ATTACHMENT A - STATEMENT OF WORK REQUEST FOR PROPOSALS (RFP) FOR FSECC FISCAL AGENT SERVICES DMS-14/15-030

Transcription

1 4050 Esplanade Way Tallahassee, Florida Tel: Fax: Rick Scott, Governor Chad Poppell, Secretary Secretary ATTACHMENT A - STATEMENT OF WORK REQUEST FOR PROPOSALS (RFP) FOR FSECC FISCAL AGENT SERVICES DMS-14/ THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES TABLE OF CONTENTS SECTION 1. SCOPE OF WORK... 2 SECTION 2. CONTRACTOR DELIVERABLES AND RESPONSIBILITIES... 3 SECTION 3. PERFORMANCE MEASURES...12 SECTION 4. FINANCIAL CONSEQUENCES FOR NONPERFORMANCE...14 SECTION 5. SUBCONTRACTORS...15 SECTION 6. ADDITIONS / DELETIONS...15 SECTION 7. TRANSITION PLAN...15 SECTION 8. PERFORMANCE BOND...16 Page 1 of 16

2 SECTION 1. SCOPE OF WORK Fiscal agent services for the Florida State Employees Charitable Campaign (FSECC) are authorized by Section , Florida Statues. There are three major services provided by the fiscal agent: (1) the receipt, accounting for, and remittance of donations made through the campaign; (2) processing charitable organization applications for participation in the campaign; and (3) administrative support functions during the fall campaign (active campaign period specified by the Department) and throughout the year. The scope of work and deliverables established in this document are subject to change based on changes to any statute or administrative rule impacting the administration of the campaign. In the event of changes to any statute or administrative rule impacting the administration of the campaign, the Department and Contractor agree to evaluate the impact of the changes on the administration of the campaign and amend the scope of work, deliverables, and fees as necessary to accommodate the changes Receipt, Accounting for, and Remittance of Donations - The primary service for fiscal agent services is the accounting and remittance of the funds raised in the campaign, the majority of which are raised through employee payroll deductions. The contractor is responsible for receiving payroll deductions, as well as employee cash/check donations, and ensuring all contributions are accounted for and payments are remitted to the appropriate charitable organizations. Tasks associated with this responsibility include: Establishing and maintaining an electronic method for employees to pledge funds and designate the appropriate charities to receive these funds; Establishing and maintaining financial account(s) and a cash/check deposit process that operates solely for administration of FSECC funds; Receiving payroll deducted funds in the form of payment from the Florida Department of Financial Services - Bureau of State Payrolls, as well as cash/check contributions from employees and accounting for the funds appropriately; Receiving pledge information from employees and reconciling pledged funds with actual funds collected through payroll deduction and cash/check deposits; Remitting monthly payments to charitable organizations based on the designation of the pledged funds actually received from employees; and Providing financial reports associated with the campaign Processing Charitable Organization Applications for Participation in the FSECC - In addition, the contractor is responsible for coordinating the application process by which charitable organizations annually apply for participation in the campaign. Tasks associated with processing applications for participation include: Receiving and processing approximately 1,200 applications and supporting documents received each year from charities wishing to participate in the FSECC (the vast majority of which are electronically submitted through the Department s online system, but could include hard copy submissions); Accessing and using the Department s proprietary web-based FSECC Online Application System to process applications as well as extract charity applicant data and reports; Providing technical support to charities in the application process; Page 2 of 16

