFP on the Inspectors the WCE plans to use during the first thirty (30) days of the contract award. The Department reserves the right to reject all proposals. The Department reserves the right to amend the RFP and/or to change the procurement schedule.

42

1.23 KEY PERFORMANCE METRIC The following key performance metrics will be utilized (in part) to continuously evaluate the performance of selected contractors. It is imperative that all proposers understand and demonstrate an ability to meet or exceed these expectations. Performance Metric 1-Falls Short of

Requirements 2-Meets Requirements

3-Exceeds Requirements

On average inspections are scheduled within seven (7) days of assignment

On average inspection data is submitted within seven (7) days of inspection date

% of “no access to attic” reported was less than 2%

A minimum 5% of QA inspections completed

Error rate below 5% based on Department’s QA work

Response time on Customer Service complaints is 5 days or less

Monthly reports required under Section 1.14 of the RFP provided

Results from Performance and Compliance audit

ATTACHMENT 2, INSTRUCTIONS FOR PREPARING PROPOSALS

CONTENTS 1. Proposal Format

A) PROPOSALS TO BE BOUND IN 3-RING BINDERS.............................................................................. 44

B) ORIGINAL AND NINE PAPER COPIES OF PROPOSAL REQUIRED.............................................................................44

C) TABBED SECTIONS & CONTENTS OF SAME ..................................................................................... 44

D) CONSECUTIVE PAGE NUMBERS ................................................................................................... 45

E) REPEAT INSTRUCTIONS AND QUESTIONS FOR EACH TAB ................................................................... 45

F) ANSWER YES/NO QUESTIONS WITH AN "X" OR CIRCLE THE APPLICABLE ANSWER.................................. 45

G) PROVIDE ONE COPY OF ENTIRE PROPOSAL ON CD IN PDF FORMAT. ................................................... 45

H) TRADE SECRET AND OTHER ASSERTED CONFIDENTIAL MATERIALS...................................................... 45

2. Proposal Contents

A) PROPOSAL TAB SECTIONS ......................................................................................................... 46

TAB 1, TRANSMITTAL LETTER ..........................................................................................................................................46 TAB 2, GENERAL INFORMATION .......................................................................................................................................46 TAB 3, ENTITY STATUS ...................................................................................................................................................47 TAB 4A, BALANCE SHEETS..............................................................................................................................................48 TAB 4B, CASH FLOW STATEMENT....................................................................................................................................48 TAB 4C, FINANCIAL RATIOS............................................................................................................................................48 TAB 4D, OTHER FINANCIAL INFORMATION.......................................................................................................................49 TAB 5, GOVERNMENT REFERENCES; RECOMMENDATIONS; RELATED MATTERS .................................................................49 TAB 6, DESCRIPTION OF PROPOSER'S BUSINESS AND BUSINESS HISTORY .......................................................................50 TAB 7, PROPOSER'S KEY STAFF......................................................................................................................................51 TAB 8, INFORMATION TECHNOLOGY.................................................................................................................................51 TAB 9, QUALITY ASSURANCE PROGRAM ..........................................................................................................................52 TAB 10, INSURANCE .......................................................................................................................................................53 TAB 11A, INSPECTORS, SOURCE OF................................................................................................................................53 TAB 11B, INSPECTOR TRAINING ....................................................................................................................................53 TAB 11C, INSPECTOR DRUG TESTING..............................................................................................................................53 TAB 11D, INSPECTOR CRIMINAL HISTORY CHECK............................................................................................................53 TAB 11E, INSPECTOR EXPERIENCE REQUIREMENTS..........................................................................................................54 TAB 11F, INSPECTORS, OTHER MATTERS ........................................................................................................................54 TAB 12, SERVICE AREAS; INSPECTION CAPACITY COMMITMENTS. ..................................................................................54 TAB 13, SEVERABILITY OF SERVICE REGION PROPOSAL………………………………………………………………………54 TAB 14, PRICE ACKNOWLEDGEMENT................................................................................................................................55 TAB 15, ETHICS; CONFIDENTIALITY; RELATED PROVISIONS............................................................................................55 TAB 16, MARKETING ROLE OF WCES…………………………………………………………………………………………………

B) PROPOSAL ATTACHMENTS......................................................................................................... 79

43

1. Proposal Format

a) PROPOSALS TO BE BOUND IN 3-RING BINDERS Submit each proposal in a 3-ring binder (or multiple 3-ring binders if needed due to volume of material.) All material that is part of the proposal, including the cover letter, shall be included in the 3-ring binder.

b) ORIGINAL AND NINE PAPER COPIES OF PROPOSAL REQUIRED.

Modifies PUR 1001 a. Provide an original and nine (9) paper copies of the proposal, each bound in separate 3-ring binders. b. The "original" proposal will contain the originals of any documents required to be signed as part of the proposal submission (e.g., cover letter). c. The copies of the proposal will contain photocopies of signed documents. Bind each copy in a 3-ring binder(s) just as the original, and with a complete and exact duplicate of the original. d. The original proposal as submitted should bear the following printed information on both its outside front cover, and on its spine: [Proposers exact legal name, in which name contract would be awarded] Proposal regarding WCE Services, RFP # ____ ORIGINAL Binder __ of __ "Binder" refers to the 3-ring binders used to contain the proposal. For example, if the original proposal is contained in two 3-ring binders, then binder 1 would be labeled "Binder 1 of 2" and binder 2 would be "Binder 2 of 2." e. Each copy of the proposal should bear the following printed information on both its outside front cover, and on its spine: [Proposer's name in which name contract would be awarded] Proposal regarding WCE Services, RFP # ____ Copy # ___, Binder __ of __

c) TABBED SECTIONS & CONTENTS OF SAME The proposal as contained in the 3-ring binder is to consist of tabbed sections. Number, order, and label the tabs as specified in this Attachment. Label each tab as indicated; for example, Tab 1 shall be labeled "Transmittal Letter." Please affirmatively respond to all requests for information herein.

• Use "N/A" to indicate "Not applicable." • Use "None" where a question is logically applicable but the Proposer has no

responsive data. For example, if the question is "List your current state agency customers" and Proposer has no state agency customer, the answer is "None."

