What are the responsibilities and job description for the Application Architect position at Abacus?

REQUEST FOR QUOTES (RFQ) DMS-23 / 24-086

4050 Esplanade Way

Tallahassee, FL 32399-0950

Ron DeSantis, Governor

Pedro Allende, Secretary

INFORMATION TECHNOLOGY (IT) STAFF AUGMENTATION SERVICES APPLICATION ARCHITECT

1.0OBJECTIVE

Pursuant to subsection 287.056(2) Florida Statutes (F.S.), the State of Florida, Department of Management Services (Department or DMS), issues this Request for Quotes (RFQ) under the following State Term Contract (STC) for Information Technology Staff Augmentation :

80101507-23-STC-ITSA

The following attachments are attached hereto and incorporated herein by reference. Should the Department select a quote for contract award purposes, this attachment will be required to be executed :

Attachment B - Confidentiality and Non-Disclosure Agreement

Note : There may be other non-disclosure type agreements that require execution by Contractor and its personnel.

2.0DESCRIPTION OF PURCHASE

The Department is seeking five (5) 1 Application Architects to provide services for a series of application development projects using the Microsoft Power Platform. These are new positions. The Candidate will work under the supervision of the Department's Application Development Administrator with the Microsoft Power Platform. Job No. 1220 Job Title : pplication Architect Level : Intermediate / Advanced No. of Positions : 5 nticipated Hours, per position : 2,000

1 The Department reserves its right to hire less.

3.0DEFINITIONS

Business Day : Any day in which normal business is conducted, typically Monday through Friday, excluding state-observed holidays.

Candidate : The State Term Contract Vendor's employee(s) that will perform the services outlined in this RFQ. "Candidate" is used interchangeably with "Vendor's employee," and / or "Vendor / Contractor personnel."

Contractor : The awarded State Term Contract Vendor that will provide the services outlined in this RFQ. (NOTE : The terms "Respondent", "Contractor" and "Vendor" may be utilized herein interchangeably).

Day : Calendar days, unless otherwise stated.

Purchase Order : The purchasing document memorializing and / or incorporating the terms and conditions of the purchase issued by the Department via Florida's eProcurement system. (Note : The terms "Purchase Order" and "Contract" are intended to be utilized interchangeably herein, although a purchase order is not "executed" by the parties.)

Project - A temporary endeavor undertaken to create a unique product, service, or result contemplated by this RFQ.

Response : Materials submitted by the Vendor in responding to this RFQ.

4.0TERM

The Department intends to enter into a Purchase Order (PO) as a result of this RFQ. The PO will start upon the PO issuance date, and have an anticipated end date of June 30, 2025.

The Department, at its sole option, may elect to renew this agreement. Any renewals shall be contingent upon, but not limited to, the following :

satisfactory performance of Vendor's employee, as determined by the Department;

availability of funds;

project completion; and / or

upon the expiration date of the State Term Contact of 09 / 30 / 27.

The Department anticipates renewing up to two (2) positions (only) for fiscal year 25 / 26 (07 / 01 / 25-06 / 30 / 26).

Renewal PO's may be issued monthly, quarterly, semi-annually or annually.

All PO's for the services resulting from this RFQ will be issued through MyFloridaMarketPlace (MFMP) on a fiscal year basis (July 1 - June 30).

5.0SCOPE OF WORK

To develop new business applications using the Microsoft Power Platform that are managed and maintained by the Department's Office of Information Technology. The scope of work for this project includes, but is not limited to, the following tasks :

5.1Application Requirements Gathering and Analysis

Meet with stakeholders to understand their needs and requirements for the new applications.

Document the requirements and analyze them to identify any gaps or conflicts.

Develop a plan for addressing any gaps or conflicts.

5.2Application Design and Development

Design the new applications using the Microsoft Power Platform.

Develop the applications using the Microsoft Power Platform tools and technologies.

Test the applications thoroughly to ensure that they meet all requirements.

5.3Cloud Hosting

Design the cloud architecture for the new applications, including necessary components such as virtual machines, load balancers, and databases.

Migrate the applications and their data to the cloud, ensuring that all data is securely transferred and available to users.

Test the migrated applications to ensure that they meet all requirements and that users can access them from anywhere, at any time.

5.4Training and Support

Develop training materials and provide training to users to ensure that they are familiar with the new applications and can use them effectively.

All training material developed shall be reviewed and approved in writing by the Department's Contract Manager prior to use.

Provide ongoing support to users to ensure that any issues or questions are addressed promptly.

5.5Application Architect Job Description

Position Overview

The Candidate shall provide technical capability, knowledge, industry

partnerships, experience, and expertise / proficiency required to design, code, modify, and support the Department's business application solutions.

5.5.2Key Areas of Responsibility

Writing clean, organized, and efficient code for web applications.