3 Reviewing approximately 1,200 applications for participation in the campaign and making initial recommendations to approve or deny an application based on eligibility requirements contained in Section , F.S. and Rule 60L-39, F.A.C.; and Mailing correspondence notifying applicants of the determination regarding their participation in the campaign Administrative Support Functions - Administrative support functions include: Training the campaign coordinators appointed by state agencies in the art of noncoercive fundraising, campaign logistics, and any other activities necessary to administer the campaign within their respective organizations; Creating an electronic and printable brochure which includes a list of charities approved for participation in the FSECC by the Department with unique identification codes which employees use to designate recipients of pledged funds; Acting as a liaison among charitable organizations, state agency coordinators, and employees in order to help facilitate the campaign; Developing and maintaining a website to serve as the central point of communications and campaign materials for employees, charities, and agency coordinators; Compiling employee payroll pledge data and providing reports to the Department, from which the Department can create payroll processing files; Additional support functions agreed upon between the Department and the Contractor, which are necessary for administering the campaign. SECTION 2. CONTRACTOR DELIVERABLES AND RESPONSIBILITIES 2.1. Establishing and maintaining an electronic method for employees to pledge funds and designate the appropriate charities to receive these funds The electronic system shall give employees the ability to capture the following information: name, employee identification number, state agency, method of donation (cash, check or payroll deduction), the number of payroll cycles (if payroll deduction), the amount of the donation, and the charity or charities to receive the employee s donation The electronic pledge system must have the ability to export data into Microsoft Excel format By August 15 of each contract year, the electronic pledge system must be updated with any configurable information in the system that has changed from the previous year (e.g., lists of employing state agencies and participating approved charities which employees may select from when entering their pledge information) The Contractor and the Department will agree to any downtime related to a major system release or downtime for purposes of closing out a campaign year The electronic pledge system shall provide an ISAE 3402 (International Standards on Assurance Engagement No. 3402) or comparable report to ensure the proper controls are in place to ensure system is operating as intended The Contractor shall promptly notify the Department of any software malfunction discovered outside the active campaign period and ensure corrective action is initiated within one business day of discovery. When discovery of the Page 3 of 16

4 malfunction is within the active campaign period, corrective action must be initiated within two hours of discovery. The Department shall be kept apprised until resolution is reached After implementation of the electronic pledge system, any cost related to work of the Contractor necessitated by changes or enhancements to the electronic pledge system which are not initiated at the request of the Department shall be the sole responsibility of the Contractor. (For example, time spent on changes to training or presentations related to the electronic pledge system because of changes made to the electronic pledge system, when the changes were not requested by the Department shall be absorbed by the Contractor.) Develop and implement a process for accepting paper pledge forms in order to accommodate those unable to use the electronic pledge system Establishing and maintaining financial account(s) and a cash/check deposit process that operates solely for administration of FSECC funds By November 1, 2015, the Contractor shall establish and maintain a bank account(s) which will be exclusively used to accept Electronic Funds Transfer (EFT) payments from the Bureau of State Payrolls and to deposit any cash or check funds raised in the campaign The Contractor shall develop and implement a process to allow agency volunteers to securely deposit funds into the FSECC bank account throughout the State of Florida Within two business days of receipt, all checks (which will all be made out to the FSECC) will be deposited by the Contractor Receiving payroll deducted funds in the form of payment from the Florida Department of Financial Services - Bureau of State Payrolls (BOSP) as well as cash/check contributions from employees and accounting for the funds appropriately The Contractor will establish a vendor account with BOSP and shall be responsible for adhering to all BOSP requirements with respect to accessing payroll data and performing any financial reconciliation functions Receiving pledge information from employees and reconciling pledged funds with actual funds collected through payroll deduction and cash/check deposits Within 20 business days of the close of each fall campaign, the Contractor shall enter any paper pledges received into the electronic pledge system Within 30 business days of the close of the fall campaign, the Contractor shall reconcile cash and check pledges made with actual cash and checks received and notify agency volunteers of any cash or check donations made in the electronic pledge system which have not been collected with instructions to attempt to collect the pledges Within 30 business days of the start of the fall campaign, the Contractor shall reconcile any cash and check pledges made after the close of the previous fall campaign but prior to the start of the new fall campaign with actual cash and checks received and notify agency volunteers of any cash or check donations made in the electronic pledge system which are have not been collected with instructions to attempt to collect the pledges Monitor payments made from Department of Financial Services to Contractor through payroll deduction on a monthly basis by consulting the Department of Page 4 of 16

