PC-400000-C4175.pdf

Commerce Tracking Number: 25-RFQ-018-TD Commerce Contract Number: C4175

FLORIDA DEPARTMENT OF COMMERCE

REQUEST FOR QUOTE (RFQ)

PUBLIC RELATIONS, ADVERTISING, MARKETING, AND MULTIMEDIA SERVICES

SCOPE OF WORK

A Contract will be issued between the State of Florida, Department of Commerce, (“Commerce”) and ___________ (“Contractor”). Commerce and Contractor may be referred to individually as a "Party" and collectively as “the Parties."

Contractor agrees to provide services in accordance with the State of Florida (State) terms and conditions of this Scope of Work; State Term Contract Number 82101800-24-STC, Public Relations, Advertising, Marketing, and Multimedia Services; and section 287.058(1)(a)-(i), Florida Statutes (F.S.).

The requirements of paragraphs (a) – (c) of section 287.058(1), F.S., are hereby incorporated by reference.

1.0 General Description and Program Goals General Description

Under the direct supervision of Commerce’s Project Managers, Contractor shall assist Commerce by providing the expertise necessary through Advertising, Marketing, and Multimedia Services for programmatic outreach services within the US Department of Housing and Urban Development (HUD) and State identified Most Impacted and Distressed Areas (“MID”) for the State’s Community Development Block Grant – Disaster Recovery (CDBG-DR) program in accordance with the tasks outlined below.

The HUD provides flexible grants to assist cities, counties and states recover from Presidentially declared disasters or pandemics, especially in low-income areas, subject to availability of supplemental appropriations. In response to Presidentially declared disasters, Congress may appropriate additional funding for the State’s CDBG Program as Disaster Recovery grants to rebuild the affected areas and provide crucial seed money to start the recovery process. CDBG-DR funding is designed to address housing, infrastructure and economic development needs that remain after other assistance has been exhausted, including federal assistance as well as private insurance. Since CDBG-DR assistance may fund a broad range of recovery activities, this program can assist communities and neighborhoods that otherwise might not recover due to limited resources.

Commerce is the lead agency and responsible entity for administering the CDBG-DR funds allocated to the State. The anticipated funding shall be used to satisfy a portion of unmet needs that remain after other federal assistance such as the Federal Emergency Management Agency (FEMA), Small Business Administration (SBA), or private insurance has been allocated.

Contractor is responsible for planning, developing, and implementing a scaled public outreach program centered around the Rebuild Florida Housing Repair and Replacement Program (HRRP) related to long-term disaster recovery from 2023 and 2024 storms, collectively referred to as “the Programs” or individually as “the Program.” The services and activities that the Contractor shall provide for the Programs include, but are not limited to, developing a comprehensive digital marketing campaign inclusive of social media advertising, email marketing, earned media, and search engine optimization (SEO) strategies to educate the target audience about the Rebuild Florida HRRP.

Contractor must also implement grassroots initiatives in communities across the State to engage directly with low to moderate income (LMI) populations by hosting community events, workshops, and information sessions to provide in-person education about the HRRP.

1.1 Major Program Goals

Contractor shall assist with the launch of the first phase of the CDBG-DR program by maximizing public awareness of potential CDBG-DR programs and funding available to assist communities impacted by the 2023 and 2024 storms. The overall goal of the Contractor in this project is to perform the services necessary to drive HRRP application creation in quantities sufficient to obligate the total funding allocated to the HRRP. Success criteria will be measured by the submission of either an HRRP Pre-Application Assessment or the subsequent submission of an official application to the 2023 and 2024 Storms HRRP by eligible LMI property owners in MID areas.