Creating user-friendly interfaces and responsive layouts that work across various devices and browsers.

Collaborating with designers, project managers, and clients to ensure applications meet their needs and expectations.

Troubleshooting and debugging code to fix issues and improve application performance.

Keeping up to date with emerging application development technologies and best practices.

Integrating third-party applications and APIs to enhance application functionality.

Testing web applications to ensure they function as intended and are error-free.

Implementing security protocols and measures to protect applications from potential threats.

Providing technical support and maintenance for applications post- launch.

Documenting code and processes to facilitate future maintenance and updates.

5.5.3Preferred Qualifications and Experience

Bachelor's degree in computer science, software engineering, or a related field.

Proven experience as an application architect with a strong portfolio of work.

Proficient in one or more programming languages such as Java, Python, C#, or JavaScript.

Experience with front-end technologies such as HTML, CSS, and JavaScript frameworks like React or Angular.

Experience with back-end technologies such as Node.js, ASP.NET, or Ruby on Rails.

Knowledge of database systems such as MySQL, MongoDB, or PostgreSQL.

Knowledge of Docker and the Microsoft Power Platform.

Strong analytical and problem-solving skills.

Excellent communication and collaboration skills.

5.5.4Skills and Competencies

Communication

Excellent verbal and written communication skills and the ability to interact professionally with a diverse group, executives, managers, and subject matter experts.

Ability to communicate technical matters clearly in Client terms for full comprehension by non-technical users.

Facilitation of team and client meetings.

Deliver informative, well-organized presentations.

Understands how to communicate difficult / sensitive information tactfully.

Seeks and participates in development opportunities above and beyond training.

b. Technical Understanding

The application architect should have a solid technical understanding of programming languages, software development frameworks, and database systems. They should be proficient in one or more programming languages such as Java, Python, C#, or JavaScript, and be able to write clean, efficient, and scalable code.

Additionally, the application architect should have experience with front-end technologies such as HTML, CSS, and JavaScript frameworks like React or Angular, as well as back-end technologies such as Node.js, ASP.NET, or Ruby on Rails. They should be familiar with database systems such as SQL, MySQL, MongoDB, or PostgreSQL, and understand how to design and manage databases.

The application architect should also have strong analytical and problem-solving skills, as they will be responsible for troubleshooting issues and identifying solutions to technical challenges. They should be able to work collaboratively with project managers, designers, and other stakeholders to ensure projects are delivered on time and within budget.

c. Problem Solving

Attention to detail.

Logical thinking.

Creativity.

Persistence.

Adaptability.

Collaboration.

d. Leadership

Generates enthusiasm among team members.

Challenges others to develop as leaders while serving as a role model.

Encourages process improvement and innovative change.

Trains other innovators through both formal and informal training programs.

e. Teamwork

Be the liaison between the business units, technology teams and support teams.

Facilitates effective team interaction.

Willingness to participate in all team roles.

f. Key Contacts

Develops relationships with staff and other Department contractors to foster client ties.

Communicates effectively with staff and other Department contractors at all levels to identify needs and evaluate solutions.

Continually seeks opportunities to increase customer satisfaction and deepen both user and other Department contractor relationships.

Maintains relationships with other external organizations through professional association links wherever possible.

5.6Meetings

Meetings

All meetings will be held either in-person at 4050 Esplanade Way, Tallahassee, Florida, or via Microsoft Teams or other agreed-to video conferencing method.

The Contractor shall meet with the Department within five (5) business days of PO issuance to discuss the services contemplated by this RFQ, Department resources required by the Contractor and timeline of events.

Recurring or progress meetings may be held as necessary. Either party may request such a meeting, subject to reasonable notice. Contractor shall not be entitled to additional compensation for meeting preparation, attendance, or travel.

Meeting Minutes

The Contractor will provide meeting minutes to the Department within 72-hours after each meeting held irrespective of type of meeting held. Minutes will be sent via email to the Department. Minutes shall include, at a minimum, the following :

List of all attendees;

Invitees not present;

Information shared during the meeting;

Action items, with due dates and owners;

Document required decisions made and / or to be made; and

Action items completed from the previous week(s).

5.7Reports

Weekly Reports

At the Department's request, the Contractor shall submit a report that includes, but is not limited to, the following :

Activities the Vendor's personnel worked on during the week;

Identification of the Vendor's personnel service work hours rendered for each task and / or activity; and

Upcoming major activities.

This report shall be due to the Department's Contract Manager by or before 5 p.m., EST, on Friday.

Monthly Reports

The Monthly Report shall be submitted by the Contractor and include, at a minimum, the following information :

Activities the Vendor's personnel worked on during the month;

Identification of the Vendor's personnel service work hours rendered for each task and / or activity; and

Upcoming major activities.

This monthly report shall be due to the Department's Contract Manager by or before the 5 th day of the following month by 5 p.m., EST.