5 Financial Services Consolidated Deduction System. There will be a minimum of three payments made each month of the calendar year (two payments for biweekly payroll cycle employees and one payment for monthly payroll cycle employees), however there may be additional payments depending on whether agencies run supplemental payrolls during off cycles in a given month Reconcile payments made through payroll deduction against expected payroll pledges based on information in the electronic pledge system and note differences for unusual discrepancies. Because payroll deductions vary from month to month due to employee attrition, payroll deduction cancellation, etc., there is variance expected and there is no expectation for the Contractor to reconcile these variances at the individual employee level and collect these voluntary funds from employees Remitting monthly payments to charitable organizations based on the designation of the pledged funds received from employees By January 15 of each year following the close of the fall campaign, the Contractor shall establish each charity s percentage of designated pledges received relative to total pledges. This percentage will be used to determine the amount of payroll deducted funds each charity will receive monthly Payroll deductions shall be remitted to charities no later than the last day of the calendar month following the month the funds were collected. (Payroll deductions pledged for each campaign begin in January following the close of the fall campaign and end with the last paycheck in December. For example, payroll funds collected by the Contractor in January 2016 shall be distributed to charities no later than February 28, 2016) Payroll deductions collected shall be distributed to charities in accordance with the percentage of total designations calculated by January 15 for each charity. For example, if a charity receives 15% of designations, then that charity will receive 15% of payroll deductions collected each month, regardless of the total amount of payroll deductions collected each month. (This is to account for the fluctuation that occurs to payroll deductions on a regular basis due to factors such as employee attrition.) Cash and check funds that are collected during the fall campaign drive shall be distributed to charities in accordance with the designations provided by the employees who made the contributions. These funds shall be included with the first distribution made from each campaign. (For example, the distribution made on or before February 28, 2016 will include all cash and check funds that were collected during the fall 2015 campaign in addition to distributing payroll deductions that were collected in January, 2016.) Additional cash and check funds that are collected throughout the year after the close of the fall campaign (i.e., December through August of each campaign year) shall be distributed to charities in accordance with designations made by employees who made the contributions and shall be included with the distribution of funds that were collected in August of each campaign year, prior to the kickoff of the next year s campaign in September Funds shall be remitted to the charities federations (also known as umbrella groups) and not to the individual charities unless the participating charities are considered to be independent unaffiliated organizations. (For the campaign year, there are 37 federations and 43 independent unaffiliated Page 5 of 16

6 organizations participating in the campaign, although these numbers will fluctuate from year to year and not all participating charities will receive designated funds.) 2.6. Providing financial and management reports associated with the campaign Contractor shall provide the following reports in electronic format: Monthly Activity Report The Contractor shall furnish the Department with a report of all actions taken during the calendar month. This report shall include information such as: tasks performed, deliverables met, upcoming scheduled activities, minutes or notes of meetings, relevant data and metrics, or any other information related to the campaign. This report shall be provided by the 20 th day following the month of activities reported Monthly Distribution Report The Contractor shall furnish the Department with a summary of distributions to federations (also known as umbrella groups) and independent unaffiliated organizations on a monthly basis. The report shall include the name of the payee, the number of receiving charities represented by each payee, the date of payment, the net amount of payment, the transaction number of each payment, totals for each required field (where applicable) and any other relevant information agreed upon by the Contractor and the Department. This report shall be provided by the 20 th day of the month following the distributions Monthly Performance Measure Report The Contractor shall furnish the Department with a summary of the levels of performance described in Section 3. Performance Measures, and whether the Contractor met, failed to meet, or exceeded each performance measure. The report must include documentation supporting the Contractor s performance level for the month. If the Contractor fails to meet the standard for a performance measure, the Contractor must provide the reasons for failure to meet the performance standard. If a Performance Measure is not applicable for a particular month, the Contractor must note this in the report and describe why the performance measure is not applicable. The report shall be provided by the 20 th day of the month following the month of the activity being measured Annual Pledge Report The Contractor shall furnish the Department with a report of all pledged dollars in the active campaign for each charity. The report must include the total number of pledges and total dollar amount of pledges for each charity as well as the totals by methods of contribution (i.e., one-time contributions and payroll contributions). This report shall be provided by January 15 following the conclusion of each active campaign Annual Expected Distribution Report - The Contractor shall furnish each federation and independent unaffiliated agency with an annual report detailing the expected distribution for each of the organization s member charities based on the annual pledge report minus expected fees for the Contractor. This report shall be provided to each federation and independent unaffiliated agency by the distribution deadline of February 28 each year Annual Closeout Report The Contractor shall furnish the Department with an annual summary of distribution activity. The report must include the total pledged amount, the total funds collected, the total fees withheld by the Contractor, and the total distribution amount, all listed by federation and Page 6 of 16

