Exhibit A Scope of Services.pdf

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 1 of 16

State of Florida Department of Transportation

EXHIBIT "A" SCOPE OF SERVICES

DOT-RFP-23-6180SD

Districtwide Communications Programs and Special Projects for District Six’s Traffic Operations Office in

Miami-Dade and Monroe Counties for the Florida Department of Transportation

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 2 of 16

EXHIBIT "A"

SCOPE OF SERVICES

DISTRICTWIDE COMMUNICATIONS PROGRAMS AND

SPECIAL PROJECTS FOR DISTRICT SIX’S TRAFFIC OPERATIONS OFFICE

A. PURPOSE

The Florida Department of Transportation, District Six’s Traffic Operations Office, hereafter referred to as the Department, shall use this contract for the purpose of informing and educating South Florida motorist on Department safety initiatives, technologies, and techniques to avoid and reduce crash fatalities, including bicycle and pedestrian fatalities through a qualified Consultant firm. The Consultant firm will provide an array of services with Public Information, Communications and Outreach on Districtwide Communications Programs and Special Projects. These projects may consist of safety and operational concerns in Miami-Dade and Monroe counties.

Exhibit A, Scope of Services (Scope of Services) describes and defines activities which may be required by the Department 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, website development and maintenance, preparation of media communications and collateral materials, media interviews, special event planning and participation, crisis communications, preparation of audio/visual presentations, preparation of speeches and talking points, customer surveys, database development and management, social media management and coordination, educational campaign development and implementation, and other related services.

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 Scope of Services will be assigned during the term of this contract. Further, the Consultant is providing these services on a nonexclusive basis. The Department, at its discretion, 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 Consultant agrees to furnish services during a prescribed period of time. The prescribed period of time will serve as the contract end date unless services are terminated.

B. COMPLIANCE WITH FLORIDA STATUTES

Should this contractual services contract exceed the threshold amount listed under Section (S) 287.017, Florida Statutes (F.S.) for Category Two, or exceeds $35,000 for the term of the contract, then the provisions listed under S. 287.058, F.S. shall be applicable to this contract, including financial consequences for failure of the contractor to perform the contractual services described in the contract.

C. DEFINITIONS

Agreement/Contract

All Department and Consultant documents, exhibits and attachments specifying services to be performed/provided by the Consultant, including billing rates for services

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 3 of 16 and how the Consultant shall be compensated for services, executed by both the Consultant and the Department.

Amendment/Supplemental

An official Department document used to revise the Agreement’s scope of services or terms, method of compensation, including the Agreement’s funding and length of time.

This document shall be agreed to mutually and signed by both parties.

Budgetary Ceiling

The maximum amount of state funds authorized contractually by the Department to compensate the Consultant for the contractual services to be performed. This amount maybe decreased or increased via an Amended by the Department.

Consultant/Contractor/Proposer

The firm retained by the Department to perform the Contractual Services described in this Agreement.

Consultant’s Project Manager

The Consultant’s staff member(s), manager(s) or consultant(s) with overall responsibility and authority to perform the contractual services being provided by the Consultant as described in this Agreement.

Department/FDOT

The Florida Department of Transportation, District Six (D6) Traffic Operations Office

Department Procedures

Standard day-to-day processes established by the Department which relates to the type of services being requested in this Agreement.

Department’s Project Manager

The Department’s staff member(s), manager(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed/provided by the Consultant as described in this Agreement.

Encumbrance

An official Department document used to obtain approval of state funds that have been allocated to the Agreement to compensate the Consultant for the contractual services to be performed in accordance with the Scope of Services.

Letter of Authorization (LOA)

A letter issued by the Project Manager (or his/her designee) officially notifying the Consultant that funds have been approved and encumbered to the Agreement.

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Notice to Proceed

A letter issued by the Project Manager officially authorizing the Consultant to start providing the contractual services described in the Scope of Service withing the time periods or length of term listed in the notice. There shall be one (1) Notice to Proceed issued for the initial Agreement. Any additional work added to this Agreement via an Amendment may initiate the issuance of an additional Notice to Proceed.