Ad-hoc Reports

Prepare any other reports the Department's Contract Manager may need on a daily, weekly, or monthly basis, as deemed necessary. Each of these reports will be due within two (2) business days (unless otherwise agreed upon by both Parties), upon written request of the Department's Contract Manager.

Department Review of Reports

The Department shall have seven (7) business days for initial review of any report provided, and for provision of notice to the Vendor that the draft report has either been accepted or rejected. If the draft report is rejected, the written notice will include the reason(s) for rejection.

The Vendor shall have seven (7) business days after receipt of notice of rejection to address the Department's concerns and resubmit the report.

At the end of this period, the Department will have three (3) business days to either approve or reject the resubmitted report.

If necessary, for good cause shown, the Department and the Vendor may mutually agree to extend the above stated timeframes, in writing, regarding review of any report.

The Contractor should take into consideration the anticipated number of days involved review to ensure timely submission of any final report.

5.8Work Hours / Location

Work Hours

Work hours shall be from 8 a.m. - 5 p.m., Monday through Friday, 40-hours a week. Alternate work schedules are subject to prior approval by the Department's Contract Manager.

Location

The Vendor's employee is expected to work onsite at 4050 Esplanade Way, Tallahassee, Florida. Telework may be considered with advance notice and approval from the Department's Contract Manager.

The Contract Manager reserves the right to increase / decrease hours as deemed necessary. Hours may be adjusted based on the status or urgency of the the project or budget limitations. Should hours need to be adjusted, prior written notification shall be provided to the Contractor's employee.

5.9Timesheets

Timesheets shall be submitted in accordance with the requirements set forth in this section.

The Vendor shall provide personnel timesheets evidencing the number of hours worked weekly for each employee engaged on the project, with a brief explanation of the performed work for each entry. The timesheet must be signed by the employee and approved by the Contractor. Time shall be billed in 6 minutes increments with sufficient detail for audit.

In the event of a discrepancy between the hours shown on the Timesheet and / or Weekly Report, the hours determined by the Department will prevail.

The Monthly Report and Vendor personnel timesheets must be submitted to the Department's Contract Manager within five (5) days of the last day of each month. The Monthly Report will be approved by the Contract Manager only after a review of all completed tasks and / or activities to verify that each task or activity has been timely delivered and was performed in a satisfactory manner.

5.10Department Responsibilities

To assist the Contractor in ensuring that services are delivered as required under the Contract, the Department will provide or perform the following :

Provide the Contractor with any required assistance (e.g., data requests, information resources, direction, etc.).

Provide deliverable due dates, in advance, in writing, when required or in absence thereof.

Issue financial consequences, as required, and provide a copy of any formal notices imposing financial consequences to the Department's Contract Administrator;

Review and approve all deliverables, in writing;

Process all completed invoices and record all payments;

Monitor and evaluate the Contractor's performance, as required, during the Contract term and the Contractor's overall performance at the conclusion of the Contract;

Timely review of all documents submitted by the Contractor. Notify the Contractor by e-mail of all approvals, or reason(s) for rejection, corrections and / or revisions required, and timeframe for completion.

6.0DELIVERABLES

The Vendor shall submit deliverables in accordance with the Deliverables Table, below, which shall be approved by the Contract Manager in writing, prior to payment. Deliverable due dates may be extended, if applicable, upon prior, written approval of the Department. Deliverable Completion Due Date Service hour(s) in accordance with Section 5, Scope of work. In accordance with directives provided by the Department's Contract Manager.

7.0PERFORMANCE STANDARDS AND FINANCIAL CONSEQUENCES

The Department has developed the following performance standards which shall be met by the Vendor in performance and delivery of services. The Department reserves the right to impose financial consequences upon the Vendor for failure to comply with the performance standard requirements as set forth in the chart below. No. P erformance Standard Financial Consequences 7.1 Service hours shall be satisfactorily performed as determined by the Department. The Vendor shall re-perform any work deemed not satisfactory until the work is satisfactorily performed, at no additional cost to the Department, within the timeframe

established by the Department. 7.2 The Vendor shall comply with the requirements of the Purchase Order, which includes this RFQ. For any invoice submitted during the period of noncompliance or requesting payment for services or events deemed noncompliant, the amount of one (1) time the service hourly rate(s) of each Vendor employee assigned to the Purchase Order will be assessed against the Vendor. This amount shall be reflected as a credit on each invoice related to the non-compliance submitted to the

Department. 7.3 Development and implementation of a new business applications developed using the Microsoft Power Platform. $50.00 per day, for each business day, past the due date, until provided. 7.4 Documentation of the new applications and cloud migration process. $50.00 per day, for each business day, past the due date, until provided. 7.5 Training Materials $50.00 per day, for each business day, past the due date, until provided. 7.6 Meeting minutes in accordance with Section 5.6.2. $50.00 per day, for each business day, past the due date, until provided. 7.7 Weekly reports in accordance with Section 5.7.1. $50.00 per day, for each business day, past the due date, until provided. 7.8 Monthly reports in accordance with Section 5.7.2. $50.00 per day, for each business day, past the due date, until provided. 7.9 The Consultant shall provide Ad Hoc reports in accordance with Section 5.7.3. $50.00 per day, for each business day, past the due date, until provided. 7.10 Timesheet submission in accordance with Section 5.9. $50.00 per day, for each business day, past the due date, until provided.

