1998/1999..03/11/1998
mannp I. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 330SO
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
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BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
FROM:
TO: Lynda M. Stuart, Office Manager
Tourist Development Council
Ruth Ann Jantzen, Deputy Clerk ~;.
DATE: April 20, 1998
SUBJECT: Executed Agreements
At the March 11, 1998 County Commissioner Meeting, the Board granted
approval and authorized execution of an Agreement between Monroe County and
Prange and O'Hearn Marketing and Research Group to provide a Visitor Profile
Survey, in an amount not to exceed $27,862.50/FY 98 and $19,237.50/FY 99.
Enclosed please find two fully executed duplicate originals of the above
Agreement; one for return to Prange and O'Hearn, and one for your files. If
you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance - Karin Goddard
County Administrator, w/o document
File
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VISITOR PROFILE SURVEY AGREEMENT
THIS AGREEMENT is entered into this J t tJ day of yI"YYW~ I 1998, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and PRANGE & O'HEARN, INC. MARKETING AND
RESEARCH GROUP, hereinafter referred to as FIRM;
WITNESSETH
WHEREAS, FIRM is qualified to provide services, and;
WHEREAS, the Monroe County Tourist Development Council (TDC) has recommended
this contract be entered into provide services, and;
WHEREAS, the COUNTY wishes to enter into this Agreement for services with the
FIRM,
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1. TERM: The term of this Agreement is for a period of twelve (12) J!l4~s~' M
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commencing April 1, 1998 and terminating March 31, 1999 subject to Section ~reir>> ....,
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2. SERVICES: In consideration of the base monthly contractual ~it, @e ~M
shall provide the following services on behalf of the Florida Keys & Key We~ ~ .ai 2
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A. Survey Design -- Develop survey instrument, restricting the number of
questions so that the interview can be completed in a 3-5 minute time frame. Pretest
questionnaire to ensure validity of response and timing requirements.
B. Field Set-Up - Identify key locations for interview sites. 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. 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.
C. Data Collection -- Develop project schedule to provide a guide for interview
completion. Conduct intercept interviews with visitors at selected locations throughout
the five regions of Monroe County (Key Largo, Islamorada, Marathon, Lower Keys, and
Key West). Achieve a quota of 250 completed interviews (approximately 50 per month)
in each region during each season, for a total interview base of 3,000 per year. Rotate
schedule so that days of the week are covered and a variety of visitors are interviewed.
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D. Data Cleaning and Input -- Review each questionnaire for completeness and
legibility. Input survey responses and deliver to TDC monthly survey data on diskette,
in a format compatible with TDC's computer software.
3. REPORTS: The FIRM shall provide to TDC Administrative Office, 3406 N.
Roosevelt Blvd., Key West, Florida, reports and documentation of results of services. Reports
shall show, at a minimum:
Monthly survey data on diskette, in a format compatible with TDC's computer software.
All completed questionnaires and other hard copy from field work.
4. COMPENSATION: The FIRM's fee shall be $46,500, with an additional amount
of no more than $3,600 per year for approved expenses as specified in Exhibit A attached
hereto and incorporated herein by reference. Expenses which shall be reimbursed at cost are
described in Exhibit A with the maximum reimbursements allowed for fiscal year ending
September 30, 1998 and for fiscal year ending September 30, 1999. The maximum
reimbursement allowed for each of the remaining years shall be determined by the annual
budget process and shall be documented at those times by the TDC line item budget for such
expenses, which budget documents, upon approval by County, shall become unilateral
addendum's to this agreement and transmitted to FIRM. Monroe County's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the BOCC.
5. BILLINGS: The FIRM shall submit to the TDC Administrative Office an initial
billing for 25% ($11,625), due upon receipt of the project design document and survey
instrument, followed by 12 equal monthly billings of $2,906.25 for contract services, and up to
$300 per month for all other approved charges incurred during the previous month for which
payment is due from the COUNTY as authorized under this Agreement. The COUNTY shall
be responsible for payment of all authorized fees and costs due the FIRM while this
Agreement is in force which fees and costs are described and limited in paragraph 4 and
Exhibit A. Said payments shall be sent by mail by COUNTY directly to Prange & O'Hearn,
Inc., 6401 SW 87 Avenue, Suite 120, Miami, FL 33173.
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.
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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 I 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: . ..see "Exhibit ~orfnsurance requirement~ a.I"'.(r i ""
t.~h~l1j+ O/A-tf~t...h.eJ "tre.fo A j;tc~r,()r-(A:f:e.J h4-rl;A ,,~ ,-er~re"ce..
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. If any modifications to the specifications become
substantial, 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.
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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 shall have the option of renewing this agreement for an additional one
(1) year under the same terms and 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.
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.
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. 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
appropriat~. 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.
20 NOTICE: Whenever notice is required by this Agreement to be give to either
party, said notice shall be delivered to:
For County: Ms. Lynda Stuart For FIRM:
Monroe County TDC
3406 N. Roosevelt Blvd., Suite 201
Key West, FL 33040
Jack O'Hearn, President
,Prange & O'Hearn, Inc.
6401 SW 87 Avenue, Suite 120
Miami, FL 33173
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.
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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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
execyted in their names, and seals impressed hereon, by their proper officials, all as of the
day/a!lQy~ar first above written.
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Attest: Danny L. Kolhage, Clerk
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(CORPORATE SEAL)
Attest:
By
Prange & O'Hearn, Inc. Marketing and
Research Group
BY~
Secretary
OR
'-t2-c.>~ h--l2 ced
Witness
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Exhibit A
PROJECT BUDGET
FY 97-98
FY 98-99
Initial Investment (due upon delivery of project design document)
Monthly Payments
April 1998 through September 1998
October 1998 through March 1999
$11,625.00 $ 0.00
$17,437.50
$17,437.50
Miscellaneous Expenses Maximum Monthly Payment
Miscellaneous expenses may include travel, lodging, printing, mailing, couriers,
postage, respondent incentives (if required), etc. Expenses will be approved in
advance and billed separately.
April 1998 through September 1998
October 1998 through March 1999
$ 1,800.00
$ 1,800.00
Total Project Budget FY 96-97
Total Project Budget FY 97-98
$29,062.50
$ 17,437.50
Total Possible Miscellaneous Expenses Budget FY 96-97
Total Possible Miscellaneous Expenses Budget FY 97-98
$ 1,800.00
$ 1,800.00
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