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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDUM
CLERK OF THE CIRCUIT COUTU
MONROE COUNTY
500 vVHlTEHEAD STREET
KEY WES'F, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DATE:
May 25,2000
TO:
Lynda Stuart, Office Manager
Tourist Development Council
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanco~
Deputy Clerk U
ATTN:
At the April 20, 2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and Prange &
O'Hearn's Insights, Inc. to provide Visitor Information Survey Reports in an amount not to
exceed $57,350.00 per year.
Attached are two (2) duplicate originals of the above for your handling. Should you have
any questions, please do not hesitate to contact this office.
Cc: County Administrator wlo documents
County Attorney
Finance-K Hanna
File/
\
VISITOR PROFILE SURVEY AGREEMENT
THIS AGREEMENT is entered into this J.-I/ ~ay of APR.I L , 2000, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and PRANGE & O'HEARN'S INSIGHTS, 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,
1. TERM: The term of this Agreement is for a period of twenty-four (24) months
commencing June 1, 2000 and terminating May 31, 2002 subject to Section 10 herein.
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, 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.
:t 0 0 ""'1
~>or=
:;':1 ("') ~ ~ fT'!
B. Field Set-Up -- Identify key locations for interview sites. Develop $t~atio~la~
for the locations selected, to provide alternates to unproductive sites as ~~ tcfJ1 ~
broaden the reach of the field interviewing crew. Recruit interviewers fro~!q~II8Bor ~
:<. .::t: ~ (")
pool from various locations in the Keys. Instruct interviewers in respondet'!! setec(ft)n 0
techniques to be used, qualification criteria, and survey instrument admin1strcmon~ ~
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.
1
O. Data Cleaning and Input -- Review each questionnaire for completeness and
legibility. Input survey responses and deliver to TOC monthly survey data on diskette,
in a format compatible with TOC's computer software.
3. REPORTS: The FIRM shall provide to TOC Administrative Office (1201 White
Street, Suite 102, Key West, FL 33040) reports and documentation of results of services.
Reports shall show, at a minimum:
Monthly survey data on diskette, in a format compatible with TOC's computer software.
All completed questionnaires and other hard copy from field work.
4. COMPENSATION: The FIRM's annual fee shall be $53,750, with an additional
amount of no more than $3,600 per year for approved expenses. Miscellaneous expenses
may include travel, lodging, printing, mailing, couriers, postage, respondent incentives (if
required), etc. Miscellaneous expenses must be approved in advance and billed separately.
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 TOC Administrative Office an initial
billing for 25% ($13,437.50) each contract year, due upon receipt of the project design
document and survey instrument, followed by 12 equal monthly billings of $3,359.37 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. Said payments shall be sent by mail by COUNTY directly to Prange &
O'Hearn's Insights, Inc., 43 East Ocean Boulevard, Stuart, FL 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.
2
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: Insurance requirements are in Exhibit A, attached hereto
and incorporated herein by reference.
9. APPROVALS AND CHANGES OF SPECIFICATIONS OF SERVICES: The
TOC 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 TOC'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 TOC's
behalf. All contractual commitments to contracted vendors require the TOC'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
TOG. Whenever approval is required from the TOG, said approval shall be in writing from the
TOC Administrative Director or a designee, according to TOG policy.
3
1 O. 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 TOC 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 TOC are exempt from
Federal Excise and State of Florida Sales Tax. State Sales Tax and Use Tax Certificate
Number is 03000 210354.
4
16. FINANCE CHARGES: The COUNTY and TOC, 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 TOC and COUNTY, for whatever use and/or disposition the TOC and COUNTY may deem
appropriate. Such property shall include: a) all plans, documents and recommendations; b) All
manuscripts, copy, graphics, and videotapes. The TOC 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
Monroe County TOC
1201 White Street, Suite 102
Key West, FL 33040
For FIRM: Jack O'Hearn, President
Prange & O'Hearn's Insights, Inc.
43 East Ocean Boulevard
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 TOC with copies of bids of subcontractors.
5
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.
Board of County Commissioners
of Monroe County
~~-F~
(CORPORATE SEAL)
Attest:
Prange & O'Hearn's Insights, Inc. Marketing and
search Group
By
By
Secretary
OR
Witness
6
EXHIBIT
1996 EQrtion
A
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre:requisite of the work gov~med, or the goods supplied U?der this contract (including the
pre-stag1D.g of personnel and matenal), the Contractor shall ob~ at hislher own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent \\;th the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply \\i.th this pro\-i.sion
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
Contractor to maintain the required insurance sbal1 not extend 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 the Contractor's failure to maintain the required insurance.
The Contractor shall pro\"ide~ to the County, as satisfactory evidence of the required insurance.
either:
. 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 Contractor'S insurance shall not be constrUed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administr:1tion Instruction
#4709.2
14
&;77\,1__n
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 fonn entitled "Request for Waiyer of Insurance Requirements" and
approved by Monroe County Risk Management.
