CN-550000-BDV62.pdf

RFP-DOT-12/13-6131DS

State of Florida

Department of Transportation

CONTRACT# BDV62

TO PROVIDE PUBLIC COMMUNICATIONS CONSULTING

SERVICES ON DISTRICT SIX CONSTRUCTION

PROJECTS ON MIAMI BEACH AND SURROUNDING

AREAS FOR THE FLORIDA DEPARTMENT OF

TRANSPORTATION (FDOT).

PROCUREMENT NUMBER: RFP-DOT-12/13-6131DS

FINANCIAL PROJECT NUMBER: 411463-3-62-01

The completed agreement for this project includes the following documents:

CHECK OFF

EACH THE

FOLLOWING

ITEM # DESCRIPTION

COVERSHEET

STANDARD WRITTEN AGREEMENT, FORM # 375-040-19

(requires execution)

REQUEST FOR PROPOSAL

EXHIBIT “A”, SCOPE OF SERVICES

ATTACHMENT 1 TO EXHIBIT “A”, SCOPE OF SERVICES

ALLOWABLE WAGE RATES

EXHIBIT “B”, PRICE PROPOSAL

EXHIBIT “C”, METHOD OF COMPENSATION

EXHIBIT “D”, INFINITE SOURCE COMMUNICATIONS GROUP TECHNICAL

PROPOSAL

(will be submitted with executed contract documents)

TERM

Initial Term. This Agreement shall begin on date of execution and shall remain in full force and effect through completion of all services required or , whichever occurs first. Subsequent to the execution of this Agreement by both parties, the services to be rendered by the Vendor shall commence and be completed in accordance with the option selected below. (Select box and indicate date(s) as appropriate):

Other: See Exhibit "A"

Services shall commence upon written notice from the Department's Contract Manager and shall be

Services shall commence and shall be completed by or date of termination, whichever occurs first.

completed by or date of termination, whichever occurs first.

RENEWALS (Select appropriate box):

EXTENSIONS. In the event that circumstances arise which make performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department shall review the request and make a determination as to granting all or part of the requested extension.

COMPENSATION AND PAYMENT

Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida Statutes.

If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.

The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, shall be submitted in accordance with Section 112.061, Florida Statutes, and Chapter 3

- Travel, Department's Disbursement Operations Manual, 350-030-400.

This Agreement may not be renewed.

This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement.

2.

A.

B.

C.

3.

A.

B.

C.

D.

E. Vendors providing goods and services to the Department should be aware of the following time frames.

Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein. The Department 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 latter of the date the invoice is received or the goods or services are received, inspected and approved.

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three years after Notice to Proceed three (3) years thereafter

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1%), which the Vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the transaction fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1.031 (2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchase of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor.

Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees.

VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM

CONDUCTING FUTURE BUSINESS WITH THE STATE.

Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.

INDEMNITY AND PAYMENT FOR CLAIMS

INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Agreement.

It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.

PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the Agreement. The Department's final acceptance and payment does not release the Vendor's bond until all such claims are paid or released.

F. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

G.

I.

J.

4.

A.

H. A vendor ombudsman has been established within 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 contacted at (850) 413-5516.

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B.

C. WORKERS' COMPENSATION. The Vendor shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law.

D. PERFORMANCE AND PAYMENT BOND. (Select as appropriate):

Prior to commencement of any services pursuant to this Agreement and at all times during the term

No Bond is required.

hereof, including renewals and extensions, the Vendor will supply to the Department and keep in force a bond provided by a surety authorized to do business in the State of Florida, payable to the Department and conditioned for the prompt, faithful, and efficient performance of this Agreement according to the terms and conditions hereof and within the time periods specified herein, and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefor.

E. CERTIFICATION. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida.

The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law.

5. COMPLIANCE WITH LAWS

A. The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department.

B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Department's Contract Manager and securing prior written consent. The Vendor also agrees that it shall not publish, copyright, or patent any of the data developed under this Agreement, it being understood that such data or information are works made for hire and the property of the Department.

C. The Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement.

D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential.

LIABILITY INSURANCE. (Select and complete as appropriate):

insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with a combined bodily injury limits of at least $ per person and $ each occurrence, and property damage insurance of at least each occurrence, for the services to be rendered in accordance with this

Agreement.

with this Agreement in the amount of $ .

insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording liability coverage for the professional services to be rendered in accordance

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No general liability insurance is required.