7 independent unaffiliated agency (where applicable). This report shall be provided to the Department no later than 30 days following the final distribution each year Resource Allocation Report The Contractor shall furnish the Department with a quarterly report of hours spent on activities related to the FSECC by task area. The report must document the hours spent by the Contractor s employees engaged in FSECC activities. This report shall be provided by the 20 th of each month following the quarter in which the activities being reported occurred Processing and receiving the applications for participation received each year from charities wishing to participate in the FSECC Applications are required to be submitted annually during the application window which opens in early January of each year and ends on March 1. The vast majority of applications (approximately 1,200) are submitted using an electronic application system developed and maintained by the Department of Management Services. The Contractor will be given administrator access to view applications in the electronic system Charities are able to submit applications in paper format directly to the Contractor. Any applications received in paper format by the Contractor shall be entered in the electronic application system for review Charities are required to submit three pieces of supporting documentation with their application. While charities are able to attach the supporting documentation electronically to their application in the electronic system, charities may send hard copies directly to the Contractor. The Contractor shall receive documentation and note when the documentation was received as part of the charity s application package Upon request, the Contractor shall provide the Department with copies of any paper application materials submitted Providing technical support to charities in the application process The Contractor shall establish a toll free telephone number and program support electronic mail ( ) address which charities may use to contact the Contractor with questions regarding the application process The Contractor shall notify federations and independent unaffiliated organizations that participated in the campaign via when the charity application window for the FSECC is opened, which is no later than the second Monday in January each year The Contractor shall be responsible for providing general assistance to charities during the application process. The Department will provide the Contractor with an overview of the online application system and the charity application process so that the Contractor may perform this responsibility Questions which are not able to be answered by the Contractor or require a policy decision shall be referred to the Department Reviewing approximately 1,200 applications for participation in the campaign, making initial recommendations to approve or deny an application based on eligibility requirements contained in Section , F.S. and Rule 60L-39, F.A.C., and updating Page 7 of 16

8 the status of applications based on Steering Committee and Secretary of Management Services determinations By April 1 of each year, the Contractor shall review applications based on guidance from the Department and will make recommendations in the electronic application system which indicate whether an organization s application for participation in the FSECC should be approved or denied The Contractor shall notify the Department via electronic mail that the review has been completed and all applications have a recommendation Within five business days of receipt of the Department s determinations regarding whether to approve or deny applications, the Contractor shall update the status of applications with the determinations provided by the Department Mailing correspondence notifying applicants of the determination regarding their participation in the campaign The Contractor shall print the letters notifying charities of their application status which are automatically generated by the online application system Within seven business days of the receipt of the Department s determinations regarding whether to approve or deny applications, the Contractor shall mail, via certified return receipt mail, the letters notifying organizations of denial of participation in the campaign Within fourteen business days of the receipt of the Department s determinations regarding whether to approve or deny applications, the Contractor shall mail the letters notifying organizations of approval of participation in the campaign Within one business day of mailing the denial letters, the Contractor shall send a report to each federation via electronic mail, listing all the charities that applied under their umbrella group and the status of their applications Training the campaign coordinators in the art of non-coercive fundraising and any other activities necessary to administer the campaign such as campaign logistics At least one month prior to the start of each active campaign period, the Contractor shall develop and deliver an on-site training session for state employees designated as Statewide Agency Coordinators (SACs) in Tallahassee, Florida, with an option for registrants to participate remotely. The Contractor shall provide proposed training materials to the Department for approval and shall allow at least two weeks for review by the Department. Topics of the training material must include: Overview of the campaign; Their roles and responsibilities as well as the roles of the other stakeholders in the campaign; Key dates associated with the campaign; Navigation, content and use of materials located on the campaign website; Navigation, content and use of the electronic pledge system; Copies of specific laws and rules that govern the campaign; and Contact information for the fiscal agent and information regarding resources for agency coordinators At least one month prior to the start of each active campaign period, the Contractor shall develop and deliver on-site training sessions for state employees designated as Local Area Coordinators (LACs) in Tallahassee, Florida, with an Page 8 of 16