Adminisuation InstrUction
#4709.2
15
199& bllUon
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY~ FLORIDA
AND
Prior to the commencement of work governed by this contrac~ the Contractor 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 Liabilitv
. Personal Injury Liability .
. Expanded Definition of Property Damage
The minimum. limits acceptable shall be:
$300,000 Combined Single Limit (Cst)
If split limits are pro~ide~ the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 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 additio~ the period for which claims may be reponed 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.
GLl
Administration InstrUction
#4709.2
S3
1 yYQ c..uauu'.
VEIDCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
caNTRACf
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use ofyehicles, the Contractor,
prior to the commencement of wot!<, shall obtain Vehicle Uability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minim~ liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
S100,000 Combined Single Limit (Cst)
If split limits are provided, the minimum limits acceptable shall be:
S 50,000 per Person
S 100,000 per Occurrence
S 25,000 property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administration InstrUction
#4709.2
80
WORKERS' COMPENSA nON
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BETWEEN
MONROE COUNTY, FLORIDA
AND
19% Edition
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
'.
S 1 00,000 Bodily Injury by Accident
S500,OOO Bodily Injury by Disease, policy limits
S100,000 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.
lfthe Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's statuS. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
lfthe Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In additio~ the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709,2
87
SWORN STATEMENT PURSUANT TO SEcnON 287.133(3)(a),
FLORIDA STATUTES. ON PUBUC EN'Ul'Y CRIMES
THIS FO&'vt MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER.
OFFICIAL AUTHORIZED TO ADMINISTER OATHS..
1. 1'his sworn statement is submitted to
[print name of the pubUc entity]
by
[print lndlvtduah DaIIle and dtle]
[print name ot catity submitting swom statement]
for
~hose busUiess address is
and (if applicable) its FcdeIal Employer Identification Number (FEIN) is
(It the entity has no FEIN, include the'Social Secnrity Number of the individnal signing this
swom statement:
.)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation at any state or fcderallaw by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of UTf other state or of the United
States, including, but not limited to, UTf bid or contract for goods or services to be provided to UTf public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bnoery, collusion. racketeering, conspiracy, or matcrlal misrepresentation.
3. I understand that .conviaed. or "conviction. as defined in Paragraph 287.133 (1) (b), Florida Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating-to charges brought by indictment or information after July 1,
1989, as a result of a jwy verdict, nonjury trial, or entty of a plea of guilty or nolo contendere.
4. I understand that an .affiliate. as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or sua:essor of a person convicted of a public entity crime; or
2. An entity under the amttol of UTf natural person who is actNe in the management of the entity and
who has been convicted of a public entity crime. The _ tcm1 "amJiatc. includes those officers, directors,
'executives, partners, slweholdeI3, employees, members, and agents who are active in the'management of,
an affiliate.. -~1'he ownership by onC;.person of shares constitutiDg a controlling interest in another person,
'h or'a -pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint ventuIe with a person who has been convicted of a public entity aime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a .pets'On" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any' natural
person or entity organized under the laws ot any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or wbich otherwise transacts or applies to transact business with a public entity. The
term .person. includes those officers, directors, executives, partDCl'S, shareholders. employees. members, and
agents who are active in management of an entity.
6. Based on infor.nation and. belief. the st.:ltement which I have marked ,....{ow is true in relation to the entiey
submitting this sworn ~ nent. [lndlcate which statement appUcs
_ Neither the entity submitting th..i3 sworn, statement. I1CI' I1II'f at its officers, direaon, C:Xeol!iVes,
partncn, shareholders, employees, members, or agents who are active in the management of the entity, nor-
any affiliate of the entity has been charged with and convicted ot a public entity crime subsequent to July
1, 1989.
_ The enti!"j submitting this sworn statement. or one or more of its officers, directors, executives,
partners, slurehoiders, employee, members, or agents wllo are active in the management of the entity, or
an affiliate of the entity b.as been charged with and convicted ot a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement. or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted ~ a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Fmal Order entered by the Hearing Officer deten:tined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy or the fInal order] -
I UNDERSTAND THAT THE SUBMISSION OF THIS FOR..'"d TO THE CONTRAcrING OFFICER FOR THE
PUBUC ENTITY IDE!'! llHlill IN PARAGRAPH 1 (ONE) ABOVE IS roa THAT PUBUC ENITlY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERStAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING
I1'ITO A CONTRAcr IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECrION 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFOlL~TION CONTAINED IN THIS FOIU"\1..
[signature ]
Swam to and subscribed before me this
day of
.19_.
Personally known
OR ProducOO iacntifi.-:atiOil
Notaxy Public - State of
(Type of identification)
My commission expires
(printed typed or stamped
coII1D1issioncd name of notaIy public)
Form. PUR 7068 (Rev. 06/11fi2)