Item D1 &RD OF COUNTY COMMISSIONS
AGENDA ITEM SUMMARY
1�
Meeting Date: SEPTEMBEEJA, 2013 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone#: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with DestiMetrics, LLC to provide Reservation Activity Outlook
Reports for the Monroe County Tourist Development Council to commence on October 1,
2013 and terminate on September 30, 2016, with an option to extend for an additional two (2)
year period.
ITEM BACKGROUND:
TDC approved same at their meeting of August 6, 2013
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $12,024 per year
BUDGETED: Yes X No
COST TO COUNTY: $ SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year)
APPROVED BY: County Atty X OMB/Purchasing X Risk Management 'X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROEfOUNTY BOAR
D OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DestiMetrics,LLC Contract# 1309
Effective Date: 10/1/13
Expiration Date: 9/30/16
Contract Purpose/Description:
Approval of an Agreement with DestiMetrics LLC to provide Reservation
Activity Outlook Reports for the Monroe County Tourist Development Council to
commence on October 1 2013 and terminate on September 30 2016 with an
option to extend for an additional two (2) year period
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on Agenda Deadline AMM 113 I 1 3
CONTRACT COSTS
Total Dollar Value of Contract: $ 12,024 per Current Year Portion:
year $
Budgeted? Yes® No ❑ Account Codes : 116-76065-530340-TG36250X-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Need e ' er L
Division Director (,� at n Yes❑Noo2
Risk Management / Yes❑No[017
O.M.B./Put asi g x 1 Yes❑NoEf
County Attorney 641-1- 3 Yes❑NoEk-' ?li3
Comments:
OMB Form Revised 2/27/01 MCP#2
AGREEMENT FOR RESERVATION ACTIVITY OUTLOOK REPORTS
VACATION RENTALS AND RV PARKS
THIS agreement is entered into this day of 2013, by
and between the Board of County Commissioners of Monroe County, Florida,
hereinafter referred to as the County and DestiMetrics, LLC hereinafter referred to as
Firm.
WITNESSETH
WHEREAS, Firm is qualified to provide Reservation Activity Outlook Reports
(RAO); and
WHEREAS, the Monroe County Tourist Development Council (TDC) has
recommended this contract be entered into to provide services, and;
WHEREAS, the County wishes to enter into this agreement for services with the
Firm,
NOW THEREFORE, the parties hereto agree to the following terms and
conditions:
1. TERM: The term of this agreement is for a period of three years commencing
October 1, 2013 and terminating on September 30, 2016 subject to Section 9
TERMINATION: RENEWAL herein. The County and Firm shall have the option
of renewing this agreement for two (2) years under the same conditions subject
to negotiation of monetary terms.
2. SERVICES: In consideration of the base monthly contractual amount, the Firm
shall provide the following services on behalf of the Florida Keys & Key West:
A) Data Collection: Within 30 business days of the conclusion of the month, Firm
shall solicit lodging performance data from participants for the prior month's
business. Participant is defined as a data-submitting property and shall be
referred to as participant hereinafter. Data shall include room nights, number of
available units and related revenue. At initial sign-up, participants will be required
to submit 18 months of data history one time.
B) Training: Firm will provide systems, procedures, standards, metrics and forms,
and online data submission training related to the collection of required data.
Firm will assist the County in their recruitment of participants and offer ongoing
support of participants. TDC shall lead recruitment efforts.
C) Reports: Firm shall calculate from collected data occupancy, Average Daily
Rate (ADR) and Revenue Available Per Room (RevPAR). Results will then be
aggregated in a report format that provides graphic summaries, charts and
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supporting tables of business for the trailing 6 months. Current year data is
overlaid against previous year-to-date. Once available Firm shall provide four (4)
reports per month; One (1) Vacation Rental County-Wide report; One (1)
Vacation Rental District III report; One (1) RV Park County-Wide report; One (1)
RV Park District II report. Where participation is sufficient, TDC may elect to
subscribe to additional district level reports of the same for an additional fee as
outlined in Section 4. COMPENSATION. Sufficient participation is defined as
where participation in a district is equal to or more than 3 data submitting
properties AND 25% or more of the licensed units in the district of that property
type (vacation rental or RV Park), though is variable based on overall community
census within the report region. Firm will apply industry expertise to make
recommendations on validity of the aggregate in cases where the Firm
determines that the data sample does not meet threshold standards. Firm
reserves the right to refuse to produce reports in regions where statistically
invalid data samples result in the exposure of individual property data contrary to
Firm's internal policies.