Performance Measures

The required minimum acceptable level of service to be performed under this contract, including the criteria for evaluating the successful completion of each deliverable.

Task Work Order

A task or work assignment document issued by the Department officially authorizing the Consultant to commence work on a specific service in accordance with the contractual services described in this Agreement. The Task Work Order (TWO) shall contain a scope of services for the desired work, including the completion due dates, fees negotiated and approved by the Department, and total compensation for the satisfactory completion of the assigned work.

D. 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

E. DEPARTMENT BUSINESS HOURS

Typically, 8:00 A.M. through 5:00 P.M., Monday through Friday are the official times 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.

F. CONSULTANT PREREQUISITE QUALIFICATIONS

The Department requires that the Consultant meet certain prerequisite qualifications.

The Consultant shall:

1) Consultant Project Manager

The Consultant Project Manager shall demonstrate a minimum of three (3) years of experience managing similar contracts and outreach efforts of other staff members handling multiple projects at one time.

The Consultant Project Manager shall also demonstrate experience in contract management including special event planning and implementation, developing and managing communications strategies, developing and managing budgets, and overseeing all contract staff and tasks.

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2) Consultant Community Outreach Specialist

The Consultant Community Outreach Specialist shall have a minimum of three

(3) years of experience in the communications field working on issues related to transportation and have the ability to speak and write Spanish.

The Consultant Community Outreach Specialist shall also be familiar with the diverse communities within District Six.

G. LICENSE AND INSURANCE QUALIFICATIONS

The Consultant shall hold and provide the Department with the licenses necessary to perform the work being required by the Consultant as described in this Agreement in the counties specified.

The Consultant shall provide the Department with the necessary specialty licenses that skilled employees and/or Subconsultant(s)/Subcontractor(s) possess to perform the work being required by the Consultant and/or Subconsultant(s)/Subcontractor(s) as described in this Agreement, and any other services that may be required.

All records, insurance and licenses must be current and will be kept on file for the duration of this 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).

H. POSITION CLASSIFICATIONS AND DESCRIPTIONS

The Consultant staff shall consist of, at a minimum, the following positions in order to perform the contractual services described in this Agreement:

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 budgets; handles crisis communications; executes special projects and performs Quality Assurance/Quality Control (QA/QC) on all collateral materials;

responsible for entire staff assigned to this Agreement to include staff supervision and work production; works with Department’s Project Manager on developing cost effective methods of doing business; coordinates website development and maintenance and executes other duties relevant to the position.

Community Outreach Specialist: Acts as the primary source for project and special program information, develops and implements proposals for upcoming projects and campaigns; prepares and disseminates collateral materials using plain language;

develops and identifies strategic alliances and corporate partnerships; prepares and presents project information for meetings and special events; creates and maintains detailed reports on all assigned tasks and special projects; creates final reports for all projects and campaigns; works closely with the Department’s Public Information Office and the Department’s Project Manager on media relations and social media outreach;

coordinates and facilitates press conferences and media availabilities; updates information on the District website; prepares and distributes E-blasts to stakeholders and campaign partners; develops advertising and educational campaigns; coordinates and staffs formal and informal public meetings and special events; and executes other duties relevant to the position .

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Webmaster: Revises, edits and/or adds content and pages as needed; works closely with the Department’s Project Manager to ensure functionality and implements modifications identified during regular website audits; provides monthly reports on website traffic. Knowledgeable experience with content managing systems (CMS) and Hyper Text Markup Language (HTML) programing is required.

Assistant Community Outreach Specialist: Conducts surveys as directed; supports public meetings and special events; develops and maintains database(s) of stakeholders, campaign partners and special interest groups; supports the activities of the Community Outreach Specialist as needed and approved; executes other duties relevant to the position.

Graphic Designer: Designs collateral materials; creates templates as well as advertising and campaign materials; develops audio/visual presentations, charts, graphs, maps as needed; and performs other duties relevant to the position.