8.0PAYMENT SCHEDULE

The Contractor shall submit invoices monthly for the previous month. Each invoice must have the previously approved timesheet(s) attached. The invoice must be submitted to the Department with detail sufficient for a proper pre-audit and post-audit. The invoice must be submitted in the first seven (7) calendar days of the month.

The Department will pay invoices submitted by the Contractor in accordance with the provisions of section 215.422, Florida Statutes, which shall govern the rights and obligations of the Department and the Contractor. The Department will pay the Contractor monthly in arrears. Payment shall be based on completion of the deliverables pursuant to Section 5.0, Deliverables.

The invoice shall include at a minimum :

Copies of approved timesheets,

The Contractors invoice number,

Invoice date,

The hourly rate as identified in the ttachment A, Price Sheet ,

The Department PO number,

State Contract Number, and

Contractor's Federal Employer Identification Number.

The total amount invoiced in any fiscal year (July 1 through June 30) is limited to the total amount of the purchase order provided. Charges above the amount of the purchase order, adjusted by any change order, will not be permitted nor reimbursed without the Department's consent.

9.0RESPONSE CONTENT

Vendor Quotes shall be concise, in an electronic Adobe PDF format and shall be prepared using the following outline as one complete Adobe PDF document (unprotected).

Cover Letter

The cover letter should identify the following information :

Vendor or Vendor's representative and contact information.

Awarded state term contract number.

A statement that the proposed Candidate(s) immigration status has been verified, if applicable, and is available to work for the duration of the resultant PO.

Proposed Candidate's city and state he / she currently resides in.

A statement identifying any subcontractors that shall be utilized. If none, a statement to that effect. Note that subcontractors shall be subject to Departmental approval. Approval may be subject to conditions required by the Department, including but not limited to, the subcontractor's execution of a NDA (Attachment C), and proof of insurance.

A statement that the Vendor's quote is valid no less than 180-days.

A statement that the Vendor's quote can be released to the public, should a redacted copy of the quote not be provided, pursuant to Section 9.7, below.

Resume

Provide a resume for each proposed Candidate.

Candidate References

Provide a minimum of three (3) references, for each proposed Candidate, where similar services were / are provided. Provide the following information on each reference :

Organization name;

Contact name, number, and email address;

Project name and description;

Project dates; and

Brief description of the Project.

Price Sheet

Provide pricing as specified on ttachment A - Price Sheet , and as described in

Section 13.0, Price , of this RFQ.

Exhibit E - Self Certification Form

The Contractor shall submit a signed Resume Acknowledgement Form (Exhibit E of STC No. : 80101507-23-STC-ITSA) for each proposed Candidate.

Additional Information

Include any additional information that may be relevant to this RFQ, as determined by the Vendor (e.g., adds value to Section 5.0, Scope of work ).

Redacted Response

If the Vendor considers any part of its response to this RFQ confidential it shall provide the Department with a copy of its response with such confidential information redacted and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

The redacted response must be accompanied by the original response to the Department on the time / date specified in Section 10.0, Timeline .

The Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret, or otherwise not subject to disclosure.

The Vendor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to the Vendor's determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

If the Vendor fails to submit a redacted response with its original response, the Department is authorized to produce the entire documents, data, or records submitted by the Vendor in answer to a public records request for these records.

In response to this RFQ, the Vendor shall submit one (1) quote by the date and time specified in Section 10.0, Timeline , or as amended. Late quotes will not be accepted.

Interested Contractors should submit their quote via email to : dms.purchasing@dms.fl.gov

10.0REQUEST FOR QUOTES TIMELINE

Event Date Release of the RFQ 03 / 07 / 24 Vendor Questions Due via email to the Procurement Officer 03 / 12 / 24 by 5 p.m. nswers to Vendor Questions 03 / 18 / 24 Responses Due via email to the Procurement Officer 03 / 22 / 24 by 5 p.m. nticipated Announcement of Vendor Selection 04 / 08 / 24 nticipated Purchase Order Start Date TBD

QUESTIONS TO THE PROCUREMENT OFFICER

Questions regarding this RFQ shall be submitted via email to the Procurement Officer identified below.