44

d) CONSECUTIVE PAGE NUMBERS Proposers should consecutively number every page in the Proposal, where the transmittal letter under Tab 1 is page 1. Continue the consecutive page numbering across Tab boundaries (i.e., do not start again at new page 1 in each new Tab section).

e) REPEAT INSTRUCTIONS AND QUESTIONS FOR EACH TAB Under each tab, repeat verbatim the instructions and questions as set forth herein in regard to that tab, before providing the response or answer.

f) ANSWER YES/NO QUESTIONS WITH AN "X" OR CIRCLE THE APPLICABLE ANSWER Answer a Yes/No question be putting an upper case X in front of your answer. For example, if your answer to a question is "yes" answer as follows: X Yes ___ No Alternatively, you may circle "Yes" to indicate the answer is Yes.

g) PROVIDE ONE COPY OF ENTIRE PROPOSAL ON CD IN PDF FORMAT. 1. The Proposer should also provide one (1) copy of the entire proposal on a CD as an Adobe PDF format document or set of documents. The CD shall be formatted to be readable under Windows XP. 2. This CD shall be labeled as follows: [Proposers exact legal name, in which name contract would be awarded] Proposal regarding WCE Services, RFP # ____

h) TRADE SECRET AND OTHER ASSERTED CONFIDENTIAL MATERIALS 1. All Proposals will be public records after opening and as such will be subject to public review and disclosure, except as specifically authorized otherwise by Florida Statutes. 2. The trade secret or other asserted confidential nature of material shall not excuse any failure to include in the Proposal any required material or information. In scoring Proposals, the Department will not give consideration to materials not provided with the Proposal. 3. The Florida Statutes contain multiple exemptions from the public records laws of Florida. Proposers who feel that they must or that they desire to include in the Proposal material they want to keep confidential, should consult their own counsel for advice on whether the material would be exempt from public records disclosure in the hands of the Department. 4. Proposers should prominently mark any page (e.g. "TRADE SECRET") containing material asserted to be exempt from public disclosure under the Florida Statutes. 5. Proposers are on notice that the Department will usually not resist a public records request for disclosure of the Proposer's Proposal, and the Department will usually instead simply notify the Proposer of the request and leave it to the Proposer

45

to attempt at Proposer's expense and through Proposer's counsel, to obtain a court order protecting the materials from public records exposure. 6. The Department will advise the Proposer if disclosure of any trade secret as defined in Section 812.082, Florida Statutes, where clearly segregated and identified as such in the Response, is sought. If the Department receives a public records request related to the bid, the Proposer shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. Any prospective vendor acknowledges, that the protection afforded by Section 815.45, Florida Statutes, is incomplete, and it is hereby agreed that that no right or remedy for damages arises from any disclosure. (modifies PUR 1000 ¶32 and PUR 1001, ¶19).

2. Proposal Contents

A) PROPOSAL TAB SECTIONS

Tab 1, Transmittal Letter The transmittal letter shall be on the letterhead of the entity submitting the Proposal. The letter is to be addressed to the Department's Purchasing Agent, must be dated, and signed by an individual who has the authority to bind the Proposer. Begin the letter with the following statements, and it may thereafter include such other statements as the Proposer desires and are not inconsistent with the statements below:

The entity named above submits this Proposal in response to Department of Financial Services RFP # [insert number]. Our Proposal complies with all requirements of the RFP. If selected, this entity stands ready to execute the contract indicated in the RFP.

Tab 2, General Information

Repeat each question and/or Preliminary Statement in full, when answering it. a) Proposer's full and exact legal name (e.g., if a corporation, its name as shown in the records of the Florida Secretary of State, Division of Corporations) if the Proposal is selected, this will be the name of the entity with which the Department will contract: b) Proposer's federal employer identification number: c) Proposer's staff member or other representative to whom the Department should direct contact concerning this Proposal: Name: Full address for overnight delivery:

Full address for regular US postal mail: Office phone number: Cell phone number (if applicable): Fax number: Email address:

46

d) Proposer is a [select one]: __Corporation __Limited Liability Company __Partnership e) Street address of Proposer's main administrative offices: f) Street address of every office or other facility Proposer currently maintains in Florida: g) Proposer was formed in the following year: h) Proposer is currently legally domiciled in the following state: i) Is Proposer currently an entity authorized and in good standing to do business as shown in the records of its state of domicile?

__YES __NO j) Is Proposer currently an entity authorized and in good standing to do business in Florida as shown in the records of the Florida Division of Corporations?

_YES __No k) Does Proposer currently do business under any name(s) other than its legal name as stated above?

__Yes __No If yes, state the name(s): l) Has Proposer in the past done business under any name other than its current legal name?

__ YES __NO

If yes, state the name(s) and year(s) used:

m) State the names of the persons filling the following positions (or the functionally equivalent positions if Proposer uses other terminology) (if Proposer has no such position, so state):

CEO: President: Chief of Operations: Chief of Information Technology: General Counsel:

n) Does Proposer understand and acknowledge that inspectors, including subcontractors performing inspections for the MSFH program, will be required to undergo a fingerprint background investigation and drug test? The statutory authority is Section 215.5586 (1) (b), Florida Statutes.

___Yes ___No

Tab 3, Entity Status

a) Insert under this tab record(s) from a state government agency showing that Proposer is an entity in good standing authorized to do business.

47

• If Proposer is legally domiciled in Florida, then only a record from the Florida Division of Corporations is required.

• If Proposer is domiciled outside of Florida, provide a record from both the State of Florida and state of domicile.

b) Printouts by Proposer of records from the official Web site of the Florida Division of Corporations (Sec. of State's Office or Dept of State) are acceptable. For records from other states, please provide original records from the state agency.

Tab 4A, Balance Sheets a) Submit three (3) balance sheet financial statements, prepared and presented in accordance with generally accepted accounting principles, one (1) balance sheet for each of Proposer's three (3) most recently completed accounting years, each one reflecting data as of the last day of the Proposer's accounting year to which the balance sheet relates. CPA audited balance sheets are preferred. If audited balance sheets are not available, provide CPA reviewed balance sheets. If reviewed balance sheets are not available, provide CPA compiled balance sheets. Regardless of whether audited, reviewed, or compiled balance sheets are provided, provide the related CPA's opinion concerning the balance sheet.

Tab 4B, Cash Flow Statement a) Submit three (3) cash flow financial statements, prepared and presented in accordance with generally accepted accounting principles, one (1) for each of Proposer's three (3) most recently completed accounting years. CPA audited statements are preferred. If audited statements are not available, provide CPA reviewed statements. If reviewed statements are not available, provide CPA compiled statements. Regardless of whether audited, reviewed, or compiled cash flow statements are provided, provide the related CPA's opinion concerning the statements.

Tab 4C, Financial Ratios a) Provide Proposer's average current ratio (current assets to current debt) over the most recent twelve (12) months for which such data is available. The ratio shall be prepared in accordance with generally accepted accounting principles. Specify the time period to which the ratio relates. b) Provide Proposer's average debt to equity ratio over the most recent twelve (12) months for which such data is available. The ratio shall be prepared in accordance with generally accepted accounting principles. Specify the time period to which the ratio relates. c) For both requested ratios, CPA audited ratios are preferred. If audited ratios are not available, provide CPA reviewed ratios. If reviewed ratios are not available, provide CPA compiled ratios. Regardless of whether audited, reviewed, or compiled ratios are provided, provide the related CPA's opinion concerning the ratios.

48

Tab 4D, Other Financial Information

a) Is Proposer currently in receivership or bankruptcy proceedings in any state or federal court?

___Yes ___No

If yes, identify the proceedings and explain the nature and status of the proceedings.

b) To the best of Proposer's knowledge, are there any legal proceedings currently pending in any state or federal court seeking to voluntarily or involuntarily place Proposer in receivership or bankruptcy proceedings? ___Yes ___No

If yes, identify the proceedings and explain the nature and status of the proceedings.

c) If Proposer is a member of a group of companies under common ultimate control, are any members of the group currently in receivership or bankruptcy proceedings in any state or federal court?