2.0 Minimally Required Deliverables/Tasks for Marketing Services

2.1 Contractor Responsibilities for HRRP Outreach

a. Introduction, Project Plan and Project Schedule

i. Coordinate with Commerce staff within two (2) weeks of contract execution, the review of technical and business requirements for the major activities, including, but not limited to, the Strategic Outreach plan and marketing materials to be utilized in this outreach program.

ii. Conduct deep-dive briefing session with Commerce stakeholders to gain situational awareness of the CDBG-DR program, as well as updates from Commerce.

iii. Organize, schedule, and conduct an outreach requirements workshop.

iv. Develop and submit to Commerce within 30 calendar days of contract execution, a

Project Plan and Project Schedule which describes in detail the requirements of the outreach plan and the major milestones and deliverables.

b. Project Timeline and Reporting

i. Contractor shall provide a minimum of one executive briefing to Commerce per week via conference call or in-person meeting which must outline all activities completed to date, all work currently underway, and all work planned both in the short term (within 60-day period immediately following the report date) and long-term (the 60-day period beginning on the 61st day immediately following the report date).

ii. Contractor must provide Commerce notice of all subcontractors it intends to hire to accomplish the major program goals. All employees and subcontractors must meet Florida regulatory and compliance guidelines and pass Commerce background checks.

iii. Contractor agrees to follow State established recovery priorities, including, but not limited to, the prioritization of low-income residents who are most vulnerable, including the elderly, those with disabilities and families with children under the age of 18.

iv. Contractor must provide timelines for all aspects of the Contractor Responsibilities, as outlined in project plan and estimated completion of all tasks to be included in the formal weekly briefing.

v. Contractor shall provide a project management tracking system accounting for all the project tasks and completed and ongoing efforts. This project management system shall be subject to Commerce approval.

c. Media and Outreach Plan and Creative Elements

Contractor shall develop an outreach and communications plan, with Commerce’s approval, to reach the target audience(s), including all creative elements with a proposed media mix, estimated impressions and measurement.

i. Contractor shall develop and execute, with Commerce’s approval, the planning and placing of all types of outreach activities such as TV, cable, radio, digital, outdoor, direct mail, direct calls, direct engagement, and others. Contractor shall ensure the outreach and media plan developed and implemented includes targeting individuals who are eligible to apply, and which meets HUD’s requirements by the date specified in the Commerce approved project plan.

ii. Contractor shall include added value, such as data insight, content creation or data analysis in media and outreach plan.

iii. Contractor’s media and outreach plan and creative materials shall comply with the Fair Housing Act and shall include outreach in furtherance of Fair Housing objectives.

iv. Contractor shall assist Commerce in maintaining consistent communications with state and local governmental organizations. Contractor shall maintain and document any additional communications with other entities with whom the Contractor communicated, including the frequency of engagement, communication medium, and the information provided.

v. Prior to the public use of any document, Contractor must provide a copy of the proposed document to Commerce for approval. Contractor shall also provide to Commerce for approval any program document that Contractor seeks to utilize with program applicants.

vi. Contractor shall provide the proposed number of applications to be generated by each specific outreach program and media strategy as well as a cost estimate for each program. This cost estimate must provide a total cost, as well as an average cost per individual application.

vii. The Contractor shall assist with the content maintenance of the Commerce full transparency website, clearly portraying all aspects of the recovery.

d. Outreach Implementation Activities

Contractor shall implement grassroots initiatives in MID communities across the State to engage directly with low to moderate income populations throughout the lifecycle of the HRRP application period. Contractor shall organize community events, workshops, and information sessions to provide in-person education about the HRRP with the desired outcome being application creation through the Rebuild Florida Pre-Application Assessment and official application submission to the 2023 and 2024 Storms HRRP.

i. Within 60 days of contract execution, Contractor must schedule and host a minimum of three (3) community workshops in areas identified by Commerce and the Contractor as a community that would benefit from in-person engagement. The geography of workshops will be based upon Contractor’s data driven needs assessment. Workshops may be conducted standalone or as part of another State agency or community’s pre-scheduled community event. Contractor shall recommend localities which may not have widespread access to broadband infrastructure as part of the rationale for selecting areas for in-person community events. Following the initial 60-day period, Contractor must arrange a minimum of three community events per month until the closure of the HRRP application period.