The Vendor shall carry and keep in force during the term of this Agreement, a general liability

The Vendor shall have and maintain during the term of this Agreement, a professional liability

100,000.00 300,000.00

300,000.00

TERMINATION AND DEFAULT

This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors.

If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department.

If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Vendor, the Department shall notify the Vendor of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be confidential.

Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 119.07(1), Florida Statutes, pursuant to Chapter 455, Florida Statutes, and applicable state law.

The Vendor covenants and agrees that it and its employees and agents shall be bound by the standards of conduct provided in applicable law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Agreement. The Vendor further covenants and agrees that when a former state employee is employed by the Vendor, the Vendor shall require that strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a condition of employment for said former state employee. These statutes will by reference be made a part of this Agreement as though set forth in full. The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity.

The Department shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.

Pursuant to Section 216.347, Florida Statutes, the vendor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.

6.

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B.

C.

(2)

(3)

E.

F.

G.

H.

I.

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If the Agreement is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work

D.

ASSIGNMENT AND SUBCONTRACTS

The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Agreement. The Vendor is fully responsible for satisfactory completion of all subcontracted work.

The Vendor, however, shall not sublet, assign, or transfer any work under this Agreement to other than subcontractors specified in the proposal, bid, and/or Agreement without the written consent of the Department.

Select the appropriate box:

It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity (Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for this agency (Department) insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting:

PRIDE Enterprises 12425 - 28th Street, North St. Petersburg, FL 33716-1826 (800)643-8459 as noted above, does not apply. However, Appendix I is applicable to all parties and is hereof made a part of this Agreement.

The following provision is not applicable to this Agreement:

The following provision is hereby incorporated in and made a part of this Agreement:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Agreement shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity (Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for the state agency (Department) insofar as dealings with such qualified nonprofit agency are concerned. RESPECT of Florida provides governmental agencies within the State of Florida with quality products and services produced by persons with disabilities. Available pricing, products, and delivery schedules may be obtained by contacting:

RESPECT

2475 Apalachee Pkwy Tallahassee, Florida 32301-4946 Phone: (850)487-1471

7.

A.

B.

E. For Agreements $1,000,000 and greater, if the Department determines the Vendor submitted a false certification under Section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Department shall either terminate the Agreement after it has given the Vendor notice and an opportunity to demonstrate the Department's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or maintain the Agreement if the conditions of Section 287.135 (4), Florida Statutes, are met.

satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor.

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The following provision is hereby incorporated in and made a part of this Agreement:

This Agreement involves the expenditure of federal funds and Section 946.515, Florida Statutes, It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

In any legal action related to this Agreement, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same.

If this Agreement involves the purchase or maintenance of information technology as defined in Section 282.0041, Florida Statutes, the selected provisions of the attached Appendix II are made a part of this Agreement.

Time is of the essence as to each and every obligation under this Agreement.

This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto.

The State of Florida terms and conditions, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions of the Vendor.

If this Agreement is the result of a formal solicitation (Invitation to Bid, Request for Proposal or Invitation to Negotiate), the Department of Management Services Forms PUR1000 and PUR1001, included in the solicitation, are incorporated herein by reference and made a part of this Agreement.

Vendor/Contractor:

1.

2.

shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

C.

D.

E.

F.

G.

J.

H.

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B.

MISCELLANEOUS

The Vendor and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, Vendor and its employees, agents, representatives, or subcontractors are not agents of the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Agreement.

8.

A.

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FPN#411463-3-62-01

EXHIBIT "A"

SCOPE OF SERVICES FOR PUBLIC COMMUNICATIONS

CONSULTING SERVICES ON DISTRICT SIX CONSTRUCTION

PROJECTS ON MIAMI BEACH AND SURROUNDING AREAS

PROJECT/PROPOSAL NUMBER: RFP-DOT-12/13-6131DS

EXHIBIT “A”

SCOPE OF SERVICES

FOR

PUBLIC COMMUNICATIONS CONSULTING SERVICES ON DISTRICT

SIX CONSTRUCTION PROJECTS ON MIAMI BEACH AND

SURROUNDING AREAS

PURPOSE

The Florida Department of Transportation, hereafter referred to as the Department, requires sealed written Proposals from qualified Proposers to provide the services described in this Request for Proposal.