___Yes ___No

If yes, name the company, identify the proceedings and explain the nature and status of the proceedings.

Tab 5, Government References; Recommendations; Related matters

Note: The Department anticipates contacting all or a sample of any agencies or businesses identified by Proposer under this tab. a) State the name of every state agency in Florida, with which Proposer is currently directly under contract, or has been directly under contract with at any time since 1-1-03, and for each agency listed, provide the name, mailing address and phone number of an agency employee whom we might contact regarding your performance under the contract. b) State the name of up to but not more than five (5) state agencies in states other than Florida, with which Proposer is currently directly under contract, or has been directly under contract with at any time since 1-1-05, and for each agency listed, provide the name, mailing address and phone number of an agency employee whom we might contact regarding your performance under the contract. c) State the name of every agency of the US government, with which Proposer is currently directly under contract, or has been directly under contract with at any time since 1-1-05, and for each agency listed, provide the name, mailing address and phone number of an agency employee whom we might contact regarding your performance under the contract. d) State the name of up to but not more than five (5) private sector customers of Proposer for whom Proposer is currently providing services, or has provided services at any time since 1-1-04, and for each customer listed, provide the name, mailing address and phone number of a customer employee whom we might contact regarding your performance under the contract. For each, indicate the type

49

of services Proposer provided/provides; and give some indication of the size of the engagement (e.g., number of Inspections done). The larger and more similar the engagement is or was to the type of work contemplated by this RFP, the more favorable the scoring on this element, all other things being equal. e) Proposer may attach written, signed, dated recommendations from up to but not more than five (5) government agencies or private sector businesses for whom Proposer has provided or provides services under contract currently or in the past. Recommendations that indicate the type of services Proposer provided/provides, and which indicate the size of the engagement (e.g., number of Inspections done), are preferred. The larger and more similar the engagement is or was to the type of work contemplated by this RFP, the more favorable the scoring on this element, all other things being equal.

Tab 6, Description of Proposer's Business and Business History

Note: This tab should not more than ten (10) single sided pages in total. Provide a description of Proposer's business and business history. This tab may consist of narrative material prepared for the Proposal, or existing material Proposer has on hand, or a combination of same. In the response, in addition to any other information provided under this tab, Proposers should address the following. a) Indicate whether Proposer is a member of a group of businesses under common control. If Proposer is part of a group of affiliated companies under common control, identify the other members and describe in general terms the lines or types of business by other members of the group. b) Indicate the year Proposer commenced doing business anywhere, and specifically in Florida. Describe the development or evolution of Proposer's business (significant milestones, etc.) both nationally and in Florida. c) Address whether Proposer (or the group it belongs to, if applicable) is a publicly traded or a closely held business. If closely held, indicate where ultimate ownership is. If publicly held, identify any stock exchanges and trading symbols used. d) Provide best estimate of how many full time employees (i.e., persons to whom Proposer issued W-2 forms) Proposer had on each of the following dates: Jan 1, 2004: Jan. 1, 2005: Jan. 1, 2006: Dec. 1, 2006:

Jan. 1, 2007.

If Proposer was a member of a group of businesses under common control, and this affects the information provided, please explain.

e) Identify and describe all the types of services and or products which Proposer offers or provides its customers currently. f) Describe how Proposer is functionally organized (e.g., operating units, divisions, sections, etc.) Describe Proposer's authority hierarchy (who reports to whom; position titles; names of persons filling the positions), to the level of major operating units, divisions, sections. Diagrams may be used.

50

Tab 7, Proposer’s Key Staff

a) Identify each of Proposer's staff who Proposer anticipates and considers would have especially significant involvement in performance of the contract under this RFP. For each person identified please provide a resume addressing the following in addition to such other matters as Proposer deems significant:

• Education • Area of expertise • Projected involvement • Current and prior positions in the company • How long with the company • Special technical or other training

b) Among such other persons as Proposer lists, please include any of the following: • The anticipated contract manager • Key Information Technology staff • Persons with supervisory or management experience specifically concerning

conducting wind inspections • Persons with special expertise in wind damage mitigation retrofit work.

Tab 8, Information Technology

Please answer the following specific question(s), and then provide the requested narrative response(s). a) The Department will use a web-based inspection referral and management system to assign inspections to WCEs and to receive and send back inspection data to WCEs. The Proposer must have twenty-four (24) hour Internet access to interface with the system. Can the Proposer comply with this requirement and the requirements of RFP Attachment 1, Sec. 1.21? ____YES ___NO b) The Department uses the following software: MS Word 2003; MS Excel 2003; MS Access 2003, and Ms Outlook 2003 (email). Although the Proposer is not required to own those programs, the Proposer must be able to communicate back and forth with the Department via electronic files in formats compatible with and directly readable by those programs. Can the Proposer comply with this requirement? __YES __NO c) Please separately address the following two items:

Describe Proposer's current Information Technology equipment and resources which would assist Proposer in performing if awarded a contract under this RFP.

Describe any additional Information Technology equipment and resources

which Proposer anticipates obtaining if awarded a contract under this RFP. In addressing each of the above two items, among other things Proposer covers, please address the following:

• Numbers and types of IT staff, where located, and degree of expertise • Identify operating system(s) used • If you currently conduct residential Inspections, identify and describe any

software used to manage same; did you purchase or develop it? • Electronic storage capacity and media type

51

• Type and capacity of internet access • Backup standards and processes • If you do now, or will rely on outside consultants for Information Technology

support if awarded a contract, please address the following: • Who are they?

• How many persons in the company?

• What services do they provide you?

• How long have they been your consultants?

Tab 9, Quality Assurance Program The WCE must have a rigorous internal quality assurance program, in compliance with RFP Attachment 1, Section. 1.7; to assure that Inspectors used by the WCE in the program perform timely, honestly, competently, and with a courteous and professional attitude toward homeowners. Describe in detail the Quality Assurance (QA) Program Proposer will operate if awarded a contract, to assure that its Inspectors perform in a competent, courteous, and timely manner. In addition to such other material the Proposer desires to present in the proposal, please address the following: a) Explain the reinspection component of the Quality Assurance Program (note: a reinspection component is mandatory). In addition to other information Proposer wants to provide on this point, please address the following:

How many or what percentage of program Inspections will you reinspect, understanding that the minimum is 5%?

How will you select the jobs to be reinspected and who will be performing reinspections?

What level of experience will the Inspectors performing reinspections have? How will results of reinspections be processed in order to actually identify and

address apparent problems? b) Will your Quality Assurance Program include an element to survey homeowners after Inspections, on a sample or other basis, to monitor Inspector performance in terms of timeliness, courteousness, and other aspects of homeowner satisfaction? __Yes __No If yes:

Will the surveys be in writing, by phone, by mail, by email, etc.? Will the surveys be done independent of the assigned Inspector or through that

Inspector? How will results of surveys be processed in order to actually identify and

address apparent problems?