Christina Guerra

Department of Management Services 4050 Esplanade Way, Suite 260

Tallahassee, FL 32399-0950 DMS.Purchasing@dms.fl.gov

ll emails to the Procurement Officer should include "RFQ No. DMS-23 / 24-086" in the subject line.

12.0SELECTION OF AWARD

The Department intends to select a Contractor for this RFQ that provides the overall best value to the State. The Department will consider all aspects of submitted responses when making an award recommendation, including the proposed staff experience, availability, references, price.

Evaluation of responses, interviews conducted, if any, are not scored. Feedback for non-selection or feedback on response contents will not be provided. Use of a RFQ does not constitute a decision or intended decision that is subject to protest under subsection 120.57(3), F.S.

Should the awarded Contractor's employee not commence services for the Department, the Department may allow the Contractor to propose a new Candidate. Otherwise, the Department may resolicit the services.

When creating PO(s) for the selected Contractor on this RFQ, the Department will attach to the PO a completed and signed Contractor Selection Justification Form for each Candidate included in the PO.

13.0PRICE

Vendor shall provide hourly rates utilizing Attachment A - Price Sheet.

Hourly rates quoted must be at or below the rate identified Section 2.0.

The Response shall include the name and job title of personnel assigned to the project.

If proposing more than one Candidate, complete one Attachment A - Price Sheet for each proposed Candidate.

Quotes are to be submitted for all services included in Section 5.0, Scope of Work , exclusive of travel expenses. Travel expenses will be reimbursed in accordance to Chapter 112, F.S., and must be approved by the Department in advance of travel actually occurring.

Quotes and attachments hereto will become the exclusive property of the State of Florida and will not be returned. Any cost incurred in the preparation of the proposal will be borne solely by the Vendor without reimbursement by the Department.

14.0CONTRACT MANAGER

The Department's Contract Manager who will oversee the vendor's performance of its duties and obligations pursuant to the terms of any resultant PO and serve as a liaison with the vendor will be as follows :

Richard Evans

Florida Department of Management Services 4030 Esplanade Way

Tallahassee, FL 32399

Email : richard.evans@dms.fl.gov

In the event that the Department changes the Contract Manager, the Department will notify the vendor in writing via email.

15.0REPLACEMENT OR DISCONTINUATION

If the contract staff assigned to the Department to perform the services under the PO resulting from this RFQ is not available to perform the services, other than for leave approved in advance in writing, by the Department, the Contractor shall replace the contract staff within thirty (30) days after their last day worked, with a qualified employee that meets the qualifications outlined in the specified position exhibit to this RFQ. The qualified replacement employee shall be either approved or rejected by the Department within ten (10) working days of receipt of a resume from the Contractor.

The Department may at any time discontinue services of any contract staff selected under a PO as a result of this RFQ, by providing the Contractor with fourteen (14) days written notice or, in the case of termination for cause, with written notice to the contractor.

16.0BACKGROUND SCREENING AND SECURITY REQUIREMENTS

16.1Background Check

In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will conduct a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees or other person, hereinafter referred to as "Person" or "Persons," operating under their direction who directly perform services under the Contract, whether or not the Person has access to State of Florida Data, as well as those who have access, including indirect access, to State of Florida Data, whether or not they perform services under the Contract. The Contractor warrants that all Persons will have passed the Background Screening described herein before they have Access to Data or begin performing services under the Contract. The lookback period for such background screenings will be for a minimum of six (6) years where six (6) years of historical information is available.

Access" means to review, inspect, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any data, regardless of type, form, or nature of storage. Access to a computer system or network includes local and remote access.

Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions, whether it is exempt, confidential, or personal health information. Data may be in any form, including but not limited to, storage media, computer memory, in transit, presented on a display device, or in physical media such as paper, film, microfilm, or microfiche. Data includes the original form of the Data and all metadata associated with the Data.

The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard :

Social Security Number Trace; and

Criminal Records (Federal, State and County criminal felony and misdemeanor, national criminal database for all states which make such data available).

16.2E-Verify

The Contractor must use the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its Client Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in Client E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https : / / www.e-verify.gov. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number.

16.3Disqualifying Offenses

If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's

determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows : (a) Computer related crimes; (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft.

16.4Confidentiality and Non-Disclosure Agreement and Business Associate Agreement

The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. Purchase order issuance, access to data, and contract payment may be condition upon Vendor and / or subcontractor's execution of non-disclosure and business associate agreements, as provided by the Department. Failure to timely execute requested confidentiality agreements may result in purchase order / contract termination.

17.0USE OF SUBCONTRACTORS

In providing services under the PO(s) and any applicable contract, the Contractor is permitted to utilize subcontractors identified in its Quote. The Contractor shall notify the Contract Manager specified on the PO in writing of any subcontractors not identified in the Contractor's Quote who will be engaged to provide services for a PO 10 calendar days prior to their engagement. During the term of the PO, subcontractors may be substituted with the prior written approval of the Contract Manager specified on the PO. The Purchaser reserves the right to reject a subcontractor with 10 calendar days advance notification to the Contractor.