9 option for registrants to participate remotely. The Contractor shall provide proposed training materials to the Department for approval and shall allow at least two weeks for review by the Department. Topics of the training material must include: Overview of the campaign; Their roles and responsibilities; Key dates associated with the campaign; Navigation, content and use of materials located on the campaign website; Navigation and content located on the electronic pledge system; Copies of specific laws and rules that govern the campaign; and Contact information for the fiscal agent and information regarding resources for agency coordinators Prior to the conclusion of each active campaign period, the Contractor shall develop and deliver a remote training session for state employees serving as payroll coordinators for the campaign throughout the state. The Contractor shall provide proposed training materials to the Department for approval and shall allow at least two weeks for review by the Department. Topics of the training material must include the roles and responsibilities of payroll coordinators regarding: Manual corrections in the Department s human resource information system (HRIS) based on mass load error reports; Employees who wish to sign up for a payroll deduction outside of the formal fall campaign dates; Employee transfers to/from other agencies throughout the year who have an FSECC payroll deduction; Roles and responsibilities of the Department and the fiscal agent regarding the mass load process by which employee pledges are established in the HRIS as payroll deductions; Key dates associated with the campaign, mass loads, and payroll warrants; Navigation, content and use of materials located on the campaign website; Navigation, content and use of reports located on the electronic pledge system; and Contact information for the fiscal agent and information regarding resources for agency coordinators The Contractor shall develop and electronically distribute to agency volunteers, campaign planning and marketing materials such as ideas for special events, campaign logo, posters and fliers The Contractor shall, in coordination with the Department, identify dates and locations for coordinator training sessions for each campaign year to be held at least one month prior to the start of each active campaign. The Contractor will communicate the dates and locations for training sessions and register participants for their respective sessions. Page 9 of 16

10 2.14. The Contractor shall develop two documents (one specific to employees and one specific to agency coordinators) with answers to frequently asked questions related to the campaign The Contractor shall develop campaign toolkits and orientation manuals for agency volunteers that provide detailed holistic instructions on how to administer the campaign in accordance with the Contractor s established processes The Contractor shall produce and deliver all training materials ahead of sessions including sign-in sheets, agendas, copies of slides, forms, screen shots of the online pledge system, charity brochure, campaign toolkit and the orientation manual for SACs and LACs The Contractor shall allow DMS sufficient time to review and edit agendas, new forms, webpages and all other training materials in advance of training sessions The Contractor shall post all training materials on the campaign website The Contractor shall develop training information for employees related to using the electronic pledge system including: Key dates associated with the campaign; Navigation and content located on the campaign website; Navigation and content located on the electronic pledge system; and Contact information for the fiscal agent and information regarding resources for employees Creating an electronic and printable brochure which includes a list of charities approved for participation in the FSECC by the Department and that contain unique identification codes from which employees may use to designate recipients of pledged funds The Contractor shall create a printable brochure in PDF format which includes a listing for all charities approved for participation in the campaign grouped alphabetically under their respective federation (also known as umbrella group). Independent unaffiliated organizations shall be listed alphabetically after all other federations Each listing in both the electronic and printable brochures shall include the name of the organization, a 25 word statement provided by the charity which describes the activities of the charity, a contact number provided by the charity, a website (if any) provided by the charity, and the administrative expense percentage provided by the charity. This information is provided by the charity in the application for participation and may be extracted electronically from the online application system The Contractor shall assign each listing in both the electronic and printable brochure a unique identifying number that can be used to assist with the distribution of funds based on employee designations. The identifying numbers for charities in the printable brochure shall correspond with the identifying numbers in the electronic brochure. Page 10 of 16