NOTE: The Department reserves the right to require that a WCE use a specific customer service survey tool and methodology at any time during the contract period. c) Will your Quality Assurance Program include a process and procedures for handing customer service inquiries? ____Yes ___No If yes:

What is your process and procedures for handling customer service inquiries?

52

How do you plan to assist homeowners dissatisfied with their inspection? d) Explain what your policy and procedure will be concerning investigating and taking action on suggested incidence of untimely, dishonest, incompetent, discourteous or unprofessional attitude conduct by Inspectors in the program.

Tab 10, Insurance a) Identify and describe any persons and offices within Proposer's business (or within the group of companies Proposer is a member of, if applicable), that have special risk management expertise that will be available to Proposer in assuring compliance with the insurance requirements of the RFP. b) Identify and describe any risk management consultants or other sources of risk management expertise outside of Proposer's business (and affiliated group, if applicable) that Proposer anticipates using to help assure compliance with the insurance requirements of the RFP. c) Explain how Proposer will assure compliance with the Florida Workers’ Compensation laws regarding Inspectors used by Proposer in the program.

d) Explain how the Proposer will comply with the requirements of the Statement of Work regarding commercial general liability insurance coverage. e) Explain how the Proposer will comply with the requirements of the Statement of Work regarding motor vehicle liability insurance coverage regarding use of motor vehicles by WCE's Inspectors in going to and from the Inspection locations in the Program.

Tab 11A, Inspectors, Source of

Describe how Proposer anticipates assuring an adequate supply of Inspectors to perform under a contract. In addition, address the following:

• Will you use employees, subcontractors, or a mix of both? • If a mix, what proportion of each category do you anticipate using?

Tab 11B, Inspector Training

Describe in detail how you will implement the required Surveyor Training Course and test requirement as well as additional training (described in Attachment 1).

Tab 11C, Inspector and Subcontractor Drug testing

a) Describe in detail the process and procedures you will use to implement the Inspector and sub-contractor drug test requirement. (see Attachment 1, ¶1.17.5.2)

b) Attach a copy of your written Drug-Free Workplace Program document. The document should describe what policies, steps and practices your firm will use on a continuing basis if selected as a WCE, directed to assuring a drug-free corps of Inspectors for use in the program.

Tab 11D, Inspector and Other Staff Criminal History Check

Describe in detail how you will assure that Inspectors and other personnel you use in the program will be in compliance with the criminal history check requirement of this RFP.

53

Tab 11E, Inspector Experience Requirements

Each WCE shall assure that Inspectors meet the experience requirements described in Attachment 1. The WCEs shall specify in their Proposal the amount and type of experience of their Inspectors as this will be a competitive element in evaluating Proposals. Proposers will be bound by their Proposal if awarded a contract. Specify what other experience requirements that the WCE will require Inspectors to have. Describe in detail how you will implement the experience standards.

Tab 11F, Inspectors, Other Matters

a) Identify and describe what standards you will establish regarding Inspectors and customer service.

• Describe how you will implement the standards. b) Identify and describe what standards you will establish to assure that Inspectors

present a professional and competent appearance. • Describe how you will implement the standards.

c) Identify and describe any requirements you will have regarding required tools and equipment Inspectors must have when conducting Inspections under the program.

• Describe how you will implement the requirements.

Tab 12 Service Areas; Capacity Commitments Proposers are to provide a statement as to the production levels to which they will commit in each region for which they are seeking a contract. a) Assume in making commitments in this tab that the Department gives the WCE a correct daytime phone number for all assigned homeowners. Proposer will use its experience and judgment in dealing with homeowners concerning residential inspections when factoring in: how quickly Proposer will typically be able to make contact with the assigned homeowners; how early a scheduled Inspection date homeowners will typically agree to; numbers of homeowner who will cancel, re-schedule, or no-show, and other factors necessary or appropriate to be considered in making the commitments. b) Also assume in making commitments in this tab that the Department gives the

WCE the Survey Inspection assignments daily. Does Proposer understand and agree that the Department does NOT guarantee a

minimum number of inspections to be assigned? ______Yes ___No Proposer shall identify the region or regions they wish to perform inspections (check all that apply):

Region One: ____ Region Two: ____ Region Three: ____

54

Does Proposer understand and agree that contract may be not awarded for all regions selected by Proposers. ______Yes ___No For each region selected, describe the capability and actions to be taken to insure that the minimum number of weekly inspections will be performed, including:

The number of Inspectors to be employed or contracted and the ability to complete all inspections that are assigned.

Procedures in place to perform the scheduling and reporting to WINGS of inspections assigned.

The management structure and other infrastructure in place to support this activity and level of performance.

Provide statement that Proposer is fully capable of meeting the performance numbers provided.

Provide statement that Proposer is capable of exceeding the performance number provided and estimate the average maximum number per week. Provide justification for this claim.

Tab 13, Severability of Service Region Proposal

a) If Proposer has offered service in more than one Region, may the Department select Proposer for fewer than all the Regions Proposer has offered service in? Note: Answers may not be qualified. If Proposer answers "yes" it means the Department in its sole discretion may select Proposer for one or any combination of Regions in which Proposer has offered service. __Yes __No __Not applicable (Proposer only offers service in one Region)

Tab 14, Price Acknowledgement

Does Proposer understand that the price per Inspection will be a fixed lump sum of $140 per Inspection, and that this will be the only source of WCE compensation under the contract? ___Yes __No

Tab 15, Ethics; Confidentiality; Related Provisions Explain how you will implement the requirements of the Attachment 1 Section entitled "Ethics; Confidentiality; Related Provisions." Tab 16, Marketing Responsibilities of WCE Does Proposer understand and agree to comply with the marketing responsibilities described in Attachment 1, Section 1.6?

___Yes ____No Explain how Proposer will implement these requirements.

55

B. Proposal Attachments All attachments referenced in the Tabs are to be placed behind the applicable Tab in the Proposal. The following additional attachment is optional: Identical Tie Response Preference (Optional) Attachment 7 Whenever an identical solicitation Response is received, preference shall be given to the Response certifying in accordance with Section 60A-1.011, Florida Administrative Code and Florida Statutes. It is optional to include an attached Identical Tie Response Form attached as Attachment 7, if applicable to the Proposer.