The Contractor is fully responsible for the satisfactory completion of all subcontracted work and is required to ensure subcontractor's adherence to the terms set forth any PO.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Purchaser, per section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1 / 2) of one percent (1%) of the amount due, per Calendar Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

18.0COOPERATION WITH INSPECTOR GENERAL

Pursuant to section 20.055(5), F.S., Contractor, and its subcontractors (if any), understand and will comply with their duty to cooperate with the Department's or any Purchaser's Inspector General in any investigation, audit, inspection, review, or hearing.

19.0DATA SECURITY

The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data, ensuring data is stored and secured when not in use, and ensuring State of Florida data is encrypted in transit and at rest. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one calendar day. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all state and federal rules and regulations regarding security of information.

20.0PUBLIC RECORDS AND DOCUMENT MANAGEMENT

The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2)(a), Florida Statutes, for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), Florida Statutes, the following applies :

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Pursuant to section 119.0701(2)(b), Florida Statutes, for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), Florida Statutes, the Contractor shall :

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

Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.

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

Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public

records upon completion of the Contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. In the event that the Contractor receives a public records request, the Contractor must refer the public records request to the Department. The Contractor must otherwise comply with the requirements of the purchase order in responding to public records requests.

18.1Document Management

The vendor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. vendor must retain all documents related to the Contract for five (5) years after the expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website.

18.2Scrutinized Companies - Termination by the Department

The Department may, at its option, terminate the Contract if the vendor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

21.0LEGISLATIVE APPROPRIATION

Pursuant to section 287.0582, Florida Statutes, the State of Florida's performance and obligation to pay under the resulting PO is contingent upon an annual appropriation by the Legislature.

22.0MODIFICATIONS

The Department reserves the right to change, add or delete any requirement from this RFQ if the Department deems it to be in the best interest of the State of Florida. In addition, the Department reserves the right to withdraw and / or cancel this RFQ at any time, prior to a duly authorized and executed PO.

23.0CONFLICT OF INTEREST

It is essential that the vendor and any subcontractors are independent and impartial and that the implementation of decisions made as it relates to consultation and services is not used for private gain or other remuneration. Fees earned relating to this agreement will be limited to the PO(s) issued from this RFQ.

24.0ADDITIONAL TERMS AND CONDITIONS

Purchase Orders resulting from this RFQ will include the following Attachments which set forth the entire understanding of the Parties and supersede all prior agreements. All Attachments listed below will be incorporated in their entirety into, and form part of each Purchase Order. The PO(s) issued from this RFQ will also be subject to the DMS Purchase Order Terms and Conditions which can be viewed at the following link : https : / / www.dms.myflorida.com / business_operations / state_purchasing / myfloridamarketp lace / mfmp_agency_customers / po_terms_conditions

If a conflict exists between the documents, the hierarchy will be as follows :

This RFQ (including any addenda and Department answers to vendor questions).

State Term Contract number 80101507-23-STC-ITSA.

The DMS PO Terms and Conditions.

The Vendor's response to this RFQ.

All documents listed above will be incorporated into, and form part of, the PO.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

4050 Esplanade Way

Tallahassee, FL 32399-0950

Ron DeSantis, Governor

Pedro Allende, Secretary

ATTACHMENT A - PRICE SHEET

I.Not-to-Exceed Total Price

Vendor's Not-to-Exceed Total Price for providing all the services identified in the RFQ : Total : $

Job Titles and Hourly Rate

Job No.

1220

Job Title :

pplication Architect Level

Intermediate or Advance) : Proposed Candidate Name 2 : Hourly Rate

Not to exceed $85.67) :

Hours :

2,000

Total Price : Vendor Name :

Person Submitting Quote :

Signature :

Date :

2 One price sheet, per Candidate, if proposing more than one (1).

Page 20 of 25

ATTACHMENT B

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT BETWEEN

FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND

VENDOR)

This Confidentiality and Non-Disclosure Agreement ( "Agreement") is between the Florida Department of Management Services ( "Department"), a state agency, and (Vendor) ( "Recipient"), referred to herein collectively as the "Parties" and individually as "Party."

WHEREAS, Recipient has or will enter into a Purchase Order or Agency Term Contract under Request for Quote No. DMS-23 / 24-086, ( "Solution");

WHEREAS, in furtherance of providing these services and / or commodities, Recipient may access, receive, or create Confidential Information from the Department or any third party beneficiaries; and

WHEREAS, the Department maintains certain protections on such Confidential Information and desires to set forth the terms Recipient is required to adhere to.

NOW THEREFORE, for the mutual and valuable consideration acknowledged by both Parties, the Parties agree as follows :

1.Definitions.

