Item D4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 16. 2003
Division:
TDC
Bulk Item: Yes --X- No
Department:
AGENDA ITEM WORDING:
Approval of an Agreement with Prange & O'Hearn Insights, Inc. to provide
Visitor Profile Survey Services.
ITEM BACKGROUND:
TDC to approve same at their meeting of March 18, 2003
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $59.500 (And up to $3.600 for expenses)
BUDGETED: Yes ~ No
COST TO COUNTY: $59.500 (and up to $3.600 for expenses)/TOURIST PAY
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing ------X- Risk Management X
-, /~C?~~f
(Lynda Stuart)
APPROVED BY: County Atty ~
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Prange & O'Hearn Contract #_
Insights, Inc. Effective Date: 6/1/03
Expiration Date:
Contract Purpose/Description:
Approval of an Agreement with Prange & O'Hearn Insights, Inc. to provide Visitor
Profile Survey Services.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/16/03 Agenda Deadline: 4/2/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 63,100
Budgeted? Yesl:2l No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
116-76065-530340-T36G-250X-530340
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
I?a~~I~n Needed ~ P;., R :v~w,r _
Division Director 8-f1!:#-O?:> YesD NolLd' L-f I 1" I~LL
Risk Management J.f.n.k YesD Nog'
O.M.BJPurchasing ~i:Z>y esO NoEY""
County Attorney ~ YesD Nol2r
Comments: Om .-I7f'~
Date Out
OMB Form Revised 2/27/01 MCP #2
VISITOR PROFILE SURVEY AGREEMENT
THIS AGREEMENT is entered into this day of
2003, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the COUNTY, and PRANGE & O'HEARN 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;
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 three years
commencing June 1, 2003 and terminating on May 31, 2006 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.
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
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Prange & O'Hearn 2003
througout the five regions of Monroe county (Key Largo, Islamorda, 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.
O. Data Cleaning and Input - Review each questinnaire for completeness
and legibility. Input survey responses and deliver to TDC monthly survey data via
diskette or e-mailed file, in a format compatible with TDC's computer software.
3. REPORTS: 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:
Monthly survey data via diskette or e-mailed file, 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 $59,500, 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 TDC Administrative Office an
initial billing for 25% ($14,875.00) each contract year, due upon receipt of the project
design document and survey instrument, followed by 12 equal monthly billings of
$3,718.75 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 to 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.
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Prange & O'Hearn 2003
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.
The agency shall provide, to the County, as satisfactory evidence of the required
insurance, either:
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Prange & O'Hearn 2003
*
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
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Prange & O'Hearn 2003
* 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
$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 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 TDC'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 TDC. Whenever approval is required from the TDC, said approval
shall be in writing from the TDC Administrative Director or a designee, according to
TOC 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
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Prange & O'Hearn 2003
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.
This agreement may be extended for an additional two (2) years under
the same terms and conditions, upon the mutual consent of the parties and 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.
16. FINANCE CHARGES: The COUNTY and TOC, shall not be responsible
for any finance charges.
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Prange & O'Hearn 2003
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 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
Insight, 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.
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Prange & O'Hearn 2003
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed in their names, and seals impressed hereon, by their proper officials, all
as of the day and year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Prange & O'Hearn's Insights, Inc.
By
OR
Secretary
By
President
Witness
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Prange & O'Hearn 2003