56

ATTACHMENT 3, EVALUATION OF PROPOSAL

Contents

Procedural compliance (50 pts). ...............................................................44 Demonstrated Experience, Capacity, Longevity, References (300 pts) ............46 Financial resources and stability (300 pts)…………………………..………………………… 48 Information Technology (100 pts) ............................................................51 Service Regions; Survey Inspection Capacity Commitments (100 pts)............54 Quality Assurance Program (300 pts) ........................................................52

Marketing (100 pt)………………………………………………………………………………………….....55 Insurance (50 pts).................................................................................53 Obtaining Inspectors (200 pts) .................................................................53 Inspectors, Drug Testing & Drug-Free Workplace Program (100 pts) .............53 Inspectors, Criminal Background Checks (100 pts) .....................................53 Inspectors, Training (200 pts) .................................................................53 Inspectors, Experience Requirement (300 pts)...........................................54 Ethics; Confidentiality; Related provisions (100 Pts) ...................................55 Inspectors, Equipment and tools (100 Pts) ................................................54

The Department will have each Proposal meeting minimum qualifications reviewed by a Department team of reviewers, who will score each Proposal on the following elements, with relative weighting of the elements indicated by relative maximum points as shown. Max possible points

Points awarded

Attach. 2 Reference

Element

50 Attach. 2

Tab 1 para a)-g) and tab 3 pg 44

Procedural Compliance (50 pts) Is the Proposal in compliance with the RFP instructions regarding Proposal procedure and format, including but not limited to: • Original and each requested copy of Proposal

submitted in a separate 3-ring binder. • Nine copies of proposals submitted. • Each requested 3-ring binder is labeled on front and

spine as requested. • Copy of entire proposal submitted on properly

labeled CD in PDF format. • Tabbing. Each requested 3-ring binder is tabbed as

requested, and each Tab is labeled as requested. • All requested responses are provided. • Instructions and questions for each tab are

repeated verbatim in the response under that tab. • Entity status documentation is provided

300 Tabs 2, 5 Demonstrated Experience, Capacity,

57

Tab 2 Pg 46 Tab 5 Pg 49 Attach 1 1.17.7 Tab 6 Pg 50 Tab 7 Pg 51

Longevity, References (300 pts) This factor considers: Proposer's description of its business and business history; key staff; organizational structure; input by any current or past customers Proposer identified as required in the Proposal concerning Proposer's performance; letters of recommendation Proposer provides; and other non-financial information provided in the Proposal, as same reflects on the following criteria: • Proposer is a business entity that has been in

existence a sufficient period of time, with a track record of successful operation, to support a conclusion that it has been and is well and competently managed.

• Proposer has a track record of successful operation of projects comparable in size and scope to the work levels anticipated if selected as a WCE under its Proposal.

• Proposer currently has in place key staff with sufficient experience and expertise as to indicate an ability to perform successfully as a WCE.

The more closely aligned the demonstrated experience of the Proposer is to the type of work required, at the volume of inspections the Proposer would be required to accomplish, the more favorable evaluation under this factor.

300 Tab 4 Pg 48-49

Financial Resources and Stability (300 pts) This scoring element looks at the degree to which Proposer demonstrates financial history and resources indicative of sound financial operating practices, and financial wherewithal to perform under a contract with the Department at volume levels commensurate with its Proposal, taking into account that compensation by the Department to the WCE will lag behind the performance of work and incurrence of related costs by the WCE. This factor also weighs reliability of the financial information Proposer has provided.

100 Tab 8 Pg 51 Attach 1 1.21 1.4

Information Technology (100 pts) Is Proposers willing to modify its technology to accommodate changes in the Department’s technology. Has Proposer demonstrated it has, or will have, the necessary Information Technology expertise and resources to properly perform under a contract, and at the volume of business it would be required to carry as a WCE? Does Proposer's submission regarding IT indicate it understands the IT issues, and the IT processes that will be used, and can handle without additional work required by the Department?

58

100 Tab 12

Pg 54 Attach 1 1.11

Service Regions; Survey Inspection Capacity Commitments (100 pts) How many inspections does Proposer commit to completing in 15 days and then 30 days? How does Proposer compare with other Proposers, concerning its commitments? Higher commitments will receive more favorable consideration, all other things being equal. Do Proposer's commitments appear to be realistic in view of its experience, resources, and plans, as set forth in the Proposal?

300 Tab 9 Pg 52 Attach 1 1.7 1.18

Quality Assurance Program (300 pts) Has Proposer presented in detail a Quality Assurance Program to increase assurance that Inspectors used by the WCE in the program perform timely, competently, and with a courteous and professional attitude toward homeowners? How will the WCE meet the 5% re-inspections? Does the quality assurance program include an element to survey homeowners after inspections, on a sample or other basis, to monitor Inspector performance in terms of timeliness, courteousness, and other aspects of homeowner satisfaction? Inclusion of such an element will result in more favorable evaluation, all other things being equal. Does Proposer include any other elements in its Quality Assurance Pprogram, in addition to those referred to above? Does Proposer's Proposal present a Quality Assurance Program that appears to be well and fully thought out, and to be realistic and likely to be effective? Overall, the more comprehensive the presented Quality Assurance Program, and the more effective it is judged, as compared to other Proposals, the higher the score on this element.

100 Tab 16

Pg 55 Attach 1 1.6

Marketing (100 pts) Does the Proposer recognize that his company’s efforts are necessary in the Marketing of inspection applicants? Does the Proposer offer suggestions for recruiting additional inspection applicants?

50 Tab 10 Insurance (50 pts)

Does Proposer adequately demonstrate how it will

59

Pg 53 Attach 1 1.19

comply with the insurance requirements of the RFP?

200 Tab 11A

Pg 53 Attach 1 1.11

Obtaining Inspectors (200 pts)

Does Proposer adequately describe how Proposer anticipates assuring an adequate supply of Inspectors to perform under the contract, at the levels of inspections Proposer would be responsible for if selected? Do Proposer's plans in this regard appear well and fully thought out, sound from a business perspective, and realistic? Does the Proposer adequately understand that he/she must realistically manage expectations of its workforce with respect to available assignments?

100 Tab 11C

Pg 53 Attach 1 1.17.5.2

Inspectors, Drug Testing & Drug-Free Workplace Program (100 pts) Has Proposer described with specificity the process it will use to achieve compliance with the Inspector drug testing requirement? Does Proposer's explanation present a plan or existing process which, as presented, appears to be well and fully thought out, and to be realistic and effective? Drug-Free Workplace Program. Has Proposer provided a written program in the proposal?

Is the program fully explained?

100 Tab 11d Pg 53 Attach 1 1.17.5.1

Inspectors, Criminal Background Checks (100 pts) Has Proposer explained with specificity how it will achieve compliance with the Inspector criminal background check requirements? Does Proposer's explanation present a plan or existing process which, as presented, appears to be well and fully thought out, and to be realistic and effective?

200

Tab 11b

Pg 53 Attach 1 1.17.6

Inspectors Training (100 pts) Has Proposer explained with specificity how it will achieve compliance with the training requirements of the RFP? Does the Proposer present a plan for ongoing training of its inspectors? Does Proposer's explanation present a plan or existing process which, as presented, appears to be well and fully thought out, and to be realistic and effective? Does Proposer conduct screening and training of inspectors as required under the RFP and also as a business practice?