11 2.21. Acting as a liaison among charitable organizations, state agency volunteers and employees in order to help facilitate the campaign The Contractor shall establish a toll free telephone number and program support electronic mail address which charities, agency volunteers and employees may use to contact the Contractor with general questions regarding the FSECC The Contractor shall maintain contact information and distribution lists for the following groups: Charities approved for participation in the campaign; Statewide agency coordinators (agency employees appointed to coordinate the campaign at their respective agencies); and Agency payroll coordinators (agency employees appointed to serve as a liaison with the fiscal agent and the Department regarding FSECC related payroll issues) The Contractor shall distribute information to the distribution lists upon request of the Department The Contractor shall not include a logo, slogan, job title or any other image representing an organization on any materials or correspondence related to the FSECC other than the official campaign logo and slogan approved by the Department The Contractor shall not use their role as fiscal agent to promote any other products or services offered by the Contractor Developing and maintaining a website to serve as the central point of communications for employees, charities and agency volunteers The Contractor shall coordinate with the previous Contractor to acquire rights to the domain name from the previous Contractor in order to house the FSECC s official website for the campaign. Upon expiration of the Contract, the Contractor agrees to transfer rights to the domain name in accordance with a Transition Plan developed in consultation with the Department The Contractor shall develop, in consultation with the Department, a website which houses information relating to the FSECC. The website shall organize information in categories for the following user groups: employees, charities, and agency volunteers The Contractor shall post relevant news and information related to the campaign on the home page of the website, including a link to the online pledge system during the active campaign and a link to the electronic application system during the open application window for charities The Contractor shall post or remove documents to the website within two business days of request from the Department Compiling employee payroll pledge data and providing reports to the Department, from which the Department can create payroll processing files Within three days of the close of the fall campaign each year, the Contractor shall provide the Department with a Microsoft Excel spreadsheet with data related to employees who entered payroll deduction information in the electronic pledge system so the Department can establish payroll deductions for those employees In providing the Microsoft Excel spreadsheet described in (a), the Contractor shall run an electronic match between the identification number collected from employees in the online pledge system and the Page 11 of 16

12 corresponding employee identification number housed in the HRIS that is needed to establish payroll deductions in the HRIS. The purpose of this is to reconcile the number requested of employees in the electronic pledge system, which they are more likely to remember, with the unique number required for transactions in the HRIS. The Contractor shall satisfy all of the above criteria in accordance with the dates, times or frequency specified, but in all cases no later than the expiration date of the Contract, as extended or renewed or, where applicable, the expiration date of any purchase orders off the Contract. SECTION 3. PERFORMANCE MEASURES 3.1. Performance Measure for the Receipt, Accounting for, and Remittance of Donations: Online Pledge System Availability Percentage Online pledge system availability percentage shall mean the hours that the pledge system application is available to state employees throughout each active campaign period. This performance measure assumes seven days a week, 24 hours per day of availability during the active campaign period each fall, as specified by the Department. The standard will be greater than or equal to 98 percent of system availability Paper Pledge Entry Timeliness Percentage The Contractor shall enter paper pledges that agency volunteers submit by the established due date for all paper pledges, into the online pledge system within 20 business days following such established due date. The standard will be greater than or equal to 95 percent of paper pledges received by the established due date Distribution Accuracy Percentage The Contractor shall distribute payroll funds collected in accordance with the pro rata percentages established by the payroll designations made in the fall campaign less Contractor fees. The Contractor shall distribute all cash and check funds collected in accordance with actual designations made for the cash and check funds collected less Contractor fees. The standard will be equal to 100 percent Distribution Timeliness Percentage The Contractor shall distribute payroll funds collected by the last day of the month following the month during which the funds were collected. The Contractor shall distribute cash and check funds that were collected during the fall campaign to the appropriate charities with the first distribution of payroll funds raised in the previous fall campaign (no later than February 28) and shall distribute funds raised after the close of the fall campaign but before the start of the next fall campaign within 30 days after the start of the next fall campaign. The standard will be equal to 100 percent Performance measures for processing charitable organization applications for participation in the FSECC: Application Information Request Timeliness Percentage The Contractor shall respond to the Department s request for records related to a charity s application by providing the requested record within one business day of the Department s request. The standard for this performance measure will be greater than or equal to 95 percent Technical Assistance Timeliness Percentage The Contractor will respond to requests for technical assistance with the application process within one business day of receiving the request. If additional research is necessary before Page 12 of 16