This Scope of Services describes and defines activities which may be required by the Florida Department of Transportation for a range of services to include, but not limited to: communication planning and implementation, public relations and community involvement, customer service, general translation and interpreting services, project website maintenance, preparation of related media communications and collateral materials, preparation of audio/video presentations, project planning coordination and implementation, and other services that may be related.

This includes, but is not limited to, those operations necessary for mobilization, the movement of personnel, equipment, supplies, expertise, incidentals, permits, notifications and fees associated with such notifications, if any. The Department shall request consultant services on an as-needed basis. There is no guarantee that any or all of the services described in this Agreement will be assigned during the term of this Agreement. Further, the Consultant is providing these services on a nonexclusive basis.

The Department, at its option, may elect to have any of these services set forth herein performed by other consultants or Department staff.

This is an indefinite quantity contract where the Contractor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract, unless services are terminated.

This Contract shall begin on the date the Notice to Proceed is given and shall continue for a period of three (3) years. This Agreement may be renewed, not to exceed three

(3) one-year renewals. If a renewal is desired, it must be executed by the Department and the Contractor prior to the expiration of this Agreement.

DEFINITIONS

CONTRACT/AGREEMENT

All documents, exhibits and attachments specifying services to be performed/provided by the CONSULTANT, billing rates for these services and how the CONSULTANT shall be compensated for these services, executed by both the CONSULTANT and the

DEPARTMENT.

CONSULTANT

The CONSULTANT retained by the Department to perform the Contractual Services described in this CONTRACT/AGREEMENT.

DEPARTMENT

The Florida Department of Transportation (FDOT)

PROJECT MANAGER

The Department’s staff member(s), manager(s) or consultant(s) with overall responsibility and authority to oversee the contractual services begin performed/provided by the CONSULTANT for the Florida Department of Transportation (FDOT) as described in this CONTRACT/AGREEMENT.

NOTICE TO PROCEED

A letter issued by the Contractual Services Office authorizing the start of the CONTRACT/AGREEMENT. There shall be one (1) Notice to Proceed issued for the initial CONTRACT/AGREEMENT. For any additional work that shall be added to this CONTRACT/AGREEMENT by Supplemental Agreement an additional Notice to Proceed shall be issued. If Letters of Authorization/Task Work Order are required under this CONTRACT/AGREEMENT, then the CONSULTANT shall not commence work until receipt of the Letter of Authorization/Purchase Order/Task Work Order (as defined below) from the DEPARTMENT and/or the DEPARTMENT’S PROJECT MANAGER (or his/her designee).

LETTER OF AUTHORIZATION/TASK WORK ORDER

A letter or work order issued by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) authorizing the CONSULTANT to commence work on a specific task in accordance with the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT. Completion due dates and fees are specified in the Letter of Authorization/Purchase Order or Task Work Order.

DEPARTMENT OBSERVED HOLIDAYS

The below listed holidays are observed by the DEPARTMENT. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed. Holidays include:

New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and the following day, Christmas Day

DEPARTMENT BUSINESS HOURS

Typically 8:00 A.M. through 5:00 P.M., Monday through Friday in which the DEPARTMENT conducts routine business. There may be occasions when work related meetings and events occur after routine business hours, at which time offsetting work hours may be required.

DEPARTMENT PROCEDURES

Standard day-to-day process which relates to the type of services being requested in this CONTRACT/AGREEMENT.

PREREQUISITE QUALIFICATIONS

The Department requires that the Consultant meet certain prerequisite qualifications.

The Consultant must:

Be a full service public communications firm with a fully operational office located in Miami-Dade or Broward County.

Demonstrate the CONSULTANT PROJECT MANAGER has a minimum of three years experience leading public outreach efforts for multiple projects at one time.

Demonstrate the CONSULTANT PROJECT MANAGER has experience in crisis management and crisis communications, including developing strategies and creating talking points.

Demonstrate the CONSULTANT PUBLIC INFORMATION SPECIALIST has a minimum of two years experience working/coordinating transportation issues with one of those years working in a lead role. Experience with City of Miami Beach staff relating to transportation issues is a plus.