60

300

Tab 11 E Pg 54 Attach 1 1.17.2

Inspectors, Experience Requirement (300 pts) WCEs shall assure that each Inspector is experienced in conducting residential inspections. WCEs shall specify in their Proposal what their experience requirements for Inspectors will be, and experience requirements as specified by the Proposer will be a competitive element in evaluating Proposals. Proposers will be bound by their Proposal if awarded a contract. Experience requirements shall be specified in Proposals in terms of number of supervised inspections performed, and/or period of time employed in the home inspection industry, and may vary from case to case (as specified in the Proposal) based on: professional licenses held (e.g. licensure as an engineer, contractor, architect); membership in professional inspection associations; and/or additional training provided or required by the WCE. Has Proposer adequately presented the experience standards it will use? Do they appear logical and well thought out? Do the standards proposed appear to offer reasonable assurance that Inspectors will be able to adequately perform? How do Proposer's experience standards compare to other Proposers? (all other things being equal, more stringent experience standards relative to other Proposers will result in more favorable scoring on this element)

100 Tab 15

Pg 55 Attach 1 1.20

Ethics; Confidentiality; Related Provisions (100 Pts) Has Proposer presented a detailed plan for assuring compliance with the requirements of the RFP Attachment 1 Section 1.20 entitled "Ethics; Confidentiality; Related Provisions"? Does Proposer's proposal present a plan that appears to be well and fully thought out, and to be realistic and likely to be effective? How does Proposer compare on this element with other Proposals? The more comprehensive and effective the proposed plan is judged to be, relative to other Proposers, the more favorable evaluation will be given, all other things being equal.

100 Tab 11F

Pg 54 Attach 6 Attach 1

Inspectors, Equipment and Tools (100 Pts) Has Proposer explained with specificity what its standards and requirements will be regarding required tools and equipment Inspectors must have accessible when conducting inspections under the Program?

61

1.18 1.17.4

Does it comply with Attachment 6 of the RFP? Does Proposer's explanation present a plan or existing process which, as presented, appears to be well and fully thought out, and to be realistic and effective?

2400

62

ATTACHMENT 4, MINIMUM QUALIFICATIONS

The Department shall not consider any proposal submitted by a Proposer that does not meet the following minimum qualifications: 1) The Proposer must be a corporation, limited liability company (LLC), or partnership, organized and domiciled in one (1) of the fifty (50) states of the United States or the District of Columbia, and currently be in good standing as an entity under the laws of its state of domicile, as shown by a certificate of status issued by the government authorities responsible for maintaining records of authorized entities in the jurisdiction where Proposer is domiciled. 2) If the Proposer is a Florida domestic corporation, LLC, or partnership, Proposer must be currently authorized and be in good standing to do business in Florida as shown by records of the Florida Department of State, Division of Corporations.

63

ATTACHMENT 5A, USERS GUIDE FOR DATABASE & DATA DISPATCH SYSTEMS (DBDDS)

Attachment can be downloaded in its entirety from:

http://www.mysafefloridahome.com

64


ATTACHMENT 5B, FORM 1802

This attachment consists of the Uniform Mitigation Verification Inspection Form OIR-BI-1802.



65


ATTACHMENT 6, SUGGESTED TOOLS & EQUIPMENT FOR INSPECTIONS

In addition to normal inspector tools and equipment, the following list provides suggested additional items which may be used to complete a Mitigation Survey of a residential house.

• Latest version of the Survey Checklist

• Laser Pointer for Laminated Glass Testing

• Flashlight—high intensity with 1,000,000 Candle Power is suggested

• Head mounted flashlight

• Step ladder or folding ladder to access attic

• 6″ steel ruler to measure deck thickness

• Zircon MetalliScanner™ MT-6 (approximate cost: $100)

• 3′ telescoping pole (such as a golf ball retriever)– to gently part insulation around rafter/wall connection to examine straps in low slope roofs

• Inspection Mirror

• Binoculars – for examining skylights from the ground

• Long sleeved shirt to protect skin from insulation in attic

• Dust mask and Hard Hat for use in attic

• Tyvec suit

• Digital camera

66

ATTACHMENT 7, IDENTICAL TIE RESPONSE CERTIFICATION

Preference shall be given to the vendor, in the event of identical tie bids, who (check the applicable block) certifies one or more of the following: _____A. The response is from a certified minority-owned firm or company; _____B. The response is from a Florida-domiciled entity; _____C . The commodities are manufactured, grown, or produced within this state; _____D. Foreign manufacturer with a factory in the State employing over 200 employees

working in the State; _____E. Businesses with drug-free workplace programs. Whenever two (2) or more solicitation Responses which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a solicitation Response received from a business that certifies that it has implemented a Drug-Free Workplace Program shall be given preference in the award process. Established procedures for processing tie solicitation Responses will be followed if none of the tied vendors have a Drug-Free Workplace Program. 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 solicitation a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under contract, the employee will abide by the terms of the statement 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, any employee who is so convicted.

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-selected requirements. (If item E above is selected, subsections “1” through “6” have been met.) Contractor’s Name: ___________________________________ Authorized Signature: ________________________________

67

ATTACHMENT 8, INVOICE FORMAT FOR WCES

WCE name

WCE address

INVOICE FOR PAYMENT NEW INSPECTIONS COMPLETED

Date of invoice: __________ TO: Department of Financial Services, 200 E. Gaines Street, Tallahassee FL 32399 Attn: [the Department will specify this entry at time of contract award] The Wind Certification Entity contractor named above submits this invoice for payment for wind inspections which the Contractor has completed and has provided results to the Department in accordance with the Contractor's contract with the Department. a. DFS contract #: _________ b. Total number of inspections billed under this invoice: _________ c. Unit price: _______ d. Total payment requested under this invoice: ____________ Contractor certification: a. No inspection billed for on this invoice has previously been included on any invoice submitted for payment by this Contractor to the Department. b. All inspections billed for on this invoice have been fully and properly completed in accordance with the requirements of the contract. c. Contractor submits to the Department in relation to this invoice an Excel spreadsheet in the format required by the contract, accurately identifying every home inspected and billed for under this invoice. The total number of homes listed on the attached Excel spreadsheet matches exactly the number of inspections billed under this invoice. Name and phone number of WCE staff member to call with questions: ___________________________________________________ Sincerely, _______________________ Signature of Contractor Representative

68

ATTACHMENT 9, FORMAT OF EXCEL FILE TO ACCOMPANY INVOICE FOR PAYMENTS

The spreadsheet shall be in Excel 2003 spreadsheet format. The spreadsheet shall be on a single Excel page. All data in the spreadsheet should match exactly the data in the Inspection Database. Cell contents: Cell A1 WCE name: Cell C1 [WCE name] Cell A2 WCE Address: Cell C2 [WCE address] Cell A3 Invoice date: Cell C3 [invoice date] Cell A4 DFS Contract #: Cell C4 [DFS contract #] Row 6 is a heading row for column labels, as follows: Cell a6 SRID Cell b6 OwnersNameFirst Cell c6 OwnersNameLast Cell d6 PropertyAddress Cell e6 City Row 7 is the data for the first inspection being billed for, with data corresponding to headings in row 6. Each subsequent row is another inspection being billed for in the invoice.