Commerce may agree to lessening or increasing the number of events based upon the total number of eligible applications created throughout the application lifecycle.

ii. Contractor shall aid in the development and distribution of informational materials, such as brochures, flyers, billboards, and door hangers to raise awareness of the HRRP throughout the entirety of the application lifecycle. These programmatic materials shall be strategically placed in high-traffic areas frequented by the target demographic such as community centers, libraries, executive agencies, places of worship, and local businesses with the goal of ensuring individuals are informed about the program and motivated to apply for assistance in large volumes.

iii. Contractor must ensure that all contract personnel (from prime to all subcontractors associated with the Contract) who interact with the public are identified by a standard color collared shirt and photo identification. The words: ‘Rebuild Florida’ and ‘Contractor’ are required to be clearly visible on both the shirt and photo identification badges. Contractor must, on a monthly basis, provide a statistical summary of materials created and distributed, community events conducted and planned, and an alternatives analysis for scenarios where current strategies are not resulting in the desired number of created applications.

iv. Upon commencement of outreach implementation activities, Contractor must, on a weekly basis, analyze the outcomes of the direct engagement activities listed above to recommend alternative strategies if necessary. Contractor must provide work performance data to Commerce which showcases the outcome of each outreach activity to determine the value add of each activity.

2.2 Deliverable, Tasks, Performance Measures, and Financial Consequences

Deliverable No. 1 – Project Plan and Project Schedule Tasks Performance Measures Financial Consequences

Contractor shall complete the Implementation tasks in accordance with section 2.1.a and 2.1.b within the timeframe specified in the approved project schedule.

Contractor must conduct meetings, within the specified timeframe, with Commerce stakeholders and submit a completed Project Plan and Project Schedule, as specified in Section 2.1.a and 2.1.b.

Project Plan and Project Schedule, and any other required documentation must be approved by Commerce Project manager

Failure to provide Project Plan and Project Schedule, as specified, will result in a penalty of $1,000 per business day beyond the due date, until submission.

Financial consequences shall be cumulative and assessed on any amount due under this deliverable.

Deliverable No.1 - $__________.__ Deliverable No. 2 – Communications/Outreach Plan and Creative Elements

Tasks Performance Measures Financial Consequences

Contractor shall design, develop, and implement a comprehensive strategic communications plan and marketing campaign which includes targeting individuals who are eligible to apply and meets HUD’s requirements by the date specified in the Commerce approved project plan.

Contractor must design, develop, and implement communications plan and marketing campaign, as specified in section 2.1.c.

Communications plan and marketing campaign as evidenced by submission of examples of the marketing campaign, communications plan, schedule of marketing activity, and any other required documentation, which must be approved by Commerce.

Project Manager.

Failure to provide a media and marketing campaign, as specified, will result in a $2,000 fee per day for every five (5) calendar days beyond the due date, until submission.

Financial consequences shall be cumulative and assessed on any amount due under this deliverable.

Deliverable No. 2 - $__________.

Deliverable No. 3 – Outreach Implementation Activities Tasks Performance Measures Financial Consequences

Contractor shall design and execute a strategic outreach plan which includes door-to-door campaigns, flyer distribution, program education workshops, and mobile canvassing efforts.

Contractor must implement the tasks set forth in this deliverable until application intake closure.

Contractor must execute outreach implementation activities, as specified in Section 2.1.d.

Deliverable shall be evidenced by submission of weekly/ monthly reports of the number of outreach activities undertaken, materials created and distributed by geography, and any other required documentation, which must be approved by Commerce Project Manager

Failure to meet the standards as specified in this section shall result in a 5% deduction of the deliverable cost for every month the performance standards are not achieved.

Financial consequences shall be cumulative and assessed on any amount due under this deliverable.

Deliverable 3 - $__________.__

3.0 Staffing Levels

Contractor’s proposed staff and organization must be sufficient to provide the required services throughout the Contract term. Proposed individual skill level must be consistent with Contractor’s project plan. Proposed staff resumes must be provided and must reflect experience with projects of similar size and complexity. Commerce reserves the right to reject any proposed team member throughout the duration of the Contract. Contractor shall staff the project with a sufficient number of key staff identified in their reply to fulfill the Contract. Commerce shall consider these personnel to be essential to the project. At a minimum, these key staff positions shall be solely dedicated to the project and be available throughout the project. Key staff positions shall, at a minimum, include a Project Manager, and sufficient subject matter experts in one or more of the areas listed under ‘Contractor Responsibilities’ to fulfill the needs of all the requirements of the deliverables listed in this contract. Additional named staff and on-site requirements shall be determined through agreement between the Contractor and Commerce.