Demonstrate the CONSULTANT PUBLIC INFORMATION SPECIALIST is familiar with the issues and events in and around the Miami Beach area.

CONSULTANT RESPONSIBILITIES

Location of the CONSULTANT

The CONSULTANT shall be stationed locally to work directly with the DEPARTMENT during the term of the CONTRACT/AGREEMENT. The CONSULTANT must have a full service operational office in Miami-Dade or Broward Counties, Florida.

Furnishing of Services

The CONSULTANT shall furnish all materials, equipment machinery, tools, apparatus, means of transportation, travel expenses, labor, services and supplies required to perform the services as outlined in this Scope of Services.

Coordination with the Department

All aspects of each task shall be coordinated through the Department’s Project Manager (or his/her designee). All authorizations and approvals shall be in writing and executed by the Project Manager (or his/her designee) prior to the commencement of work

The Project Manager is Kathy Yeomans and is located at:

Florida Department of Transportation District Six Construction 1000 N.W. 111 Avenue Miami, FL 33172

In the Department’s Project Manager’s temporary absence from the office, the DEPARTMENT shall authorize another individual to perform the Department’s Project Manager’s duties.

The DEPARTMENT may replace the Department’s Project Manager (or his/her designee) at any time during the term of this CONTRACT/AGREEMENT.

Services to be Provided

The CONSULTANT by acceptance of this CONTRACT/AGREEMENT hereby guarantees that they shall comply with all scheduled times and requirements as specified in this CONTRACT/AGREEMENT and any subsequent additions.

The CONSULTANT shall be responsible for the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT. These responsibilities shall be carried out through planning, assignment, coordination, inspections, quality control, field operations, reporting and other forms of administrative management required to optimize services and support in compliance with terms specified in this CONTRACT/AGREEMENT.

The CONSULTANT must use the most up-to-date version of the DEPARTMENT’s procedures and processes to provide services including but not limited to:

Public Relations Campaigns, process mapping and process analysis participation, development of Community Awareness Plans, crisis communication, media spokesperson and related media communications, development of speeches and talking points, special event planning and participation, elected official notification, website updating, newsletter and feature story writing, development of collateral materials, translation and printing services, communication of project information in person and in writing, perform customer surveys, preparation of audio/visual presentations, and meeting minutes.

No work shall be undertaken by the CONSULTANT unless it has been authorized in writing by the DEPARTMENT. The DEPARTMENT shall issue a formal Notice to Proceed authorizing the CONSULTANT to begin work on a specific date.

The CONSULTANT must carry out assignments/tasks with ethics, with an understanding of the cultural, racial and economic diversity of the community, through their understanding of and connections with media outlets and governmental officials, and using their experience in planning meetings/events.

The CONSULTANT shall furnish to the Department the services required at the proposed hourly wage rates that are depicted in the Exhibit “B” Contract Price Proposal attached hereto and made a part hereof.

The CONSULTANT agrees to bill the DEPARTMENT for the services provided at the proposed hourly wage rates established in the Exhibit “B” Contract Price Proposal. The proposed hourly wage rates shall include overhead, profits, travel, administrative expenses, materials, equipment, insurance, bonding and all other incidentals and all direct and indirect costs required to complete the contractual services under this

CONTRACT/AGREEMENT.

If the procedural regulations referenced herein are revised or superseded before the services by the CONSULTANT are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

The CONSULTANT shall maintain complete and accurate project records in hard copy of all activities and any other events relating to the CONTRACT/AGREEMENT.

Job Classifications and Descriptions

Project Manager: Primary point of contact with the Department’s Project Manager (or his/her designee) on overall activities of the contract; ensures contract compliance;

manages budget; executes special projects and performs QA/QC on all collateral materials; responsible for entire staff assigned to this CONTRACT/AGREEMENT to include staff supervision and work production; works with Department’s Project

Manager on streamlining processes and developing cost effective methods of doing business; and executes other duties relevant to the position.

Public Information Specialist: Acts as the source for project related information and due to extensive interaction with the South Florida community, bilingual (English/Spanish) is a plus; writes Community Awareness Plans for projects in the construction phase;

identifies potential impacts to the public as a result of construction; prepares and disseminates collateral materials to the public using plain language; develops strategies alliances and corporate partnerships; prepares and presents project information for meetings; coordinates resolution of issues; maintains database of stakeholders;

prepares information for updating website; performs media responses by interview or in writing as needed; coordinates and staffs formal and informal public meetings; and executes other duties relevant to the position.