69

ATTACHMENT 10, SURVEY CHECKLIST FORM



70


ATTACHMENT 11, PROVIDER CONTRACT

HURRICANE MITIGATION WCE PROVIDER CONTRACT

THIS CONTRACT (“Contract”) is entered into by and between the State of Florida, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0300 (hereinafter referred to as "Department") or its successor, and ________________________ (hereinafter referred to as "Provider"), effective as of the last date executed below. WITNESSETH THAT: WHEREAS, the Department has determined that it is in need of certain services as described herein; and WHEREAS, the Provider, as an independent contractor of the Department, has the expertise and ability to faithfully perform such services. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Services and Deliverables. The Provider agrees to render services and deliverables as a Wind Certification Entity (WCE), as set forth in the Provider's accepted Proposal responding to Department Request for Proposals (RFP) for WCE services, RFP # DFS RFP 07/08-11. The Provider's performance shall be subject to all the terms, conditions, and understandings set forth in said RFP and the attachments to the RFP. In the event of conflict in language among any of the documents referenced above, the provisions and requirements of the Contract document and the RFP shall prevail over inconsistent provisions in the Proposal or other incorporated material. 2. Delivery Schedule. The services and deliverables required by Paragraph 1 above shall be delivered as required in the Provider's accepted proposal responding to the Department RFP for WCE services, RFP # DFS RFP 07/08-11__. The Provider's performance shall be subject to all the terms, conditions, and understandings set forth in said RFP and the attachments to the RFP. 3. Payment. 3(a) Payment shall be at the rate of $140 per properly completed and reported assigned Survey Inspection, and $140 per properly completed and reported assigned Grant Work Inspection. Payment shall be subject to all the terms, conditions, and understandings set forth in said RFP and the attachments to the RFP. 3(b) Vendor Rights Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, purchase orders or Contract specifies otherwise. An agency has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the date the invoice is received, after the goods or services are received, inspected and approved. The Department is to approve the invoice in the state financial system within twenty (20) days.

71

If a payment is not available within forty (40) days, a separate interest penalty, computed at the rate determined by the State of Florida Chief Financial Officer pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount to the vendor. To obtain the applicable interest rate, please refer to http://www.dbf.state.fl.us/interest.html. The interest penalty provision applies after a thirty-five (35) day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay of the payment. The invoice payment requirements do not begin until a properly completed invoice is provided to the agency with the proper taxpayer identification information documentation to be submitted before the prompt payment standards are to be applied. A Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be reached at (850) 413-5516. 3(c) Taxes The Department is exempted from payment of Florida state sales and use taxes and Federal Excise Tax. The Provider, however, shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by the Provider to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Provider shall not use the Department's exemption number in securing such materials. The Provider shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Contract. 3(d) Travel and per diem will not be reimbursed by the Department. 3(e) Payment Processing All charges for services rendered in accordance with Paragraphs 3 and 4 shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. All payments for professional services and authorized expenses, will be paid to the Provider only upon the timely and satisfactory completion of services and other units of deliverables such as reports, findings and drafts, which are required by Paragraphs 1 and 2 above and upon the written acceptance of said services and units of deliverables by the Department's designated contract manager. 3(f) Acceptance All of Contractor’ Deliverables related to these commodities or services shall be submitted to DFS’s contract manager for review and approval. The Department’s approval and inspection of Contractor’s services shall require no longer than five (5) working days from date of delivery of services, and fifteen (15) working days for delivery of documentary deliverables such as reports and procedures. DFS reserves the right to reject deliverables as incomplete, inadequate or unacceptable due in whole or in part to Contractor’s lack of satisfactory performance under the terms of this contract. DFS, at its option, may allow additional time within which Contractor may remedy the objections noted by DFS. (Modifies PUR 1000 ¶13) The Department reserves the right to reject deliverables as incomplete, inadequate or unacceptable due in whole or in part to Contractor’s lack of satisfactory performance under the terms of this contract. The Department, at its option, may allow additional time within which Contractor may remedy the objections noted by the Department and the Department may, after having given Contractor a reasonable opportunity to complete, make

72

adequate or acceptable said deliverables, including but not limited to reports, declare this Contract to be in default. Failure to use the appropriate technical requirements as identified in the Scope of Work will result in automatic task rejection and may not be invoiced or paid until correction of the task. 3(g) Contingency If the terms of this Contract extend beyond the current fiscal year, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 4. Termination. 4(a) The Department may cancel this Contract at any time for any reason upon the submission of a thirty (30) day prior written notice. If the Department cancels the Contract the Provider shall be paid only the amount due for deliverables which have been received and accepted by the Department and deliverables due within the time period stated in number two (2) above. Notwithstanding the above, the Provider shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any termination or breach of this Contract by the Provider. In the event this Contract is terminated, the Provider shall be reimbursed through the date of services rendered subject to any such damages.

4(b) The Department may unilaterally terminate this Contract in the event that the Department requests in writing that the Provider allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, which are made or received by the Provider in conjunction with this Contract, and the Provider refuses to allow such access. Provider shall comply with the record keeping standards of the Rules of the Department of State, Division of Library and Information Services, Florida Administrative Code Chapter 1B-24 and –26. If, in the judgment of the Department, the Provider for any reason fails to fulfill in a timely manner any obligations under this Contract, the Department shall have the right to terminate this Contract by giving at least five (5) days written notice by registered mail to the Provider of such termination, including the effective date of termination. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the Provider, its agents, servants, employees, and contractors, nor shall the Provider disclaim its own negligence to the Department or any third party.

4(c) The Department may terminate this Contract if the Provider commits any material breach of this Contract, i.e.: fails to timely deliver a material Deliverable; employs an unauthorized alien in the performance of the work; discontinues the performance of the work; fails to resume work that has been discontinued within a reasonable time after notice to do so; becomes insolvent or is declared bankrupt; makes an assignment for the benefit of creditors without the approval of Department; makes or has made an intentional material misrepresentation or omission in any materials provided to Department; fails to maintain the required insurance; or fails to provide the Department access to all documents, papers, letters, or other material subject to statutory provisions relating to the examination and inspection of public records that are made or received by Department in conjunction with this Contract. Should the Contractor default under the contract which default is not cured within fifteen (15) days of notice provided by the Department, the Contractor shall be liable to the Department for any expenses that the Department may incur in securing a substitute provider to assume completion of those services.

73

5. Disputes The provisions of PUR 1000 ¶31 are intentionally omitted and replaced with the following: Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and send a copy to the Contractor at a previously provided address. Jurisdiction for any dispute arising under the terms of the contract will be in the Courts of the State of Florida, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this contract. (modifies PUR 1000 ¶31).