13 completing the response, the initial correspondence must be acknowledged by the Contractor within one business day and a follow up correspondence with a complete response will be provided later. The Contractor will track the requests for technical assistance, including information about the types of requests, and reporting this information to the Department. The standard for this performance measure will be greater than or equal to 95 percent Percent of Applications With a Recommendation The Contractor shall review all applications for participations and will make a recommendation of grant, deny, or agenda for all applications. The standard for this performance measure will be greater than or equal to 95 percent Correspondence Mailing Timeliness Percentage The Contractor shall mail certified return receipt letters notifying applicants which have been denied participation in the campaign within seven business days of receipt of the determinations. The Contractor shall mail letters notifying applicants which have been approved for participation in the campaign within 14 business days of receipt of the determinations. The standard for this performance measure will be greater than or equal to 95 percent Performance measures for administrative support functions: Customer Service Score Percentage - The Contractor must achieve a rating three or above (on a scale from one to five) from statewide agency coordinators on post campaign survey questions related to their satisfaction with the Contractor. The standard for this performance measure will be greater than or equal to 90 percent Response to General Inquiries Timeliness Percentage - All correspondence received by the Contractor from the Department receives a response within 1 business day of receipt of the correspondence. If additional research is necessary before completing the response, the initial correspondence must be acknowledged by the Contractor within 1 business day and a follow up correspondence with a complete response will be provided later. The standard for this performance measure will be greater than or equal to 98 percent Website Usefulness Score Percentage The Contractor must develop a website ( which achieves a rating of three or above (on a scale from one to five) from statewide agency coordinators on post campaign survey questions related to the usefulness of the website. The standard for this performance measure will be greater than or equal to 90 percent Website Posting Timeliness Percentage The Contractor will post or remove documents from the campaign website within two business days of request from the Department. The standard for this performance will be greater than or equal to 95 percent In addition to the requirements set forth elsewhere, the Contractor shall use reasonable and good faith efforts to meet the performance measures listed in this section. For performance measures requiring completion within a number of business days, each business day shall mean 24 hours from the time of receipt, excluding the hours in Saturdays, Sundays and State observed holidays Upon mutual agreement of the Contractor and the Department, Performance Measures may be suspended from time to time for certain special circumstances. Suspension of a Page 13 of 16

14 performance measure shall not excuse the Contractor from accumulating data relevant to the Performance Measure and reporting such data to the Department Unless otherwise mutually agreed, the Contractor shall provide the Department with a report for all performance measures by the 20 th day of each month for the previous month. Each report shall: Indicate whether the Contractor met the Performance Standard for each Performance Measure; and Include all supporting data including each Performance Measure Name, the agreed upon Performance Standard, the performance level actually achieved, and a detailed explanation of each case in which the Contractor s performance did not meet the defined standard Each year, beginning on June 1, or at any other time as mutually agreed, the Contractor and the Department shall evaluate the effectiveness and relevance of each Performance Measure. In the event the Contractor and the Department mutually agree upon changes, deletions or additions to the Performance Measures resulting from their annual review, the contract shall be amended accordingly The inclusion of Performance Measures and the related Performance Credit is intended to address unsatisfactory performance in the context of ongoing operations without resort to the Default remedies. If the Contractor s performance falls below the minimum level of performance for the same Performance Measure for three consecutive months and such failure is not otherwise excused, then the Department may initiate performance default proceedings. SECTION 4. FINANCIAL CONSEQUENCES FOR NONPERFORMANCE 4.1. For each month and each performance measure other than Distribution Timeliness that the contractor fails to meet the performance measure standard established, the Contractor shall issue a performance credit of $1,000 against the Contractors fees. The performance credit will be subtracted from the amount the Contractor withholds from the next monthly distribution Unless scheduled changes have been communicated and agreed to by the Department, the Contractor will be responsible for performance credits for each required monthly distribution that occurs after the last day of each month. The amount of the financial consequences will escalate with each failure to make the required distribution in the following amounts: st failure to meet monthly distribution deadline 10 percent of the next monthly fee shall be added to the required distribution for that next month nd failure to meet monthly distribution deadline 25 percent of the next monthly fee shall be added to the required distribution for that next month rd failure to meet monthly distribution deadline 50 percent of the next monthly fee shall be added to the required distribution for that next month th failure to meet monthly distribution deadline 75 percent of the next monthly fee shall be added to the required distribution for that next month th failure to meet monthly distribution deadline and each failure thereafter, monthly fees will not be paid to the Contractor. Page 14 of 16