D) Report Delivery: Within 30 days of the conclusion of a month, Firm shall
deliver all subscribed reports to the TDC and participants. Reports shall be
delivered via secure web portal. Firm shall maintain the web portal and secure
access to it. Firm shall also send an email notification to participants to announce
the posting of new reports.
E) Web Access/Portal: Firm shall maintain web portal login access to resulting
reports and any other purchased subscriptions to participants and other client
staff, the total not to exceed 3 subscriptions per data submitting property.
Participants may independently opt to purchase additional licenses from Firm
directly.
3. CONFIDENTIALITY: Firm will treat all property data as Confidential Information,
not to be published or distributed unless/until aggregated with other similar data and
undistinguishable as a result, where upon Firm may use/distribute resulting data as it
chooses and at its sole discretion. Resulting reports can be viewed only on the Firm
web portal and are strictly limited from further use or distribution and cannot be
downloaded, copied or distributed in any way by participants or TDC, excepting by
written permission and terms conveyed by this contract. TDC may download, copy,
distribute and supply reports to members of the Monroe County Tourist
Development Committee, members of the District Advisory Committee's, TDC staff
and agencies of record. Firm recognizes that upon provision of any reports to the
TDC, those documents become public record and are subject to Florida Statues
(F.S.), Chapter 119. Section 119.07(1)(a), F.S. requires the TDC to permit such
records to be inspected by any person desiring to do so, and to provide a copy of
said record upon payment to TDC of a duplication fee. Reports may include the
following language:
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Source [YEAR] DestiMetdcs. This document contains confidential trade
information and can only be released to third parties in response to a public
records request pursuant to Chapter 119, Florida Statutes.
4. COMPENSATION: The Firm's annual fee shall be $12,024. Fee includes
reports based upon the following data sets and segments:
a. Up to 15 participating Vacation Rental Properties in the Vacation Rental
Reporting Program
b. Up to 15 participating RV Parks in the RV Reporting Program
And will result in the following reports:
c. One county-wide and one district-specific Vacation Rental Reservation
Activity Outlook Lite Report (RAO Lite)
d. One county-wide and one district-specific RV Park Reservation Activity
Outlook Lite Report (RAO Lite).
Additional participants and/or additional reports may be added at the following
compensation:
e. Additional Vacation Rental District Report, where total participants within
the aggregate set does not exceed 15 participants: $750 per annum
f. Additional RV Park District Report, where total participants within the
aggregate set does not exceed 15 participants: $750 per annum
g. Additional Vacation Rental participants resulting in a total set of 16 — 20
participants within the aggregate: $800 per annum
h. Additional RV Park participants resulting in a total set of 16 — 20
participants within the aggregate: $800 per annum
i. Additional Vacation Rental District Report at 16 participants or more level:
$750 per annum
j. Additional RV Park District Report at 16 participants or more level: $750
per annum
5. BILLINGS: Compensation shall be paid in 12 equal monthly billings of $1,002 for
contract service. If the TDC elects to subscribe to additional district reports and/or
increase the number of participating properties, monthly fees shall be adjusted
according to Section 4. COMPENSATION. Firm shall bill County net 30 days for the
month in which the reports have been issued subsequent to the reports issue; e.g.
the October 2013 bill shall be for reports issued in October 2013 of aggregate
September 2013 data. Bill shall specify "October".
Said payments shall be sent by mail by County directly to:
DestiMetrics, LLC
678 S. Franklin Street
Denver, CO 80209
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6. LICENSES AND QUALIFICATION: The Firm warrants that it is qualified to perform
the services under this agreement and holds any licenses necessary for same.
7. INDEMNIFICATION AND HOLD HARMLESS: The Firm covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from
any and all claims for bodily injury (including death), personal injury and property
damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Firm or any of its Subcontractors in
any tier, occasioned by the negligence, errors or other wrongful act or omission of
the Firm or its Subcontractors in any tier, their employees or agents.
The County covenants and agrees to indemnify and hold harmless DestiMetrics,
LLC from any and all claims for bodily injury (including death), personal injury, and
property damage (including property owned by DestiMetrics) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided to the County or any of its Subcontractors in
any tier, occasioned by the negligence, errors or other wrongful act or omission of
the County or its Subcontractors in any tier, their employees or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Firm's failure to purchase or maintain the required
insurance, the Firm shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Firm is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within this agreement.
8. APPROVALS AND CHANGES OF SPECIFICATIONS OF SERVICES: The TDC
shall have the sole and exclusive right to approve, modify, reject or cancel any and
all plans, proposals, submissions and other work in process, in which event the
TDC's directions shall be immediately implemented. However, nothing in this
agreement shall be construed as requiring the Firm to violate any contractual
commitments to vendors contracted on TDC's behalf. All contractual commitments
to contracted vendors require the TDC's prior written approval. The County shall
only be liable for charges approved in writing prior to the Firm's entering into such
contractual commitment. Within ten (10) days following award of a contract pursuant
to this RFP, the Firm may elect to re-negotiate the cost of deliverables under the
revised specifications.