4.0 Professional Qualifications

Contractor shall, at a minimum, provide competent and adequately trained personnel with the knowledge, experience, and expertise as follows: a. Contractor’s personnel must have experience in complex public awareness and communications projects. b. Contractor’s personnel must have expertise in planning and placing of all types of communications activities such as TV, cable, radio, digital, outdoor, direct mail, and direct calls. The person responsible as Project Manager must possess a working knowledge of all applicable Federal CDBG-DR and the State program policies, requirements, and procedures. The Project Manager shall provide direct supervision to all other Contractor personnel. Key staff are to include, but are not limited to, personnel who are trained and knowledgeable in the following areas: media planning and buying; community outreach; project management; data insight; customer services; fair housing/equal opportunity compliance. Key staff shall possess the following:

a. Excellent written and oral communication skills, strong analytical skills, ability to work independently, and effective interpersonal skills.

b. Knowledge, skills, and abilities necessary in order to track and analyze work data and ensure compliance with established policies and procedures.

c. Subject matter expertise in the federal grants management field.

5.0 Staffing Changes

Contractor shall staff the project with key personnel identified in the Contractor’s response, which are considered by Commerce to be essential to this project. If practicable under the circumstances, Contractor shall within not less than (10) business days prior to substituting any key personnel, Contractor shall notify and obtain written approval from Commerce. Written justification should include documentation of the circumstances requiring the changes and a list of the proposed substitutions in sufficient detail, including resumes of proposed substitutes, to permit evaluation of the impact on the project or delivery of services. Commerce, at its discretion, may agree to accept personnel of equal or superior qualifications if circumstances necessitate the replacement of previously assigned personnel.

6.0 Employment Verification (E-Verify)

A. E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E- Verify. The Department of Homeland Security’s E-Verify system can be found at:

https://www.e-verify.gov/.

B. In accordance with Section 448.095, F.S., the State requires the following:

(1) Every public agency and its contractors and subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees.

A public agency or a contractor or subcontractors thereof may not enter into a contract unless each Party to the contract registers with and uses the E-Verify system.

(2) An employer shall verify each new employee’s employment within three (3) business days after the first day that the new employee begins working for pay as required under https://www.e-verify.gov/

8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-verify system to verify the employee’s employment eligibility.

C. If Contractor does not use E-Verify, Contractor shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Contract.

7.0 Prohibition Against Contracting with Scrutinized Companies; Contractor Certifications

Contractor is ineligible to, and may not, bid on, submit a response for, or enter into or renew this contract with Commerce if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, F.S., or is engaged in a boycott of Israel. At the time Contractor submits a bid or response for this contract, Contractor must certify that it is not participating in a boycott of Israel. Commerce may terminate this contract at its option if Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

In addition to the provisions in the preceding paragraph, If the value of this contract is $1,000,000 or more, not including renewal years, Contractor is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew this contract with Commerce if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, Contractor is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S., or is engaged in business operations in Cuba or Syria. Furthermore, at the time Contractor submits a bid or proposal for such a contract, Contractor must also certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. Commerce may terminate this contract at its option if Contractor is found to have submitted a false certification under this section 2.4, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.

A. If Commerce determines that Contractor has submitted a false certification, Commerce will provide written notice to Contractor. Unless Contractor demonstrates in writing, within ninety

(90) days of receipt of the notice, that Commerce’s determination of false certification was made in error, Commerce shall bring a civil action against Contractor. If Commerce’s determination is upheld, a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed on Contractor, and the Contractor will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date of Commerce’s determination of false certification by Contractor.

B. If federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void.

In accordance with section 287.138, F.S., a contract between a governmental entity and an entity which would give access to an individual’s personal identifying information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form,”(ATTACHMENT C) which is incorporated herein by reference. Prior to execution of the Contract, Contractor must provide Commerce with a signed Foreign Country of Concern Attestation Form pursuant to section 287.138(4), F.S., and rule 60A-1.020, F.A.C.

8.0 Prohibition Against Contracting with Antitrust Violators

Pursuant to section 287.137(2)(a), F.S., “a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

9.0 Service Times

Contractor shall maintain the following minimum hours of operation, Eastern Standard Time (EST), in the following counties:

Brevard, Charlotte, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Lake, Manatee, Monroe, Okeechobee, Osceola, Pinellas, Polk, Putnam, St. Johns, and Seminole– from 8 a.m. E.S.T until 6 p.m. E.S.T, Monday through Friday, not including any State or federally recognized holidays.

