Item F2 F.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: F.2
Agenda Item Summary #10717
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Rockport Analytics, LLC to
provide Visitor Profile Survey Services.
ITEM BACKGROUND: The TDC approved same at their meeting of June 1, 2022.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved RFP for Visitor Profile Survey
Service provider at their meting of January 21, 2022.
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Visitor Profile Survey Provider - Rockport.
FINANCIAL IMPACT:
Effective Date: October 1, 2022
Expiration Date: September 30, 2025
Total Dollar Value of Contract: $333,750
Total Cost to County: No Cost to County
Current Year Portion: $111,250
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
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F.2
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes —Insurance Check List attached
Additional Details:
Line Item: 115-75039
REVIEWED BY:
Maxine Pacini Completed 06/06/2022 2:38 PM
Christine Limbert Completed 06/08/2022 1:19 PM
Purchasing Completed 06/08/2022 2:34 PM
Budget and Finance Completed 06/22/2022 12:59 PM
Brian Bradley Completed 06/23/2022 8:17 AM
Lindsey Ballard Completed 06/23/2022 1:59 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
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F.2.a
VISITOR PROFILE SURVEY AGREEMENT
THIS AGREEMENT (Agreement), made and entered into this day of
2022, A.D., by and between Monroe County, Florida, (hereinafter called the County), and
Rockport Analytics, LLC (hereinafter called the Contractor).
WITNESSETH:
WHEREAS, Contractor is qualified to provide Visitor Profile Survey Services (Services);
and
WHEREAS, the Monroe County Tourist Development Council (TDC) has recommended
this contract be entered into to provide Services, and;
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WHEREAS, the County wishes to enter into this agreement for Services with the
Contractor,
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
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1. Term: The term of this Agreement is for a period of three (3) years beginning October 1,
2022 and expiring on September 30, 2025. The County shall have an option to extend they+
Agreement for one additional two (2) year period under same conditions subject to negotiation of >
monetary terms.
C,
2. Scope of Services: In consideration of the base monthly contractual amount,the Contractor 0
shall provide the following services on behalf of the County:
A. Survey Design — Develop survey instrument according to TDC requirements,
restricting the number of questions so that the interview can be completed in a 3-5 minute
time frame. Said instrument has been thoroughly tested and used in the field for several
months in its current version,any changes will be subject to review and testing. The current
questionnaire has proven its validity of response and meets the timing requirements, and
any subsequent developed survey instrument will be subject to validity and timing
requirements.
B. Field Set Up — Key locations for interview sites have been identified and site U)
permissions have been obtained. A rotation plan for the locations selected has been 5
developed to provide alternates to unproductive sites as well as to broaden the reach of the
field interviewing crew. Interviewers have been recruited form the local labor pool from E
various locations in the Keys whenever possible. Interviewers have been trained in the
respondent selection techniques to be used, qualification criteria and survey instrument
administration. Supervision of interviewers is the responsibility of the Provider.
C. Data Collection — Develop a project schedule to provide a guide for interview
completion. Conduct intercept interviews with visitors at selected locations throughout the
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five regions of Monroe County (Key Largo, Islamorada, Marathon, Lower Keys and Key
West). The schedule is rotated so that all days of the week are covered, and a variety of
visitors are interviewed. Develop a project schedule to provide a guide for online visitor
panel survey. This panel will be qualified as having visited the Florida Keys over the last
30 days. Achieve a quota of 300 completed interviews (approximately 50 per month in
each region and 100 in Key West) for a total minimum interview base of 3600 per year.
Approximately half of the sample each month will be targeted via an online panel with the
other half of the sample being targeted via in-person intercept survey.
D. Data Cleaning and Input — Review each questionnaire for completeness and
legibility. Input survey responses into a spreadsheet, or otherwise negotiated format and
deliver to TDC monthly survey data e-mailed file, in a format compatible with TDC's
computer software. Data must be delivered within 45 days following the collection month.
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E. Quality Control—Establish and maintain written procedures for assuring quality of
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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.
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F. Reports —Analyze data and provide 10 written reports to TDC of aggregate results 0
per year as follows:
1) Four (4) quarterly County-wide reports, with data weighted according to
TDC specifications, including an executive summary and data tables for 0
each question tracking changes over time. The fourth quarterly report for 0
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. The TDC reserves
the right to request revisions of the survey instrument on a per annum basis.
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3. Deliverables: The Contractor 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: A
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1) A monthly file of survey data within 45 days following the collection
month; E
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.
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Deliverables shall be sent by Contractor to TDC Administrative Office via 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 Contractor's annual fee shall not exceed $110,250.00 per year, with
an additional amount of no more than $1,000 per year for miscellaneous expenses. Miscellaneous
expenses may include printing, mailing, couriers and postage. Monroe County's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the BOCC.