15 Additional Consequences - In addition to the specific consequences explained in this Statement of Work, the Department reserves the right to implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform/comply with provisions of the Contract. These consequences for non-performance shall not be considered penalties. SECTION 5. SUBCONTRACTORS 5.1. The Contractor shall use only those subcontractors as contained in FORM 8 - Subcontracting, of the Contractor s response to the solicitation. SECTION 6. ADDITIONS / DELETIONS 6.1. To propose any change to the Contract, the Contract Manager for either the Department or the Contractor shall deliver a written proposal to the project manager of the other party specifying: The proposed change; The objective or purpose of such change; and The requirements and deliverable to be delivered pursuant to such change Within 10 business days of receipt of the proposal, the other party shall, at its expense, prepare a written assessment of the change proposal which: Describes any changes in products, services, assignment of personnel and other resources that the other party believes would be required Estimating the increase or decrease in charges that would be required due to such a change; Specifying how such a change would be implemented; Describing the effect, if any, such proposed change would have on the Contract, including time for performance; Describing the risks and associated risk mitigation plans relating to the proposed change, and Providing other information which may be relevant to the proposed change The party submitting the proposed change shall review the change assessment and respond within 10 business days, indicating whether it desires the change pursuant to the change assessment and, if so, the parties shall execute an amendment to the Contract. SECTION 7. TRANSITION PLAN 7.1. Upon expiration of this Contract or at any time prior to the termination or expiration of this Contract (the Termination Date ), the Department may request that the Contractor provide transition assistance services ( Transition Assistance ) as described in this Section and the Transition Plan (defined below) to the Department or any contractor designated by the Department ( New Contractor ). The Contractor shall provide such Transition Assistance until such time as the Department notifies the Contractor that the Department no longer requires such Transition Assistance, but in no event for more than 180 days following the termination or expiration of the Contract. Contractor may charge Page 15 of 16

16 New Provider its then-current professional services fees for any costs incurred by Contractor in providing any Transition Assistance provided hereunder after the termination date Transition Assistance shall be defined as the following: Developing and implementing, in coordination with the Department, a transition plan setting forth in detail the processes and procedures necessary to ensure a smooth and efficient transfer and the future provision of services to the Department or a new Contractor (the Transition Plan ), Cooperating with the Department, the FSECC s other state partners, and/or the new Contractor in connection with the transfer of Services to the Department or such new Contractor, Working with the Department and/or the new Contractor to prepare a schedule for transition activities in light of the Transition Plan, Transferring non-proprietary data or materials utilized by Contractor to the Department and/or new Contractor, and Answering questions related to the transition and migration of the Services on an as-needed basis If any services, functions or responsibilities not specifically described in this Section or the Transition Plan are understood to be an inherent, necessary or customary part of services ordinarily provided as part of transition services or are required for the proper performance of the Transition Assistance in accordance with this Contract, they shall be deemed to be included within the scope of the Transition Assistance to be delivered, as if such services, functions or responsibilities were specifically described in this Section. To the extent that Transition Assistance will involve a New Provider, the Department shall contractually obligate the New Provider to cooperate with Contractor in its provision of Transition Assistance. SECTION 8. PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT 8.1. Prior to execution of a contract, the Contractor will deliver to the Department s Contract Manager a Performance Bond or Irrevocable Letter of Credit in the amount of $100,000. The bond or letter of credit will be used to guarantee at least satisfactory performance throughout the term of the Contract. Page 16 of 16