Assistant Public Information Specialist: Performs customer satisfaction surveys;

performs website updates; supports the activities of the Public Information Specialist as needed and approved; executes other duties relevant to the position.

Graphic Designer: Designs collateral materials; creates templates and newsletter layouts; performs other duties relevant to the position.

Staffing

The CONSULTANT shall be responsible for providing competent and committed personnel who are qualified, reliable and properly trained at appropriate levels of skill and utilization to perform the routine and any additional contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT and accept the responsibilities and duties of this CONTRACT/AGREEMENT for the period stated, beginning on the date noted in the Notice to Proceed, and shall conform to and abide by the specifications stated herein.

The CONSULTANT will be responsible for supplying as many personnel as needed to meet the requirements of this CONTRACT/AGREEMENT.

The CONSULTANT shall provide the DEPARTMENT with a Project Manager for the life of the contract.

The CONSULTANT shall provide the DEPARTMENT with one full time Public Information Specialist for the life of the contract. The Public Information Specialist will be assigned to work from a future project field office located in or around Miami Beach, Florida. Staff for other classifications in this CONTRACT/AGREEMENT must be identified, however will be used on an as-needed basis.

It may be necessary for the CONSULTANT to subcontract/subconsult portions of the work. All Subcontractor(s)/Subconsultant(s), whether it is an individual or a firm must be approved and qualified by the DEPARTMENT prior to the initiation of any work.

The CONSULTANT shall be fully responsible for the satisfactory completion of all subcontracted/subconsulted work.

The CONSULTANT shall provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with copies of the names for all Subcontractor(s)/ Subconsultant(s) or employees who shall be performing the work as required.

Any changes to personnel shall be in writing and approved by the DEPARTMENT in writing before performing any billable services.

Consultant’s Work Supervision and Supervisor Requirements

All contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT must be performed by or under the direction of a person qualified or licensed as specified in this CONTRACT/AGREEMENT and any other local, state and federal laws, regulations and guidelines that apply to the type of services being performed.

The CONSULTANT shall adhere to all other applicable local, state and federal laws, regulations, and guidelines pertaining to the type of services being provided by the CONSULTANT as described in this CONTRACT/AGREEMENT.

The CONSULTANT’S work shall be performed and/or directed by the key personnel identified by the CONSULTANT in their Proposal submitted to the DEPARTMENT.

If requested by the DEPARTMENT, the CONSULTANT’S prospective Supervisor/Project Manager shall be available to meet with the Department’s Project Manager (or his/her designee) at a mutually convenient time for both parties during regular business hours to discuss work requirements prior to the CONSULTANT assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the DEPARTMENT.

If during the term of this CONTRACT/AGREEMENT, a new Supervisor/Project Manager are to be employed by the CONSULTANT the individual shall be available to meet with the Department’s Project Manager (or his/her designee) at a mutually convenient time for both parties during regular business hours to discuss work requirements prior to the CONSULTANT’s new Supervisor/Project Manager assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the DEPARTMENT.

The CONSULTANT will continuously monitor personnel performance as part of its own management activity.

The CONSULTANT shall supply a status report consisting of all activities to the DEPARTMENT bi-weekly during the entire CONTRACT/AGREEMENT commencing with the Contract Notice-to-Proceed. The report shall include a detailed description of the services performed including all special requirements. The report shall also include plans of action to correct present and anticipated problems, and the status of services to be provided.

Throughout the term of the CONTRACT/AGREEMENT, the DEPARTMENT may conduct reviews of the work performed by the CONSULTANT. The CONSULTANT shall cooperate and assist the DEPARTMENT throughout these review processes.

Identification

The CONSULTANT’S personnel/subcontractor(s)/subconsultant(s) must sign in at the required DEPARTMENT location and obtain DEPARTMENT identification in order to be admitted to the DEPARTMENT location.

No personnel will be allowed to enter any DEPARTMENT location without identification.

