06/01/2013-09/30/2016 04/17/2013AMY HEA VILIN
CLERK OF THE CIRCUIT COURT
DATE: April 24, 2013
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN.• Maxine Pacini
Administrative Assistant
FROM: Pamela G. HancoC.
At the April 17, 2013, Board of County Commissioners meeting, the Board granted
approval and authorized execution of the following:
Item D2 Amendment to Agreement with the City of Marathon to extend Agreement to
December 31, 2013 to allow for permitting and completion of the Observation Boardwalk and
Tiki Hut Project at Oceanfront Park.
Item D3 Amendment to Agreement with the City of Key West for the Rest Beach
Renourishment Project to revise Exhibit A to delete a portion of the scope of services.
Item D4 Agreement with JDO Insights, Inc. d/b /a Insights, Inc. to provide Visitor Profile
Survey Services for the Monroe County Tourist Development Council commencing June 1, 2013
and terminating on September 30, 2016.
The electronic copy is attached.
cc: County Attorney
Finance
File
AGREEMENT FOR VISITOR PROFILE SURVEY SERVICES
THIS agreement is entered into this /`' day of 6 4 1 , 2013, by
and between the Board Of County Commissioners of Monroe County, Florida,
hereinafter referred to as the County and JDO Insights, Inc. (d.b.a Insights, Inc.),
hereinafter referred to as Firm.
WITNESSETH
WHEREAS, Firm is qualified to provide Visitor Profile Survey Services; and
WHEREAS, the Monroe County Tourist Development Council (TDC) has
recommended this contract be entered into provide services, and;
Firm,
WHEREAS, the County wishes to enter into this agreement for services with the
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 and four
months commencing June 1, 2013 and terminating on September 30, 2016 subject to
Section 10 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. Survey Design — Develop survey instrument according to TDC requirements,
restricting the number of questions so that the interview can be completed in a 5 -10
minute time frame. Said instrument may have up to five variations to include district
specific questions. Pretest questionnaire to ensure validity of response and timing
requirements. The TDC reserves the right to request revisions of the survey instrument
on a per annum basis within the specified survey time limits.
B. Field Set Up — Identify key locations for interview sites. Negotiate site
permissions, where applicable, with business. Develop a rotation plan for the locations
selected, to provide alternates to unproductive sites as well as to broaden the reach of
the field interviewing crew. Locations should include a mix of tourist - related businesses,
parks and other areas frequently traversed by tourists (e.g. attractions, marinas, streets,
beaches, etc.). Recruit interviewers from local labor pool from various locations in the
Keys. Instruct interviewers in respondent selection techniques to be used, qualification
criteria, and survey instrument administration. Supervise interviewers in the field.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
C. Data Collection — Develop project schedule to provide a guide for interview
completion. Conduct intercept interviews with visitors at selected locations throughout
the five TDC Districts of Monroe County (District I - Key West, District II — Big Pine Key
& the Lower Keys, District III — Marathon, District IV — Islamorada, District V — Key
Largo). ). Achieve a minimum quota of 300 completed interviews per month as follows:
100 minimum completed interviews in Key West (District 1) and 50 minimum completed
interviews in each of the four remaining TDC Districts of the Keys (Districts II - V) per
month, for a total minimum interview base of 3,600 per year. Rotate schedule so that all
days of the week are covered and a variety of visitors are interviewed.
D. Data Cleaning and Input — Review each questionnaire for completeness and
legibility. Input or download survey responses into a spreadsheet, or otherwise
negotiated format and deliver to TDC monthly survey data via flash drive, CD -ROM or
e- mailed file, in a format compatible with TDC's computer software. Data must be
delivered within 60 days following the collection month.
E. Quality Control — Establish and maintain written procedures for assuring quality
of survey data; include ensuring validity of interviewers in executing project; qualifying
respondents; following rotation of interview days and locations; properly recording
responses on survey instrument and inputting of data.
F. Reports & Analysis — Analyze data and provide 10 written reports to TDC of
aggregate results per year as follows:
1) Four (4) quarterly County -wide reports, with data weighted according to
TDC specification, including an executive summary and data tables for each
question tracking changes over time. The fourth quarterly report for the year shall
also include annual results.
2) Two (2) semi - annual reports for Key West with an executive summary and
data tables for each question tracking changes over time.
3) One (1) annual report for each remaining District of the county (Districts II-
V) with an executive summary and data tables for each question tracking
changes over time, for a total of four (4) District reports.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
2
3. Deliverables: The Firm shall provide to TDC Administrative Office, 1201
White Street, Suite 102, Key West, Florida, reports and documentation of results of
services. Reports shall show, at a minimum:
1. A monthly file of survey data within 60 days following the collection month;
2. A quarterly report of aggregate results for Monroe County, as stipulated in
Scope of Services:
3. A semi - annual report of aggregate results for Key West as stipulated in
Scope of Services;
4. An annual report of aggregate results for each of the remaining Districts of
the Keys (Districts II -V) as stipulated in Scope of Services.