I. ALLOWABLE POSITION HOURLY WAGE RATE RANGE

The rates listed in the table below are the allowable rates the Department has established for each type of Position Classification described in this Exhibit “A”, Scope of Services for this Agreement.

POSITION CLASSIFICATION

ALLOWABLE HOURLY WAGE RATE

RANGE

PROJECT MANAGER $90.00 - $95.00

COMMUNITY OUTREACH SPECIALIST $75.00 - $80.00

WEBMASTER $75.00 - $80.00

ASSISTANT COMMUNITY OUTREACH

SPECIALIST

$40.00 - $45.00

GRAPHIC DESIGNER $45.00 - $50.00

The Proposer is encouraged to submit their best pricing which must be within the range for each position classification. The Proposer shall complete the Exhibit “C” Price Proposal in accordance with the Department’s allowable rates and submit as part of the price proposal package. Price Proposals submitted with rates that are below or above the Department’s allowable hourly wage rates will be deemed “non-Responsive” and the proposal will be subject to rejection.

A Consultant’s Proposal shall be in the form of proposed hourly wage rates for each job classification required as described in the Exhibit “C”, Price Proposal.

The Agreement billing rates shall include the costs of salaries, overhead, travel and phone expenses, quality control, general and administrative costs, incidental expenses, fringe benefits, operating margin and subcontractor(s)/subconsultant(s).

J. CONSULTANT RESPONSIBILITIES

The Consultant shall be responsible for the contractual services being performed as described in this 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 Scope of Services.

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1) 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 described in this Agreement.

The Consultant accepts the responsibilities and duties of this 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 shall be responsible for supplying as many personnel as needed to meet the requirements of this Agreement. The Department shall retain the right to accept or reject any Consultant employee working under this Agreement.

The Consultant shall provide the Department with a Project Manager for the life of the contract and shall not use a sub-consultant for this position.

The personnel identified in the Consultant’s Proposal may not be substituted during the term of the Agreement unless a staff member is no longer employed with the Consultant’s firm or at the approval or request of the Department. Any changes to personnel shall be in writing and approved by the Department before performing any billable services.

Personnel listed in the Consultant’s Proposal 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 staff member assuming the responsibilities of this Agreement. This time spent shall not be billable to the Department.

It may be necessary for the Consultant to sub-consult/subcontract 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 sub-consulted/subcontracted work.

The Consultant’s Proposal shall contain a list of the names for all Subconsultant(s)/Subcontractor(s) or employees who shall be performing the work under this Agreement.

2) Consultant Office

Each proposed member of the Consultant staff shall be stationed locally to work directly with the Department during the term of this Agreement. The Consultant shall have an operational office in either Miami-Dade, Monroe or Broward County, Florida.

3) Response Time

The Consultant’s Project Manager shall respond by telephone within one (1) hour after receiving a call from the Department and/or the Department’s Project

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Manager (or his/her designee), and if required shall be present at the location in question within two (2) hours after being contacted.

The Consultant shall respond to emergencies and provide immediate service.

4) Performance of Services

No work shall be undertaken by the Consultant unless it has been authorized in writing via a Task Work Order by the Department.

The Consultant shall furnish all materials, equipment machinery, tools, apparatus, means of transportation, travel expenses including mileage, parking expenses and tolls, labor, services, and supplies required to perform the services as outlined in this Scope of Services. Smart phone with access to email is required and shall be provided by the Consultant. Texting with these Smart phones is prohibited.

The Consultant shall 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.

5) 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 Department’s Project Manager is, Shieda Castillo, and is located at:

Florida Department of Transportation 1000 N.W. 111 Avenue, Room # 6206A Miami, FL 33172

6) Services to be Provided

The Consultant shall use the most up-to-date version of the Department’s procedures and processes to provide the following tasks, including but not limited to:

1. Assisting Community Traffic Safety Team (CTST) Program Coordinator with:

• Research CTST statistics

• Develop/periodically update detailed CTST member contact database

• Create an electronically based contact information survey to confirm interest, preferred meetings dates and times, needs, etc.