Access : Means the ability or authorization to create, inspect, transmit, approach, instruct, communicate with, store, retrieve, or otherwise make use of any Confidential Information, regardless of type, form, or nature of storage. "Access" to a computer system or network includes local and remote access.

Affiliates : Any agents, affiliates, partners, subcontractors, resellers, distributors, dealers, or other entities associated with Recipient that have Access to the Confidential Data.

Agreement-related Materials : Materials created or provided by Recipient while performing the Agreement.

Confidential Information : Information that is restricted from public disclosure based on federal or State laws and regulations including, but not limited to, those related to privacy, confidentiality, security, personally identifying information, personal health, business or trade secret information, and other information exempt from state public records law. "Confidential Information" includes information disclosed, orally or otherwise, before, on, or after this Agreement effective date by the Department to Recipient, and whether or not marked, designated, or otherwise identified as "confidential." Any information derived from Confidential Information and / or created by Recipient pursuant to this Agreement which must be restricted from public disclosure based on federal or State laws and regulations shall be considered Confidential Information subject to the restrictions set forth in this Agreement.

Specifically, Recipient will receive and may create or learn of information which include network schematics, hardware and software configurations, or encryption,

or which identify detection, investigation, or response practices for suspected or confirmed IT security incidents, including suspected or confirmed breaches, the disclosure of which would facilitate unauthorized access, modification, disclosure, or destruction of information, IT resources, or information relating security, which are confidential and exempt from public disclosure pursuant to section 282.318(5), Florida Statutes (F.S.).

Customer : Agencies as defined in section 287.012, Florida Statute (F.S.), and Eligible Users as defined in Rule 60A-1.001, Florida Administrative Code (F.A.C.).

State : The State of Florida.

Term and Termination. This Agreement is effective upon signature by both Parties. This Agreement may be terminated by the Department when determined to be in the best interest of the State of Florida by providing Recipient with advance written notice.

Intended Third Party Beneficiary. Customers receiving services under the Solution are intended third party beneficiaries of this Agreement, entitled to enforce any rights hereunder for their benefit.

Confidential Information Use. Use of the Confidential Information shall be limited to the provisions set forth herein and to the extent necessary to provide the services and / or commodities. The Department retains full rights and title to all Confidential Information provided by it, and any information derived therefrom. Recipient has no ownership rights to the Confidential Information provided under this Agreement, or any information derived therefrom.

Recipient Obligations. Recipient shall : 1) maintain the confidentiality of all the Confidential Information pursuant to this Agreement, as required herein, 2) comply with all federal and State laws and regulations related to information privacy and security, and 3) ensure that any Affiliates comply with the preceding two requirements as to any Confidential Information shared with or otherwise Accessed by the Affiliate. Recipient shall take all measures necessary to protect against improper Access to and / or disclosure or theft of the Confidential Information and will ensure only those individuals performing services contemplated in this Agreement will be permitted to Access the Confidential Information. Recipient shall perform the following measures to preserve the privacy, security, confidentiality, integrity, and accessibility of the Confidential Information which includes, but is not limited to :

Using the Confidential Information only to provide services and / or commodities as contemplated in this Agreement and not otherwise using the Confidential Information for Recipient's own benefit or the benefit of others, or in violation of any applicable laws or regulations;

Not creating derivative works based upon the Confidential Information, copying the Confidential Information, or publishing or disclosing the Confidential Information to any individual or entity except in accordance with this Agreement;

Implementing and maintaining protective administrative, technical, and organizational security measures appropriate to the nature of the Confidential Information to safeguard against unauthorized Access, disclosure, or theft of the Confidential Information;

Maintaining the confidentiality of the Confidential Information under this Agreement in accordance with Department policies and procedures and applicable State and federal laws and regulations;

Storing and safeguarding the Confidential Information in a physically and electronically secure location where Access is limited to authorized persons;

Maintaining an up-to-date list of individuals who are authorized to Access the Confidential Information;

Instructing and requiring all individuals authorized to Access the Confidential Information to adhere to the confidentiality requirements set forth in this Agreement prior to being granted Access to the Confidential Information;

Not allowing, through action or inaction, any Confidential Information to be sent by any medium, transmitted, or to be Accessed outside of the United States. For the purposes of this restriction, "Access" does not include remote support sessions for devices that might contain the Confidential Information; however, during the remote support session the Department requires Recipient to escort the remote support access and maintain visibility of the actions taken during the remote support access. Requests for remote access will be submitted to the Department's Contract Manager. With approval, third parties may be granted time-limited terminal service access to information technology resources as necessary for fulfillment of related responsibilities. Remote connections are subject to detailed monitoring via two-way log reviews and the use of other tools; and

Performing all actions necessary to assist with all tasks in furtherance of the Department's efforts to comply with the obligations under Chapters 60FF and 60GG, Florida Administrative Code, as applicable.