6. Term and Renewal. This Contract shall begin upon execution and end one year thereafter. This Contract may be renewed, for a maximum renewal term through June 30, 2009 at the option of the Department. The compensation of the Provider shall be at the same rate during any such renewal, as during the initial contract period. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. 7. Contract Modification. This Contract may be amended only by a written agreement between both parties subject to the provisions of Chapter 287, Florida Statutes. 8. Miscellaneous. This instrument, the Provider's accepted proposal in response to the referenced RFP with all its attachments, embodies the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Contract supersedes all previous oral or written communications, representations or agreements on this subject. Any conflict between this Contract and any referenced or attached addendum the terms and conditions of this Contract shall take precedence and govern. This Contract shall be will be governed by and construed in accordance with the laws of the State of Florida. In all cases, venue shall be in Leon County, Florida. Provider is an independent contractor, and is not an employee or agent of the Department. All services contracted for are to be performed solely by the Provider and may not be subcontracted for or assigned except as indicated in the RFP and attachments to that RFP. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration if any attachment or this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and limitations of liability shall survive termination or expiration. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. The Provider agrees that no funds received by it under this contract will be expended for the purpose of lobbying the Legislature or a state agency pursuant to section 216.347, Florida Statues, except that pursuant to the requirements of Section 287.058(6), Florida Statutes, during the term of any executed contract between the Provider and the state, the Provider may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that contract

9. Statutory Notices. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Contract. An entity or affiliate who has been placed on the public entity crimes list or the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public

74

entity, and may not transact business with any public entity pursuant to limitations under Chapter 287, Florida Statutes. Nothing herein shall be construed as waiving the sovereign immunity of the State of Florida. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the Contractor, its agents, servants, employees, or contractors, nor shall the Contractor disclaim its own negligence to the Department or any third party.

10. Compliance with Federal, State and Local Laws. Provider and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, worker’s compensation, licenses and registration requirements. 11. MyFloridaMarketPlace The contractor shall comply with PUR 1000 paragraph 15.

12. Electronic Accessibility. When the agency is to develop, procure, maintain, or use electronic and information technology, they shall ensure that the electronic and information technology allows employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by employees who are not individuals with disabilities. These require, screen enlargement and voice output, or have built-in screen reader or, that the products support assistive technology; increase in volume and/or alter the tonal quality or increase the signal-to-noise ratio; if speech input one alternative input mode also; not require fine motor control or simultaneous actions. See 36 CFR Part 1194 based on Section 508 of the Rehabilitation Act Amendments, 29 USC Sec. 794 (see http://www.section508.gov). 13. State property disposition. Title to all property furnished by the Department under this Contract shall remain in the Department, and Contractor shall surrender to the Department all property of the Department prior to settlement upon completion, termination, or cancellation. All documentation and data shall become and remain the Department’s property upon receipt and acceptance. Contractor shall retain such records for the longer of (3) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedule.cfm). Inspection records will be retained for 2 anniversary years after the inspection/reinspection, other than photographs, which will be retained for 1 fiscal year. 14. Subcontracting In the event that the Contractor deems it necessary to subcontract portions of the services described herein, the Contractor assumes full responsibility for the acts of all subcontractors. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, agents performing work under the Contract must comply with all security and administrative requirements of the Department stated herein. 15. Nonexclusive Contract This procurement will not result in an exclusive license to provide the services described in this RFP or the resulting contract. The Department may, without limitation and without recourse by the Contractor, contract with other Vendors to provide the same or similar services.

75

http://www.section508.gov/

http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedule.cfm

16. Contract Administration. 16 (a) The Department contract manager is ___________ located at 200 East Gaines Street, Tallahassee, FL 32399-4203; Tel: (850)413-____ Fax: (850)922-3610; Email: ___________________________________ 16 (b) The Provider contract manager is _____________ located at ______________________ Phone:___________________; Fax:___________________; Email:_____________________________. 16 (c) All written and verbal approvals referenced in this Contract must be obtained from the parties' contract administrators or designees. Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified mail or receipted courier and shall be deemed received on the date received or the date of the certification or receipt. IN WITNESS WHEREOF, the Department of Financial Services and _____________ by their duly authorized representatives have executed this Contract. _______________________ ______________________ Provider Representative: Department of Financial Services Title: Chief of Staff or Designee Date: ________________________ Date: _________________________

76

ATTACHMENT 12, REGIONAL MAP



77


ATTACHMENT 13, INSPECTOR & OTHER STAFF CRIMINAL HISTORY AFFIDAVIT

Inspector and Other Staff’s Criminal History Affidavit (use ink only -- no pencil)

I, _________________________________________________________ (print name), the person whose signature appears below, do hereby attest under penalty of perjury, pursuant to section 435.04(5), Florida Statutes, that I have never been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, nor am I currently under charges regarding any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct. (b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct. (c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults. (d) Section 782.04, relating to murder.

(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child. (f) Section 782.071, relating to vehicular homicide.

(g) Section 782.09, relating to killing of an unborn quick child by injury to the mother.

(h) Section 784.011, relating to assault, if the victim of the offense was a minor.

(i) Section 784.021, relating to aggravated assault.

(j) Section 784.03, relating to battery, if the victim of the offense was a minor.

(k) Section 784.045, relating to aggravated battery.

(l) Section 784.075, relating to battery on a detention or commitment facility staff.

(m) Section 787.01, relating to kidnapping.

(n) Section 787.02, relating to false imprisonment.

(o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person. (q) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

(r) Section 790.115(2) (b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(s) Section 794.011, relating to sexual battery.

(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority. (u) Chapter 796, relating to prostitution.

78

(v) Section 798.02, relating to lewd and lascivious behavior.

(w) Chapter 800, relating to lewdness and indecent exposure.

(x) Section 806.01, relating to arson.

(y) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

(z) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(aa) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult

(bb) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult (cc) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony. (dd) Section 826.04, relating to incest.

(ee) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child

(ff) Section 827.04, relating to contributing to the delinquency or dependency of a child

(gg) Former s. 827.05, relating to negligent treatment of children

(hh) Section 827.071, relating to sexual performance by a child

(ii) Section 843.01, relating to resisting arrest with violence.

(jj) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication

(kk) Section 843.12, relating to aiding in an escape

(ll) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions. (mm) Chapter 847, relating to obscene literature.

(nn) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang (oo) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. (pp) 1Section 916.0175, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct (qq) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm (rr) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner

(ss) Section 944.47, relating to introduction of contraband into a correctional facility

(tt) Section 985.701, relating to sexual misconduct in juvenile justice programs

(uu) Section 985.711, relating to contraband introduced into detention facilities

________________________________ __________________ WCE Employee/Contractor Signature Date Notary State of _____________

County of ____________

79

The above signature was affixed or attested before me, the undersigned notary, by a person (check one) ___ personally known to me by the name shown above

___ identified to me by government photo driver license or other government photo ID showing the name affixed above.

Done this _____ day of ____________ 2008

Notary Seal

____________________

Notary signature

80

ATTACHMENT 14, WCE INSPECTOR RESOURCE MANUAL



81


ATTACHMENT 15, APPROVED FINGERPRINT PROCESSING FACILITIES



82


ATTACHMENT 16, CUSTOMER SERVICE COMPLAINT FORM



83


Request for Proposals

Documents

pur forms

forms pur

general instructions

general conditions

special instructions

special conditions

forms respondents

purchasing agent limitation