• Prepare program materials as needed (collaterals, eblasts, social media messaging if relevant)

• Develop unique and effective program outreach methods, including:

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 9 of 16 o Tri-fold brochure for members to distribute (in person or electronically) o Comprehensive social media outreach

• Maintain partnerships with local CTSTs including law enforcement (State, County, Municipal agencies), FDOT/Local Public Works and Traffic Management, traffic safety organizations, schools, community leaders, medical and trauma representation, emergency services, media, and motivated citizens to effectively disseminate the program’s message. Find additional community members as needed.

• Further develop relationships with existing campaign partners (Put It

Down, Drive Safe, Ride SMART FL and Alert Today Alive Tomorrow) and the recently launched Target Zero FL initiative.

• Administrative Support – Develop and produce materials for all related meetings (whether quarterly, bi-monthly or monthly), both internal and external. These materials include sign-in sheets, agendas, minutes, handouts, and kits.

• Develop presentation for display at meetings, if needed.

• Participation and meeting summaries to include action items at held meetings

• Assist in coordinating and staffing outreach events with FDOT D6 and established partners, as well as assist in disseminating collateral and program materials to target audience at selected events in Miami-Dade and Monroe Counties

• Coordinate media coverage and leverage opportunities for earned media placements

• Develop a quarterly electronic newsletter for Traffic Operations that include elements of the D6 CTSTs.

2. Developing and implementing Public Relations, Marketing and/or Educational

Campaigns; participating in process mapping and process analysis.

3. Developing and implementing proposals for special projects; preparing and disseminating collateral materials; updating the District Six website;

coordinating social media with the District Public Information Office.

4. Developing and distributing E-blasts; pitching campaigns and initiatives to media and partners; developing corporate partnerships; serving as the media spokesperson, in coordination with the District Six Public Information Office.

5. Developing speeches and talking points; planning and facilitating special events; coordinating communications with elected officials and agencies;

writing features and newsletters; translating materials into Spanish and Haitian Creole; conducting surveys; preparing audio/visual presentations;

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 10 of 16 developing meeting minutes, event summaries, and comprehensive campaign reports.

6. Developing working relationships with third party vendors (media/advertising) and establish competitive contracting or subcontracting for the purpose of outsourcing educational safety messages (including but not limited to: print, radio, TV/Film, web-based, mobile, gas station monitors, ride-share services, and geofencing/programmatic advertising, to name a few) to support the various FDOT safety campaigns, initiatives, and programs.

See Exhibit “B”, Method of Compensation attached hereto and mad part hereof, for the process the Consultant shall use for procuring commodities or services that may be necessary to accomplish the tasks mentioned in this section.

7. Developing working relationships with third party vendors (materials) and establish competitive contracting or subcontracting for the purpose of producing and procuring promotional materials (including but not limited to:

print materials, brochures, pamphlets, tip cards, posters, banners, promotional give-a-aways, tents, collapsible banners) to support the various FDOT safety campaigns, initiatives, and programs.

See Exhibit “B”, Method of Compensation for the process the Consultant shall use for procuring commodities or services that may be necessary to accomplish the tasks mentioned in this section.

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

The Consultant agrees to bill the Department monthly for the services provided at the proposed hourly wage rates established in the Exhibit “C”, Price Proposal.

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 an electronic format of all activities and any other events relating to this Agreement and provide hard copies to the Department upon request. Complete electronic records must be provided to the Department at the end of each task assigned to this contract.

7) Consultant’s Work Supervision

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

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.

The Consultant shall continuously monitor personnel performance as part of its own management activity.

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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 Agreement.

8) Consultant’s Warranty

The Consultant warrants to the Department that all services furnished under this Agreement shall be performed in a competent, good workmanlike manner and in accordance with good trade practices and local, state, and federal codes. The Consultant shall provide quality product and Consultant errors shall be corrected immediately and time spent for these corrections shall not be billable to the Department.

9) Pre-Work Conference

When 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 Agreement. This time spent shall not be billable to the Department.