10.0 Commerce Contract Liaisons

Commerce designates as its Contract Manager, Taylor Bane, who can be contacted by telephone at (850) 717-8529 or via email at taylor.bane@commerce.fl.gov.

Commerce designates as its Project Manager for Subrecipient Programs, Garnet Nevels, who can be contacted by telephone at (850) 921-3295 or via email at garnet.nevels@ commerce.fl.gov .

Commerce designates as its Project Manager for Housing Programs, Thomas Hartman, who can be contacted by telephone at (850) 717-8441 or via email at thomas.hartman@commerce.fl.gov.

Commerce designates as its Procurement Officer, Tammy Davis, who can be contacted by telephone at (850) 245-7467 or via email at FloridaCommerce.Purchasing@commerce.fl.gov.

Commerce reserves the right to adjust Contract Liaisons at any time as its sole discretion and will notify the Contractor, via email, of any changes.

11.0 Contract Period

The Contract anticipated start date is within the 30 days of the contract award by Commerce, and shall end on the Contract end date, unless terminated sooner. This Contract shall be in effect for 18 months.

*The Contract shall be contingent upon renewal of STC Number 82101800-24-STC, which expires 12/15/2027, and the Contractor is contracted to provide services under the renewed STC Number.

mailto:taylor.bane@commerce.fl.gov.

mailto:garnet.nevels@deo.myflorida.com mailto:thomas.hartman@commerce.fl.gov.

mailto:FloridaCommerce.Purchasing@commerce.fl.gov

*If STC Number 82101800-24-STC is not renewed and the Contractor is not contracted to provide services under the STC Number, then this Contract shall be void.

11.1 Renewal

Renewals must be in writing and are subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the Parties.

Commerce, at its discretion, may renew the Contract up to an additional three (3) one-year periods. Renewals are contingent upon availability of funds, satisfactory performance evaluations by Commerce Contract Manager, renewal of STC Number 82101800-24-STC, if applicable, and shall be at the discretion of Commerce.

12.0 Invoicing Instructions

A. Payment shall be made in accordance with sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors shall result in a delay in payment. Commerce is responsible for all payments under this Contract.

B. Invoices shall contain the Contract number, payment instructions, and the appropriate

Federal Employer Identification Number (FEIN). Commerce may require any other information from the Contractor that the State deems necessary to verify that the goods and or services have been rendered under the Contract.

C. Contractor shall submit invoices and applicable supporting documentation to Commerce’s

Contract Manager on or before the 15th of each month for the services rendered the previous month. If there are any questions or concerns regarding your invoice, you may contact Commerce’s Contract Manager listed herein with questions. All invoices must be submitted in accordance with the State Reference Guide for State Expenditures (https://www.myfloridacfo.com/docs- sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state- expenditures.pdf).

Commerce’s performance and obligation to pay under this Contract are contingent upon an annual appropriation by the Legislature. See § 287.0582 F.S.

D. Contractor must accept electronic check, ACH, and/or check cards as a payment option.

Commerce will not issue paper checks for payment.

E. Contractor shall provide complete pricing information, as detailed above, for all items, per

Contract year and including each renewal year, if applicable. All requests for compensation for services or expenses must be submitted in detail sufficient for a pre-audit and post- audit in accordance with subsection 287.058(1) (a), F.S.

13.0 Confidentiality and Safeguarding Information

Each Party may have access to confidential information made available by the other. The https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2 provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable State and federal laws will govern disclosure of any confidential information received by the State.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via e- mail at PRRequest@commerce.fl.gov, or by mail at Department of Commerce, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.

Contractor must implement procedures to ensure the protection and confidentiality of all data, files, and records involved with this Contract.

Contractor shall keep and maintain public records, as defined in section 119.011(12), F.S., required by Commerce to perform of this Contract. Upon request from Commerce, Contractor shall provide Commerce with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, F.S., or as otherwise provided by law.

Except as necessary to fulfill the terms of this Contract and with the permission of Commerce, Contractor shall not divulge to third parties any confidential information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Commerce.

Contractor agrees not to use or disclose any information concerning a recipient of services under this Contract for any purpose not in conformity with State and federal law or regulations except upon written consent of the recipient, or his responsible parent or guardian when authorized by law, if applicable.