Liability. By signing this Agreement, Recipient acknowledges Recipient shall be responsible and liable for the acts and omissions of any of Recipient's employees and / or the Affiliate(s) that result in a violation of this Agreement as if such acts or omissions were Recipient's acts or omissions. Recipient represents that it will enter into a written agreement with an Affiliate with Access to Confidential Information wherein it shall require the Affiliate agree to be bound by and adhere to the terms of this Agreement.

Notice of Breach. Recipient must notify the Department as expeditiously as practicable, but in all instances no later than within one (1) business day, in the event Recipient discovers any incident that involves, or which Recipient reasonably believes may involve, a breach of the Confidential Information which includes any unauthorized Access to or disclosure of the Confidential Information and / or which compromises the security, integrity, or confidentiality of the Confidential Information. Additionally, if the Department or Customer shares with Recipient information that is covered by section 501.171, F.S., Recipient is responsible for fulfilling all applicable requirements of section 501.171, F.S., including those that would otherwise be the responsibility of the Department or Customer. Recipient agrees to provide the Department and applicable Customers with all details associated with all breaches or suspected breaches and to work with the Department or the applicable Customer to investigate and resolve any breach, implement any necessary remedial measures, and perform all tasks to ensure full compliance with section 501.171, F.S., including, where applicable, providing any breach notifications to comply with this statutory requirement.

Indemnification. Recipient shall defend, indemnify, and hold harmless the Department, the Customer, and the State against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, in connection with any third-party claim, suit, action, or proceeding arising out of or resulting from a violation of any obligation set forth in this Agreement by Recipient (including its employees) or its Affiliates. The Agreement does not constitute a waiver of sovereign immunity or consent by the Department, Customers, or the State or its subdivisions to suit by third parties. The obligations of this paragraph shall survive the Agreement.

Contractual Remedies. Recipient acknowledges that a breach of this Agreement, including disclosure of any of the Confidential Information, will cause irreparable injury to the Department or the Customer and will entitle the Department or the Customer, if applicable, to liquidated damages commensurate with the Department's or the Customer's internal staffing and administrative costs associated with addressing the breach. This will not preclude the Department or the Customer from recovering other damages it may suffer as a result of such a violation or seeking other legal remedies that may be available during or after the Agreement term, including obtaining injunctive relief against the breach or threatened breach of these Agreement terms.

Data Destruction. Prior to the termination of this Agreement, Recipient shall assist the Department or the applicable Customer in exporting and extracting or destroying, at the Department's or the applicable Customer's direction, all information obtained from the Department or the applicable Customer by Recipient or created for the Department or the applicable Customer by Recipient pursuant to this Agreement at no cost, in a format acceptable to the Department or the applicable Customer without the need to purchase additional services and / or commodities. Additionally, when the Agreement is terminated, Recipient shall transfer to the Department, or the Customer as applicable, all such information in all its forms from the Department or the applicable Customer and shall destroy duplicate records in accordance with section 501.171(8), F.S., and, if applicable, section 119.0701, F.S. This obligation to transfer and destroy information survives the term of this Agreement.

Recipient shall adhere to established information destruction standards, such as those established by the National Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2014), in destroying duplicate information provided by the Department or the applicable Customer. See Recipient shall provide the Department, or the Customer as applicable, with written confirmation of destruction of Confidential Information in accordance with these standards. If Recipient is permitted by the Department or the applicable Customer to keep Confidential Information upon termination of this Agreement, Recipient shall continue to protect and maintain the confidentiality of the Confidential Information in accordance with applicable State and federal laws, rules, and regulations and such obligations set forth herein shall survive this Agreement.

Severability and Waiver. If a court of competent jurisdiction deems any term or condition of this Agreement void or unenforceable, the other provisions are severable to that void provision, and will remain in full force and effect. However, to the fullest extent permitted by law, this Agreement shall be construed as if the scope or duration of such provision had been more narrowly drafted so as not to be invalid or unenforceable.

The delay or failure by the Department or the Customer to exercise or enforce any of its rights under this Agreement shall not constitute a waiver of such rights.

Governing Law and Venue . The laws of the State of Florida govern the Agreement. The Parties submit to the jurisdiction of the courts of the State exclusively for any legal action related to the Agreement which arises during or after the Agreement term. Further, Recipient hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. Recipient hereby submits to venue in the county chosen by the Department or the applicable Customer.

Entire Agreement. This Agreement contains the entire understanding of the Parties regarding the matters set forth herein and shall supersede any prior negotiations or agreements, whether written or oral, with respect thereto.

IN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Agreement and have duly authorized their respective representatives to sign it on the dates indicated below.

FLORIDA DEPARTMENT CONTRACTOR NAME : OF MANAGEMENT SERVICES

Name : Name : Title : Title :

Date : Date :

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Salary : $86

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