10) Progress Meetings

The Consultant and their Project Manager shall be required to meet with the Department’s Project Manager (or his/her designee) for a formal progress meeting as determined by the Department’s Project Manager (or his/her designee). Meetings will be scheduled on dates agreed upon by the Consultant and the Department’s Project Manager (or his/her designee). Dates shall be determined at the Pre-Work Conference. The Consultant shall be required to prepare the agenda and take minutes for these meetings.

The agenda shall be prepared and submitted to the Department seven (7) calendar days before the meeting for the Department’s Project Manager to review. The meeting minutes shall be submitted fourteen (14) calendar days after the meeting.

The Department reserves the right to call for additional meetings at any time during the term of this Agreement.

11) Status Reports

The Consultant Project Manager shall prepare and provide to the Department a monthly status report consisting of all activities accomplished on assigned task work orders. The report shall include a detailed description of the services performed, including all special requirements, and status of billing. The report shall also include plans of action to correct present and anticipated problems, and the status of services to be provided. This report may be discussed during Progress Meetings and shall be submitted seven (7) calendar days before the meeting.

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12) Communication with Elected Officials

The Consultant shall immediately report any communication with elected officials and/or the media to the Department’s Project Manager and the Public Information Office.

13) Work Performance Reviews

Throughout the term of this 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.

K. DEPARTMENT RESPONSIBILITIES

1) Notice To Proceed

The Department shall issue a formal Notice to Proceed document authorizing the Consultant to begin providing the Agreement services on the dates specified in the notice.

2) Pre-Work Conference

The Department shall conduct a pre-work conference prior to the start of the work to discuss and review the proposed work and the Consultant’s plan of action for transitioning their personnel. The Consultant shall be required to submit the following items to the Department at the pre-work conference:

• Verify the name of the Consultant’s Project Manager assigned to this Agreement, along with their work and cellular telephone numbers.

• Work and cellular telephone numbers for all personnel responsible for answering and responding to the needs of the Department in accordance with the contractual services being performed by the Consultant as described in this Agreement.

3) Contract Administration

The Department’s Project Manager shall administer the terms of this Agreement.

The Department’s Project Manager shall issue the Consultant “Task Work Orders” for the services described in this Agreement.

The Department’s Project Manager shall conduct monthly meetings with the Consultant to discuss the monthly status report of the issued Task Work Orders, including communications with elected officials, media, funding, and expenditures.

The Department will maintain close contact with the Consultant to ensure that major expenses are not incurred for materials, goods and services that can be provided by the Department.

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The Department’s Project Manager will supply the necessary form letters, agreements, plans and any other documents that would be needed for the Consultant to accomplish assigned tasks.

4) Performance Measures Reviews

Throughout the term of this Agreement, the Department shall conduct reviews of the work performed by the Consultant to verify that the project control and management procedures are assuring project performance with reasonable conformity with Department policies, specifications, and control provisions. The Consultant shall assist the Department in these reviews.

When deficiencies are indicated in a review, the Consultant shall immediately implement remedial action to eliminate the deficiencies. Remedial actions may include further training of the Consultant’s personnel, subdivision of staff responsibilities, and addition of staff or replacement of personnel whose performance is considered inadequate.

The Department shall provide the Consultant with written correspondence at random intervals indicating progress and/or deficiencies in performance.

5) Site Inspections

The Department’s Project Manager (or his/her designee) shall have the right to visit the site/area/location where the services are being performed/provided by the Consultant for inspection of the work and the products of the Consultant at any time.

L. PERFORMANCE MEASURES CRITERIA

The Department has established “Performance Measures” for this Agreement. The Consultant shall be measured monthly on the following criteria:

1) Department Procedures (e.g., Is the Consultant complying with the Department procedures that are part of this Agreement?)

2) Response Times (e.g., Is the Consultant responding to calls from the Department in accordance with this Agreement?)

3) Progress Meetings (e.g., Is the Consultant preparing the meeting agenda and recording the minutes in accordance with this Agreement?)

4) Status Reports (e.g., Is the Consultant preparing and submitting this report monthly with the information described in this Agreement?)

5) Task Work Orders (e.g., Is the Consultant completing the work assigned with quality, on time and on budget?

