Exhibit B Method of Compensation.pdf

Exhibit B Method of Compensation DOT-RFP-23-6180SD Page 1 of 4

State of Florida Department of Transportation

EXHIBIT "B" METHOD OF COMPENSATION

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 B Method of Compensation DOT-RFP-23-6180SD Page 2 of 4

EXHIBIT "B"

METHOD OF COMPENSATION

DISTRICTWIDE COMMUNICATIONS PROGRAMS AND

SPECIAL PROJECTS FOR DISTRICT SIX’S TRAFFIC OPERATIONS OFFICE

1.0 PURPOSE:

This Exhibit “B” defines the limits and method of compensation to be made to the Consultant for services set forth in Exhibit "A" and the method by which payments shall be made.

2.0 ASSIGNMENT OF WORK:

The Department shall request Consultant services on an as-needed basis; services to be provided will be initiated and completed as directed by the Department’s Project Manager. The Department’s Project Manager may issue a Letter of Authorization as described below under Section 4.0, Establishment of Funds and Letter of Authorization, followed by the issuance of a Task Work Order (TWO) for the assignment of specific work.

3.0 COMPENSATION:

The Consultant may be paid up to a Maximum Amount of $ TBD, during the term of this Agreement.

The Maximum Amount listed in this section shall be considered the Budgetary Ceiling of this Agreement. It is agreed that this amount will be the limit of all compensation due to the Consultant for the satisfactory performance of the services described in Exhibit “A”. The Consultant shall not provide services that exceed the Budgetary Ceiling without an approved Amendment from the Department.

Currently, $ TBD, of the Budgetary Ceiling amount is planned for approval and encumbrance via a Letter of Authorization in Fiscal Year 2023 to this Agreement. The Department will provide written authorization or additional Letters of Authorization if and when subsequent funding is approved and encumbered for this contract.

This is a Term Contract for an Indefinite Quantity whereby the Consultant agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department, based on need and availability of budget, may increase, or decrease the Budgetary Ceiling by Amendment.

Execution of this Agreement does not guarantee that all the work described in Exhibit “A” will be authorized or that the Consultant will receive in compensation the total Budgetary Ceiling amount listed above.

The total amount of this Contract is expected to be funded by multiple appropriations and the State of Florida’s performance and obligation to pay under this Contract is contingent upon annual appropriation by the Legislature.

4.0 ESTABLISHMENT OF FUNDS AND LETTER OF AUTHORIZATION:

The Department’s Project Manager shall obtain Agreement funds by submitting an encumbrance funds approval request through the Department’s Contracts Funds Management (CFM) system.

Once the encumbrance is approved, the Department’s Project Manager can issue a Letter of

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Authorization to the Consultant. This is the Department’s mechanism for funding the Agreement to compensate the Consultant for the performance of the services described in Exhibit “A”.

For each Letter of Authorization issued, the Department shall request services via the issuance of Task Work Orders from the Consultant based on the rates established in Exhibit “C”. Allowable direct expenses shall also be included in the total amount of the Task Work Orders.

Therefore, it is agreed that the Consultant shall not perform any services except pursuant to receipt of the Letter of Authorization and the issuance of a Task Work Order from the Department’s Project Manager. The Consultant will not be obligated to perform services, nor incur costs, which would result in exceeding the approved Letter of Authorization; nor will the Department be obligated to reimburse the Consultant for services, or costs, or make payments more than the approved Letter of Authorization.

5.0 PROGRESS PAYMENTS:

The Consultant shall submit monthly invoices (1 copy) in a format acceptable to the Department.

For the satisfactory performance of the services detailed in each Task Work Order, the Consultant shall be paid up to the maximum limiting amount negotiated by the Consultant and the Department.

Payment shall be made at the contract hourly billing rates in Exhibit “C”, for services provided, as approved by the Department. The contract hourly 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). The invoice shall include documentation of man-hours provided and itemization of costs incurred (including receipts) or direct expenses incurred to accomplish the assigned work.

Invoices shall be submitted to: Attn: District Six Traffic Operations Safety Office Shieda Castillo 1000 NW 111 Avenue, Room # 6206A Miami, Florida 33172

The Consultant agrees that they shall provide payment to all personnel, including subconsultant(s)/ subcontractor(s) performing the services required under this Agreement immediately after receiving payment for invoiced work performed.

6.0 DIRECT EXPENSES:

This Agreement shall be used by the Department as a tool to improve safety in District Six by using all types of media, including social media to educate and inform motorist on policies, technologies, and techniques to use to avoid or reduce vehicle, bicycle, and pedestrian crash fatalities. The media type used to accomplish this work shall be acquired by the Consultant as a “Direct Expense.”

The Consultant shall use good purchasing practices similar to the Department’s purchasing practices for acquiring commodities and services that are necessary to carry out a Department Task Work Order assignment which from time to time, may require the use of some type of media platform.

When this type of commodity or service is required to accomplish a Task Work Order, for example a safety media campaign that will require television, radio, social media, and other media sources, the Consultant shall prepare a scope of the services needed to accomplish the task and obtain three (3) quotes/bids/proposals for the specified services. The entity with the lowest price shall be used for the proposed Department TWO, unless a written justification is provided to the Department’s Project Manager explaining the benefit of not using the lowest quote/bid/proposal.

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The quotes/bids/proposals received by the Consultant for commodities or services that are $2,500 or greater shall be submitted to the Department’s Project Manager for review and concurrence. The selected quote/bid/proposal shall become part of the Task Work Order maximum limiting amount.

The following is not an inclusive list of the “Direct Expenses” that may be required to accomplish the services assigned on a Task Work Order:

1. Printing and Duplication

2. Postage and Fulfillment Services

3. Advertising

4. Equipment and Room Rental

5. Supplies required for services set forth in Exhibit “A”

6. Translation services

7. Safety Media Campaigns on different types of media platforms

8. Other Miscellaneous expenses approved by the Department’s Project Manager

Compensation for” Direct Expenses” shall be established for each TWO assignment and shall be reimbursed at cost (no mark-up). The firm(s) performing the services must be approved by the Department in advance.

7.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

8.0 FINANCIAL CONSEQUENCES:

In accordance with Section 287.058, F.S. the Department has established “Performance Measures” for the Consultant to meet during the performance of the services described in Exhibit “A”, Scope of Services. Failure by the Consultant to meet the deliverables shall result in penalties that will be reduced from the Consultant’s monthly invoice. The total sum of the penalties shall be reduced from the monthly invoice and forfeited by the Consultant. The Department reserves the right to redirect the forfeited funds to other future task assignments.