Payment will be made in accordance with the Local Government Prompt Payment Act, F.S.
218.70.
5. Billings: For the period of October 1, 2022 through September 30, 2025 the Contractor
shall submit a monthly invoice to the TDC Administrative Office. Payments will be made in the
amount of $9,187.50 per month for contracted services during the previous month, and up to
$250.00 per quarter for allowable miscellaneous expenses incurred during the previous quarter.
Contractor shall submit billing and invoices with supporting documentation that is acceptable to 0
the Clerk.Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor's annual
fee shall be $110,250. Said payments shall be sent by mail by County directly to:
ROCKPORT ANALYTICS 0
620 Chesapeake Ave, STE 100 0
Annapolis, MD 21430
6. Licenses And Qualification: The Contractor warrants that it is qualified to perform the
services under this agreement and holds any licenses necessary for same.
7. Contractor's Acceptance of Conditions: The Contractor hereby agrees to carefully
examine the Scope of Services and assumes full responsibility, therefore. Under no
circumstances, conditions or situations shall this Agreement be more strongly construed
against the County than against the Contractor.
A. Any ambiguity or uncertainty in the Scope of Services shall be interpreted and U)
construed by the County, and the County's decision shall be final and binding upon 5
all parties.
B. The passing, approval and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Agreement. Failure on the part of the Contractor,
immediately after Notice to Correct a default, shall entitle the County, if it sees fit,
to correct the same and recover the reasonable cost of such replacement and/or
repair from the Contractor, who in any event shall be jointly and severely liable to
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the County for all damage, loss and expense caused to the County by reason of the
Contractor's breach of this Agreement and/or his failure to comply strictly and in
all things with this Agreement and with the specifications.
C. The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facility(ies) periodically to conduct random open file evaluations
during the Contractor's normal business hours.
D. The Contractor warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and permits shall be submitted to the County upon request.
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8. Contractor's Financial Records and Right to Audit: Contractor shall maintain all
books, records and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access to LO
such records of each other parry to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to 0
this Agreement were spent for purposes not authorized by this Agreement,the contractor shall T
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statute, >
running from the date the monies were paid to Contractor. 1�
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Right to Audit
Availability ofRecords. The records of the parties to this Agreement relating to the Scope of
Services/Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps,bidding instructions,bidders list,
etc.); original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting >
documentation; general ledger entries detailing cash and trade discounts earned, insurance LO
rebates and dividends; any other supporting evidence deemed necessary by County or the ;
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any contract document(all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications such as,
but not limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10)years after Final Completion
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of the Scope of Services/Project. The County Clerk possesses the independent authority to
conduct an audit of Records, assets, and activities relating to this Scope of Services/Project. If
any auditor employed by the Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to
audit provisions survives the termination of expiration of this Agreement.
9. Public Records Compliance: Contractor must comply with Florida public records laws, E
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, records,papers, letters or other"public record"materials
in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Contractor in conjunction with this contract and 0-
related to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract. 0
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in >
order to comply with this provision.
C,
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is 0
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. LO
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer 0
the records to the County. T
(4) Upon completion of the contract, transfer, at no cost, to the County all public records >
in possession of the Contractor or keep and maintain public records that would be required by
the County to perform the service. If the Contractor transfers all public records to the County E
upon completion of the contract,the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
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(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this
provision by the Contractor. A Contractor who fails to provide the public records to the County
or pursuant to a valid public records request within a reasonable time may be subject to
penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law. 0-
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(c,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. �+
10. Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless
the County and the TDC from any and all claims for bodily injury (including death),personal 0
injury and property damage (including property owned by Monroe County) and any other 0
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 subcontractors in any
tier, occasioned by the negligence, errors or other wrongful act of omission of the Contractor
or its subcontractors in any tier, their employees or agents.
11. Independent Contractor: At all times and for all purposes under this Agreement the
Contractor is an Independent Contractor and not an employee of the County. No statement
contained in this Agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants or agents to be employees of the County.
12. Nondiscrimination: County and Contractor agree that there will be no discrimination U)
against any person, and it is expressly understood that upon a determination by a court of 5
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any parry, effective the date of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
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prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights
Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination
on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression,familial status or age; 11) any other nondiscrimination provisions in any 0-
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
13. Assignment/Subcontract: The Contractor shall not assign or subcontract its obligations
under this Agreement, except in writing and with the prior written approval of the County and
Contractor, which approval shall be subject to such conditions and provisions as the County
may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this >
Agreement. 1�
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14. Compliance with Law: In providing all services/goods pursuant to this Agreement,the 0
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this Agreement and shall entitle the County to terminate this Agreement
immediately upon delivery of written notice of termination to the Contractor. The Contractor
shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
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15. Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
principles and employees,presently have no interest and shall acquire no interest, either direct 0
or indirect, which would conflict in any manner with the performance of services required by T
this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes. County agrees that >
officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, E
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Florida Statutes,regarding,but not limited to,solicitation or acceptance of gifts;doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
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Upon execution of this Agreement, and thereafter as changes may require,the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises or requires for
counseling, assistance, evaluation or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual or Contractor, other than a bona fide employee working solely for it,
any fee, commission,percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion,to offset from monies owed, or otherwise recover the full amount 0-
of such fee, commission,percentage, gift or consideration.