6) Consultant Invoicing (e.g., Is the Consultant billing the Department on a monthly basis in accordance with this Agreement?)

The Department, at its sole discretion, may revise this list and inform the Consultant of such revisions in writing.

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M. FINANCIAL CONSEQUENCES

In accordance with S. 287.058, F.S. the Consultant shall be assessed penalties for not complying with the “Performance Measures” described in this Agreement. The table below contains a list of the penalties that may be assessed.

Performance Measure

Criterion Requirement Penalties

Department Procedures

Deliverable for the Life or Term of Agreement

Comply with Department procedures part of this Agreement

$100/occurrence for not complying with Department procedures

Response Time

Return Department or Department Project Manager’s Call

Equal or less than one (1) Hour

$150/occurrence for not meeting requirement

Arrive at Department Location When Requested

Equal or less than two (2) hours

$150/occurrence for not meeting requirement

Progress Meeting

Prepare Agenda

Submit to Department seven

(7) days before the Progress Meeting

$50/day until submitted to Department

Prepare Minutes

Submit to Department fourteen (14) days after the meeting

$50/day until submitted to Department

Status Report Prepare Report

Submit to Department seven

(7) days before the Progress Meeting

$50/day until submitted to Department

Task Work Order

(TWO)

Perform Assigned Work

Submit to Department the deliverables on the date listed in TWO and in the manner described in the

TWO

10% of the TWO amounts shall be deducted from invoice for not complying with quality, work delivery time frame or exceeding budget

Consultant Invoicing

Deliverable for Life or Term of Agreement

Submit invoice(s) for work reviewed and accepted by the Department monthly

$100/occurrence for not meeting requirement

The penalties outlined in the table above shall be reduced from the monthly invoice and shall be forfeited by the Consultant. The Department, at its sole discretion, may redirect the forfeited funds for other Agreement tasks.

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N. NON-COMPLIANCE

Failure by the Consultant to comply with any part of this Agreement shall result in the Department applying the penalties listed in this Agreement, including exercising the clauses described under Section 6., Termination and Default, of the Standard Written Agreement.

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

Should the Consultant fail to perform the work specified in this 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 Agreement termination.

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.

O. SUSPENSION OF WORK

The Department may suspend the contractual services being performed/provided by the Consultant as described in this Agreement, wholly or in part, for such period or periods as may be deemed necessary due to natural causes, or for any other reason deemed necessary by the Department.

The Consultant shall not be entitled to extra compensation or adjustments to the Agreement unit prices because of suspension or deletion of work caused by the condition described in this section. Suspension of Work shall be ordered by the Department in writing, giving the reason for the suspension. The invoice payments shall be adjusted accordingly.

P. RULES AND REGULATIONS

1) Department Facility Access

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.

2) Non-Smoking Policy

There shall be no smoking within any of the Department’s buildings.

3) Property of the Department

All work performed by the Consultant pursuant to this Agreement, including, but not limited to the preparation of all communications documents and plans, briefings, workshop information, strategic documentation, websites, computer files and/or

Exhibit A Scope of Services DOT-RFP-23-6180SD Page 16 of 16 reports prepared or obtained under this Agreement, as well as all data collected, together with summaries derived there from, shall be considered works made for hire and shall become the sole property of the Department.

At the completion of the tasks/deliverables, and without restriction or limitation on their use, the Consultant shall make deliverables available, upon request, to the Department at any time during the performance of such services and/or completion or termination of this Agreement.

Upon delivery to the Department of said deliverables, the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant shall not copyright any materials and products or patent any invention developed under this Agreement.

4) Damages To Department Property

The Consultant’s Project Manager shall immediately report any disorder or breakage to the Department that occurred while the contractual services were being performed by the Consultant.

The Consultant shall be responsible for any and all damages caused by its employees and subconsultant(s)/subcontractor(s).

In the event that it is proven that the Consultant was at fault for any missing, defaced or destroyed Department property due to neglect or non-observance of responsibility and/or procedure, the Consultant shall be held liable and accept the responsibility for the replacement/repair of said Department property.