If Contractor has access to confidential information in order to fulfill Contractor’s obligations under this Contract, Contractor agrees to abide by all applicable Commerce Information Technology Security procedures and policies. Contractor (including its employees, subcontractors, agents, or any other individuals to whom Contractor exposes confidential information obtained under this Contract), shall not store, or allow to be stored, any confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall constitute a breach of contract.

Contractor shall notify Commerce in writing of any disclosure of unsecured confidential information of Commerce by Contractor, its employees, agents or representatives which is not in compliance with the terms of the Contract (of which it becomes aware). Contractor also shall report to Commerce any Security Incidents of which it becomes aware, including those incidents reported to Contractor by its sub-contractors or agents. For purposes of this Contract, “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of Commerce information in Contractor’s possession or electronic interference with mailto:PRRequest@commerce.fl.gov, Commerce operations; however, random attempts at access shall not be considered a security incident. Contractor shall make a report to Commerce not more than seven (7) business days after Contractor learns of such use or disclosure. Contractor’s report shall identify, to the extent known:

(i) the nature of the unauthorized use or disclosure, (ii) the confidential information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide such other information, including a written report, as reasonably requested by Commerce’s Information Security Manager, at Contractor’s sole expense.

In the event of a breach of security concerning confidential personal information involved with this Contract, Contractor shall comply with the provisions of section 501.171, F.S.. When notification to affected persons is required under this section of the statute, Contractor shall provide that notification, at Contractor’s sole expense, but only after receipt of Commerce’s approval of the contents of the notice. Defined statutorily, and for purposes of this Contract, “breach of security” or “breach” means the unauthorized access of data in electronic form containing personal data.

Good faith acquisition of personal information by an employee or agent of Contractor is not a breach, provided the information is not used for a purpose unrelated to Contractor’s obligations under this Contract or is not subject to further unauthorized use.

Upon completion of this Contract, Contractor shall transfer to Commerce all public records in possession of Contractor or keep and maintain public records required by Commerce to perform work under this Contract. If Contractor transfers all public records to Commerce upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Commerce, upon request from Commerce’s custodian of public records, in a format that is compatible with the information technology systems of Commerce.

14.0 Indemnification

Contractor shall be fully liable for the actions of its agents, employees, partners, and subcontractors and shall fully indemnify, defend, and hold harmless the State and Commerce, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that Contractor shall not indemnify for that portion of any loss or damages exclusively caused by the negligent act or omission of the State or Commerce.

Further, Contractor shall fully indemnify, defend, and hold harmless the State and Commerce from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to Commerce’s misuse or modification of Contractor’s products or Commerce’s operation or use of Contractor’s products in a manner not contemplated by the Contract. If any product is the subject of an infringement suit, or in Contractor’s opinion is likely to become the subject of such a suit, Contractor may at its sole expense procure for Commerce the right to continue using the product or to modify it to become non-infringing. If Contractor is not reasonably able to modify or otherwise secure Commerce the right to continue using the product, Contractor shall remove the product and refund Commerce the amounts paid in excess of a reasonable rental for past use.

Commerce shall not be liable for any royalties.

Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Commerce giving Contractor: (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense.

Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Commerce in any legal action without Contractor’s prior written consent, which shall not be unreasonably withheld.

15.0 Termination

15.1 Termination Due to the Lack of Funds

In the event funds to finance this Contract become unavailable, or if federal or State funds upon which this Contract is dependent are withdrawn or redirected, Commerce may terminate this Contract upon no less than 24 hours’ notice in writing to Contractor. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery.

Commerce shall be the final authority as to the availability of funds and will not reallocate funds earmarked for this Contract to another program thus causing “lack of funds.” In the event of termination of this Contract, Contractor will be compensated for any work satisfactorily completed prior to notification of termination however Contractor will not be entitled to lost profits or any other damages.

15.2 Termination for Cause

Commerce may terminate the Contract if Contractor fails to: (1) provide the services/products within the timeframe specified in the Contract or any extension; (2) maintain adequate progress, as determined solely by Commerce, thus endangering performance of the Contract;

(3) honor any term of the Contract; or (4) abide by any statutory, regulatory, or licensing requirement. Contractor shall continue work on any work not terminated. The rights and remedies of Commerce in this clause are in addition to any other rights and remedies provided by law or under the Contract.