Deliverables shall be sent by Firm to TDC Administrative Office via flash drive, CD -ROM
or e- mailed file, in a format compatible with TDC's computer software.
Deliverables, including data and reports, shall remain sole property of the TDC. The
TDC reserves the right to redistribute said data and reports as they see fit; including, but
not limited to, posting reports on the official Monroe County website
www.monroecounty-fl.gov.
4. COMPENSATION: The Firm's annual
additional amount of no more tha
Miscellaneous expenses may includ(
County's performance and obligation
annual appropriation by the BOCC.
1 $500 per yea
printing, mailing,
to pay under thi
s fee shall be $93,700, with an
r for miscellaneous expenses.
couriers and postage. Monroe
contract is contingent upon an
5. BILLINGS: For the period of June 1, 2013 through September 30, 2014
the Firm shall submit to the TDC Administrative Office an initial billing for 25% ($31,234)
due upon receipt of the project design document and survey instrument, followed by 16
equal monthly billings of $5,856.25 for contract services during the previous month, and
up to $125 per quarter for allowable miscellaneous expenses incurred during the
previous quarter. For each subsequent contract year, commencing October 1 St each
contract year and concluding September 30 the Firm shall submit to the TDC
Administrative Office an initial billing for 25% ($23,425) due upon receipt of the project
design document and survey instrument, followed by 12 equal monthly billings of
$5,856.25 for contract services during the previous month, and up to $125 per quarter
for allowable miscellaneous expenses incurred during the previous quarter. The County
shall be responsible for payment of all authorized fees and costs due to the Firm while
this agreement is in force which fees and costs are described and limited in paragraph
four.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
Said payments shall be sent by mail by County directly to:
Insights, Inc.
850 NW Federal Highway
Suite 122
Stuart, Florida 34994
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 Contractor 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 Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the Contractor 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 Contractor's failure to purchase or maintain the
required insurance, the Contractor 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 Contractor 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. INSURANCE: The agency shall maintain the following required insurance
throughout the entire term of the contract and any extensions. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the agency to maintain the required insurance shall not extend any
deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for
agency's failure to maintain the required insurance.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
4
The agency shall provide, to the County, as satisfactory evidence of the required
insurance, either:
Original Certificate of Insurance
or
A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract. All Insurance policies must specify that
they are not subject to cancellation, non - renewal, material change or reduction in
coverage unless a minimum of thirty (30) days prior notification is given to the County
by the insurer.
The acceptance and /or approval of the agency's insurance shall not be construed as
relieving the agency from any liability or obligation assumed under this contract or
imposed by law. The Monroe County Board of County Commissioners, its employees
and officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation. Any deviations from these General Insurance Requirements must be
requested in writing on the County prepared from entitled "Request for Waiver of
Insurance Requirements" and approved by Monroe County Risk Management.
A. Prior to the commencement of work governed by this contract the agency shall
obtain Workers' Compensation Insurance with limits sufficient to respond to Florida
Statute 440. In addition, the agency shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida and the company or companies must maintain a
minimum rating of A -V1, as assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this contract, the agency shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
5
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County. The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
9. 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 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.
10. 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.
11. 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.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
6
12. 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.
13. 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.
14. 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.
15. 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.
16. FINANCE CHARGES: The County and TDC, shall not be responsible for
any finance charges.
17. 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 its power to execute such contract to any person, company or corporation
without prior consent of the County.
18. OWNERSHIP: All work performed under the agreement shall be the
property of the TDC and County, for whatever use and /or disposition the TDC and
County may deem appropriate. Such property shall include: a) all plans, documents
and recommendations; b) All manuscripts, copy, graphics, and videotapes. The TDC
and County shall have the full right to reproduce and /or use any products derived from
the contractor's work under the agreement without payment of any royalties, or fees.
No reproduction of said property shall be made by Firm or any other entity for purposes
of resale.
19. 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.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
7
20 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
Monroe County TDC
1201 White Street, Suite 102
Key West, FL 33040
For Firm: Mr. Jack O'Hearn
Insights, Inc.
850 NW Federal Highway
Suite 122
Stuart, FL 34994
21. 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.
22. The Firm agrees to furnish the TDC with copies of bids of subcontractors.
23. 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.
24. 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.
25. MISCELLANEOUS As used herein, the terms "contract" and
"agreement" shall be read interchangeably.
Visitor Profile Survey Agency — JDO Insights, Inc.
ID #: 1160
25. MISCE L ANEO ., As used herein. the terns "contract' and
'agreement' shall be read k terohanM*.
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 Heavitin, Clerk of Monroe County
Clark MayoNChairman
(CORPORATE SEAL)
Attest
BY.
Secretary
JDO Insights, Inc. (d.b.a Insights, Inc.)
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MQNROE COUNTY ATTORNEY
APPROVFD,AS ITO FORM:
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A3 TANT COUNTY ATTORNEY
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