16. Arrears: The Contractor shall not pledge the County's credit or make it a guarantor of
payment or surety for any agreement, debt, obligation, judgment, lien or any form of
indebtedness. The Contractor further warrants and represents that it has no obligation or 0-
indebtedness that would impair its ability to fulfill the terms of this Agreement.
17. Notice Requirement: Any notice required or permitted under this Agreement shall be >
in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
return receipt requested, to the following: C
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FOR TDC: Stacey Mitchell and Maxine Pacini
Monroe County TDC CL
1201 White Street 4102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026 U,
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FOR CONTRACTOR: Jon Gray
Rockport Analytics, LLC
620 Chesapeake Ave Suite 100
Annapolis, MD 21403
18. Taxes: The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
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Contractor authorized to use the County's Tax Exemption Number in securing such materials.
The Contractor shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
19. Termination:
A. The County may terminate this Agreement for cause with seven (7) days' notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under this Agreement.
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B. Either of the parties hereto may terminate this Agreement without cause by giving the
other parry one hundred and twenty (120) days written notice of its intention to do so.
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C. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the 0
conditions of Section 287.135(4), Florida Statutes, are met.
D. For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),Florida 0
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies 0
with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
the County shall have the option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
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20. Governing Law, Venue, Interpretation, Costs and Fees:
A. This Agreement shall be governed by and construed in accordance with the laws of the U)
State of Florida applicable to agreements made and to be performed entirely in the 5
State.
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B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
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C. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them, the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken 0-
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
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E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any parry 0-
relative to the enforcement or interpretation of this Agreement, the prevailing parry
shall be entitled to reasonable attorney's fees, court costs, investigative and out-of- .T
pocket expenses, as an award against the non-prevailing parry, and shall include >
attorney's fees, courts costs, investigative and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this 0
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual 0
and customary procedures required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Confer 0-
Sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties,then any parry shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted against
either parry relating to the formation, execution, performance or breach of this 0
Agreement, County and Contractor agree to participate, to the extent required by the T
other parry, in all proceedings,hearings,processes,meetings and other activities related >
to the substance of this Agreement or provision of the services under this Agreement.
County and Contractor specifically agree that no parry to this Agreement shall be E
required to enter into any arbitration proceedings related to this Agreement.
21. Binding Effect:ffect: The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors and assigns.
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22. Authority: Each parry represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
23. Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek and obtain Federal and State funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals and funding
solicitations are not for funding already provided under this Agreement.
24. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of officers, agents or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree 0-
and extent to the performance of such functions and duties of such officers, agents, volunteers
2.1
or employees outside the territorial limits of the County.
25. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any 0-
participating entity from any obligation or responsibility imposed upon the entity by law except 0
to the extent of actual and timely performance thereof by any participating entity, in which
case the performance may be offered in satisfaction of the obligation or responsibility. Further, >
this Agreement is not intended to,nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida 0
constitution, state statute and case law. 0
26. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the as
terms, or any of them, of this Agreement to enforce or attempt to any third-parry claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County 0-
and the Contractor agree that neither the County nor the Contractor or any agent, officer or
employee of either shall have the authority to inform, counsel or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits W
under this Agreement separate and apart, inferior to, or superior to the community in general
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or for the purposes contemplated in this Agreement. 0-
27. Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and a >
Drug-Free Workplace Statement.
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28. No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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Rockport Analytics
ID:2770
11
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F.2.a
29. Insurance: The Contractor shall maintain the following required insurance throughout
the entire term of this Agreement 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
Contractor to maintain the required insurance shall not extend any deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for Contractor's failure to maintain the required
insurance.
The Contractor shall provide,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 Agreement. All Insurance policies must specify that they have a thirty
(30) day notice of cancellation, non-renewal, material change in policy language or reduction
in coverage. 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
Agreement or imposed by law. The Monroe County BOCC, its employees and officials shall >
be included as an "Additional Insured" on all insurance policies, except for Workers'
Compensation, as their interests may appear in all policies issued to satisfy these requirements. 0
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Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements". Any
deviation must be approved in writing by Monroe County Risk Management.