15.3 Termination for Convenience

Commerce, by written notice to Contractor, may terminate the Contract in whole or in part when Commerce determines in its sole discretion that it is in the State’s interest to do so.

Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. Contractor shall not be entitled to recover any cancellation charges or lost profits.

16.0 Financial Consequences for Non-Performance

Financial consequences shall apply for non-performance of the contract by a Contractor. The State shall apply financial consequences identified by Commerce Contract Manager. In addition:

In the event that a deliverable is deemed unsatisfactory by the Commerce Contract Manager, the Contractor shall re-perform the deliverable as needed for submittal of a satisfactory deliverable, at no additional cost to Commerce, within the timeframe established by Commerce.

Continued Contractor inability to perform under the conditions of the Contract, may result in default proceedings.

Failure to respond to a Commerce Contract Manager request to correct a deficiency in the performance of the Contract may result in termination of the Contract.

17.0 Exceptions to Application of the Financial Consequences Provision of the STC:

Contractor may be excused for failing to provide qualified staff as required by the terms of this Contract if such failure is beyond the control of Contractor and is approved, in writing, by Commerce Contract Manager. Excusals may be approved for such events as, but not limited to:

A. Acts or omissions of Commerce, any other State agency, or third parties other than

Contractor’s subcontractors providing services to or for Commerce;

B. Announcement of new legislation affecting services;

C. Unofficial media announcements relating to State/federal changes to legislation; or

D. Federal guidance impacting services.

Contractor shall advise Commerce Contract Manager, in writing, as soon as possible after learning of any circumstance or occurrence which has affected or will affect Contractor’s ability to achieve any of the required services. In no event shall notice to Commerce be provided more than 72 hours after such circumstance or occurrence. Commerce shall be the sole determiner of whether Contractor’s failure to provide services in accordance with the terms of this Contract is excusable.

18.0 Notification of Instances of Fraud

Incidents of Contractor’s operational fraud or criminal activities shall be reported to Commerce’s Contract Manager within 24 chronological hours.

19.0 Ownership and Intellectual Property Rights

All rights, title, and interest, including copyright interests and any other intellectual property, in and to the work developed or produced under the Contract, alone or in combination with Commerce and/or its employees, under this Contract shall be the property of Commerce.

Contractor agrees that any contribution by the Contractor or its employees to the creation of such works, including all copyright interest therein, shall be considered works made for hire by the Contractor for Commerce and that such works shall, upon their creation, be owned exclusively by Commerce. To the extent that any such works may not be considered works made for hire for Commerce under applicable law, Contractor agrees to assign and, upon their creation, automatically assigns to Commerce the ownership of such works, including copyright interests and any other intellectual property therein, without the necessity of any further consideration.

20.0 Errors and Omissions Insurance

Contractor shall obtain and keep in force during the life of the Contract Errors and Omissions Insurance at least twice the Contract amount which shall indemnify and pay on behalf of Contractor for direct loss which may be incurred due to human error, computer error, machine error, or equipment problems, whether caused by negligence, error, omission or mistake by Contractor, subcontractor, any employee, officer or agents thereof. Commerce shall be named as the additional insured. Errors and Omissions Insurance coverage shall not limit any liabilities or any other obligations that Contractor has under the Contract.

21.0 Contract Documents

The interpretation and performance of this Contract, and all transactions under it shall be governed by the laws of the State. Contract documents include the terms and conditions of this RFQ, and any addenda to it, Contractor’s response, contracts issued in accordance with the Contract, STC 82101800-24-STC, Commerce Vendor Core Contract, and the contract issued as a result of this RFQ. This Scope of Work will supersede Contractor’s response in the event of any conflicting provisions.

Commerce reserves the right to make modifications to this Contract if it is deemed to be in the best interest of Commerce or the State.