Consultant’s Warranty

The CONSULTANT warrants to the DEPARTMENT that all services furnished under this CONTRACT/AGREEMENT shall be performed in a competent, good workmanlike manner and in accordance with good trade practices and local, state and federal codes.

The CONSULANT agrees that satisfactory completion of each job assignment will be performed and approved by the DEPARTMENT and or the Department’s Project Manager (or his/her designee) before the DEPARTMENT and or the Department’s Project Manager (or his/her designee) approve and process the CONSULTANT’S invoices for payment.

Non-Compliance

Failure to resolve discrepancies within a reasonable time frame may result in CONSULTANT placement in non-compliance status as described in the Non- Compliance sections of this CONTRACT/AGREEMENT and the Florida Department of Transportation Contractual Services Standard Agreement.

Failure by the CONSULTANT to comply with the Rules and Regulations stated in this Scope of Service and those that may later be added in shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or contract termination.

Failure by the CONSULTANT to comply with safety requirements accordance with Occupational Safety and Hazard Act [Administration] (OSHA), those identified by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee), those stated in this CONTRACT/AGREEMENT and those that may added later, shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

The parties recognize that timely performance by the CONSULTANT is of the essence.

Should the CONSULTANT fail to perform the work specified in this CONTRACT/AGREEMENT and cause the DEPARTMENT to intervene to complete the work as specified, all costs incurred by the DEPARTMENT shall be charged to the CONSULTANT and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

If the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) determines that the performance of the CONSULTANT is not satisfactory, the DEPARTMENT may terminate this CONTRACT/AGREEMENT as described in Section 6 of the State of Florida Department of Transportation Contractual Services Standard Agreement. Any necessary default action will be processed in accordance with the Department of Management Services Rule 60A-1.006(3).

In the event of intervention or default, all payment to the CONSULTANT shall stop during the time involved and the DEPARTMENT shall hold all payment due to the CONSULTANT until cost to the DEPARTMENT is satisfied. The DEPARTMENT reserves the right to deduct such costs from any payment due to the CONSULTANT.

If the CONSULTANT fails to comply with the provisions of the section entitled CONSULTANT RESPONSIBILITIES in this CONTRACT/AGREEMENT and it is not immediately corrected, the DEPARTMENT shall construe that the CONSULTANT is in non-compliance and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

If at any time during the course of this CONTRACT/AGREEMENT the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) brings to the attention of the CONSULTANT a violation of any of the sections in this CONTRACT/AGREEMENT and the violation is not corrected within twenty four (24) hours the DEPARTMENT shall construe that the CONSULTANT is in non-compliance and shall result in the immediate suspension of work, CONSULTANT placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

License and Insurance Qualifications

The CONSULTANT must hold the licenses necessary to provide the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT in the counties specified.

The CONSULTANT shall provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with proof that the CONSULTANT’S firm (not the individual) is authorized and licensed to do business in the State of Florida and has been engaged in the type of services required for a minimum of three (3) years.

The CONSULTANT shall provide the DEPARTMENT and/or the Department’s Project

Manager (or his/her designee) with copies of a current State of Florida Occupational License for the services required.

The CONSULTANT shall certify that skilled employees and/or Subcontractor(s)/Subconsultant(s) who possess the necessary specialty licenses, as required by law to perform the work, shall provide the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT and any other services that may be required.

The CONSULTANT shall be required to provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with the required types of insurance limits as stated in this CONTRACT/AGREEMENT.

The CONSULTANT shall carry and keep in force during the period of the CONTRACT/AGREEMENT and any subsequent renewals a current general liability insurance policy or policies with a company or companies authorized to do business in the State of Florida, affording public liability insurance with combined bodily injury limits of at least one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) each occurrence, and property damage insurance of at least one hundred thousand dollars ($100,000.00) each occurrence.

The CONSULTANT shall provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with a current Certificate(s) of Worker’s Compensation Insurance covering all employees, subcontractor(s)/subconsultant(s) during the period of the CONTRACT/AGREEMENT and any subsequent renewals. A certificate from an eligible underwriter indicating proof of coverage shall be submitted with each Proposal to ensure required coverage.

All records, insurance and licenses must be current and will be kept on file for the duration of this CONTRACT/AGREEMENT, and will be provided within twenty-four (24) hours upon request by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee).

COMMUNICATIONS

Pre-Work Conference

The…