The performance of all services between Firm as described and otherwise provided
under this agreement will be in full cooperation with and under the direct supervision
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of the TDC. Whenever approval is required from the TDC, said approval shall be in
writing from the TDC Administrative Director or a designee, according to TDC policy.
9. TERMINATION: RENEWAL: Either party shall have the right to cancel this
agreement at its sole discretion upon sixty (60) days written notice to the other party.
Firm shall deliver to TDC and County all papers and other materials related to the
work performed under this agreement upon termination thereof. County shall pay
Firm only for such reimbursable expenses authorized prior to termination. If, for any
reason, funds are not appropriated in any fiscal year, Firm will be given fifteen (15)
days notice of termination and Firm will not be required to continue services or
produce deliverables after the termination date.
The County and Firm shall have the option of renewing this agreement for two (2)
years under the same conditions subject to negotiation of monetary terms, and
provided the County provides Firm prior written notice of its election of this option no
later than thirty days before this agreement expires.
10.DISCLOSURE OF FINANCIAL INTERESTS: The Firm agrees to disclose any
existing financial interest in its business by its suppliers or providers utilized in
fulfillment of this agreement and shall disclose said interests as they may arise from
time to time.
11.APPLICABLE LAW: VENUE: This agreement shall be governed by and construed
according to the laws of the State of Florida and all actions brought under or
pursuant to this agreement shall be brought in a court of competent jurisdiction in
Monroe County, Florida.
12.ENTIRE AGREEMENT AMENDMENT: This writing embodies the entire agreement
and understanding between the parties hereto, and there are no other agreements
or understandings, oral or written, with reference to the subject matter hereof that
are not merged herein and superseded hereby. Any amendment to this agreement
shall be in writing and signed by both the County and Firm.
13.LAWS AND REGULATIONS: It shall be understood and agreed that any and all
services, materials and equipment shall comply fully with all Local, State and
Federal laws and regulations.
14.TAXES: The Board of County Commissioners and TDC are exempt from Federal
Excise and State of Florida Sales Tax. State Sales Tax and Use Tax Certificate
Number is 03000 210354.
15.FINANCE CHARGES: The County and TDC shall not be responsible for any
finance charges.
16.ASSIGNMENT: The Firm shall not assign, transfer, convey, sublet or otherwise
dispose of this agreement or of any or all of its right, title or interest therein, of his or
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its power to execute such contract to any person, company or corporation without
prior consent of the County.
17.COMPLIANCE WITH LAWS - NONDISCRIMINATION: The Firm shall comply with
all federal, state and local laws and ordinances applicable to the work or payment for
work thereof, and shall not discriminate on the grounds or race, color, religion, sex,
age or national origin in the performance of work under this agreement. This
agreement shall be subject to all federal, state and local laws and ordinances.
18.NOTICE: Whenever notice is required by this agreement to be given to either party,
said notice shall be delivered to:
For County: Ms. Lynda Stuart For Firm: Mr. Ralph Garrison
Monroe County TDC DestiMetrics, LLC
1201 White Street, Suite 102 678 S. Franklin St
Key West, FL 33040 Denver, CO 80209
19.SEVERABILITY: If any provision of this agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
agreement, or the application of such provision other than those as to which it is
invalid or unenforceable, shall not be affected thereby; and each provision of this
agreement shall be valid and enforceable to the fullest extent permitted by law.
20.The Firm agrees to furnish the TDC with copies of bids of Subcontractors.
21.ETHICS CLAUSE: The Firm warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee and that no member of the
Monroe County government or the TDC has any interest, financially or otherwise, in
the Firm or its Subcontractors.
22.PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not
submit a bid on an agreement to provide any goods or services to a public entity,
may not submit a bid on an agreement with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a Contractor,
Supplier, Subcontractor or Consultant under an agreement with any public entity,
and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list.
23.MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be
read interchangeably.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
(SEAL) Board of County Commissioners
Attest:Amy HeavNin,Clerk of Monme County
Do"Clerk MayodChairman --
Attest(CORPORATE SEAL) DsWMWkmk U.0
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BY Secretary ;13y)RA
Print Name PAt
rint Name '
°ate' Date: t4taLm-
OR TWO WITNESSES
(1) (2)
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Print Name print Name
Date: per.
MO E COUNTY ATTORNEY
0,Y FORM:
A88i8 A COUNTY ATTORNEY