Commerce reserves the right to issue a purchase order as the contract agreement or may require Contractor to enter into another form of a definitive contract. The purchase order, if applicable, will incorporate the MyFloridaMarketplace (MFMP) Terms and Conditions, this Scope of Work and any Attachments and Addenda thereto, STC 82101800-24-STC, and the relevant portions of the Contractor’s Response. Any pre-printed purchase order terms and conditions included in the Contractor’s forms or invoices shall be null and void. If there are conflicting provisions between the documents that make up the purchase order/Contract, the order of precedence for the documents is as follows:

1. Scope of Work including any Attachments and Addenda

2. Commerce Vendor Core Contract

3. STC 82101800-24-STC

4. MFMP Terms and Conditions

5. Contractor’s Response

22.0 Governing Laws

Contractor agrees that this Contract is executed and entered into in the State, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State. Each Party shall perform its obligations herein in accordance with the terms and conditions of the Contract. The exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida;

in any such action, the Parties waive any right to jury trial. For avoidance of doubt, should any term of this Contract conflict with any applicable law, rule, or regulation, the law, rule, or regulation shall control over the provisions of this Contract.

23.0 Submission of Responses

A. Responses must be submitted, via email, to the Procurement Officer outlined in section

10.0. Commerce will award the Contract to the Response deemed to be the best overall value to the state. The Response must include:

(1) A Cost Response (Attachment A), which shall:

i. Include a response for a pricing approach for each deliverable task and deliverables specified in this RFQ.

ii. Include pricing not to exceed the Contractor’s STC rates.

(2) Description of Contractor’s relevant experience implementing a disaster recovery program(s).

(3) Biographies and resumes of proposed key personnel who will perform the services in accordance with the Scope of Work.

(4) Description of the company’s organization capacity.

(5) References (Attachment B) from two (2) separate clients, other than Commerce, for which Contractor performed work similar to that specified in this Scope of Work.

B. Responses are due according to the anticipated schedule below:

Activity

Date (Eastern Time)

Issue RFQ

3/25/2025

Technical Questions Due

3/28/2025

4:00 PM

Commerce Response to Written Questions received

4/1/2025

Cost Response due 4/4/2025

4:00 PM

Anticipated Award Date 4/30/2025

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

ATTACHMENT A

COST RESPONSE

The Respondent must propose a fixed rate for each of the tasks identified in the RFQ and Contract which is inclusive of travel, lodging, per diem expenses and all other costs associated with the completion of the deliverables associated with all tasks defined in the RFQ, Scope of Work. Rates may not be in excess of the rates provided in 82101800-24-STC. The Respondent shall complete all sections of the Cost Response for each task/deliverable, review the Scope of Work for accuracy, and ensure it is signed by an authorized representative. This individual must have the authority to bind Respondent. All deliverable fields in Attachment A, Cost Response must be completed, and no changes can be made to the deliverable titles listed. If any deliverable rates are left blank, the Cost Response will be reviewed based on the deliverables offered. If multiple rates are proposed for the deliverable, or if any changes are made to the deliverable titles listed, the Cost Response will be disqualified.

Deliverable Cost Table Total Cost Deliverable 1 – Project Plan and Project Schedule

Deliverable 2 – Communications/Outreach Plan and Creative Elements

Deliverable 3 – Outreach Implementation Activities

TOTAL $

Commerce’s performance and obligation to pay under this Contract are contingent upon an annual appropriation by the Legislature. See § 287.0582 F. S.

Respondent Name: _____________________________________________

*Authorized Representative’s Signature

*Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent.

ATTACHMENT B

REFERENCE FORM

Respondent’s Name:

The Respondent must list two (2) separate clients, other than Commerce, for which work similar to that specified in the Scope of Work. Do not include confidential clients. Do not list Commerce as a client reference. Fully complete all fields in Attachment B. DO NOT LIST COMMERCE WORK ON THIS FORM.

(Please provide at least two (2) Contact Names for each client.)

Company Name:

Address:

Contact Name:

Alternate Contact Name:

Phone:

Email:

Description of Work:

Service Dates: To

Approximate Contract Value: $

Company Name:

Address:

Contact Name:

Alternate Contact Name:

Phone:

Email:

Description of Work:

Service Dates: To

Approximate Contract Value: $

*Authorized Representative’s Signature

*Typed Name and Title of Authorized Representative *This individual must have the authority to bind the Respondent.

ATTACHMENT C

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual’s Personal Identifying Information. Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

Name of entity is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

https://www.flrules.org/gateway/RuleNo.asp?title=GENERAL%20REGULATIONS&ID=60A-1.020