0
A. Prior to the commencement of work governed by this Agreement, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to comply with Florida
Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance
with limits of not less than:
0
$500,000 Bodily Injury by Accident 0
$500,000 Bodily Injury by Disease
$500,000 Bodily Injury by Disease, each Employee >
Coverage shall be maintained throughout the entire term of this Agreement. Coverage E
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-
Vl, as assigned by the A.M. Best Company.
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Rockport Analytics
ID:2770
12
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F.2.a
B. Prior to the commencement of work governed by this Agreement, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life
of the Agreement and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
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The minimum limits acceptable shall be:
$300,000 per Occurrence and $600,000 Aggregate
0
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
2.1
policy, its provisions should include coverage for claims filed on or after the effective
date of this Agreement. 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.
C. Recognizing that the work governed by this Agreement involves the furnishing of
advice or services of a professional nature,the Contractor shall purchase and maintain, >
throughout the life of the Agreement, Professional Liability Insurance, which will
respond to damages resulting from any claim arising out of the performance of 0
professional services or any error or omission of the Contractor arising out of work 0
governed by this Agreement.
The minimum limits of liability shall be: $100,000 per Occurrence/$100,000
Aggregate.
The Monroe County BOCC shall be named as Additional Insured as their interests may >
appear on all insurance policies issued to satisfy the above requirements.
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D. Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Business Automobile
Liability Insurance. Coverage will be maintained throughout the life of the contract
and include, as a minimum, liability coverage for:
Owned, Non-Owned and Hired Vehicles
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The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable are:
Visitor Profile Agreement FY 2023
Rockport Analytics
ID:2770
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F.2.a
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional
Insured on all policies issued to satisfy the above requirements.
30. Uncontrollable Circumstances: Any delay or failure of either Party to perform its E
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or
negligence and that by its nature could not have been foreseen by such Party or, if it could have
been foreseen,was unavoidable: (a)acts of God; (b)flood,fire, earthquake, explosion,tropical
storm, hurricane or other declared emergency in the geographic area of the Scope of 0-
Services/Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Scope of Services/Project; (d)
government order or law in the geographic area of the Scope of Services/Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Scope of
Services/Proj ect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial 0
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within 7 days of any
event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, 0
and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all 0
diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume frill performance under this
Agreement. The County will not pay additional cost as a result of an Uncontrollable
Circumstance.
31. E-Verify: Effective January 1,2021: In accordance with F.S. 448.095, Contractor shall
utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and
shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the subcontractor during ,
the Contract term. >
32. Execution in Counterparts: This Agreement may be executed in any number of E
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
Visitor Profile Agreement FY 2023
Rockport Analytics
ID:2770
14
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F.2.a
33. Section Headings: Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement.
34. Force Majeure: The Contractor shall not be liable for delay in performance or failure
to perform, in whole or in part, the services due to the occurrence of any contingency beyond
its control or other acts of God, Contractor has exercised reasonable care in the prevention or
mitigation of damages and delay, any such delay or failure shall not constitute a breach of the
agreement. Upon demand of TDC or County, the Contractor must furnish evidence of the E
causes of such delay or failure.
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Visitor Profile Agreement FY 2023
Rockport Analytics
ID:2770
15
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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: Kevin Madok, Clerk of Monroe County
as
0
As Deputy Clerk Mayor/Chairman (D
MONROE COUNTY ATTORNEY (D
&�I,D AS TO TO :2
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1 0
CHRIM EIIMHERT-HARROWS
ASSISTANT COUNTY ATTORNEY CL
HATE 6122................
(To be filled out by Contractor) (D
it
as
Rockport lyti s, LLC 4-
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By 2. 1yti S, LLC
Pr* cipa Partner
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Print Name Date/
AND "'WO WITNESSES (D
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Print Name trint Name CL
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Date: Date:
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Visitor Profile Agreement FY 2023
Rockport Analytics
ID: 2770
16
Packet Pg. 594
F.2.a
To Be Completed andSigned By Proposers lnstu�rance Agency
1NSURAIN lI: ("AJIaIC1KI.sl '..1, FOR V11:INDORS 11SUBM!"I FIN , PROIIOII AI,S
OR 1311 IIS FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an
"X" will be required in the event an award is made to your firm. Please review this form
with your insurance agent and have him/her sign it in the place provided. It is also
required that the bidder signs the requisite form reflecting coverage and submit it with
the proposal.
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0
WORKERS' COMPENSATION AND
EMPLOYERS' LIABILITY
4-
X Workers' Statutory Limits
Compensation
0
Bodily Injury by Accident/Bodily LA
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee C
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$100,000/$500,000/$100,000
WCI Employers Liability $500,000/$500,000/$500,000
WC2 Employers Liability
WC3 Employers Liability $1,000,000/$1,000,000$1,000,000
WCiJSLH US Longshoremen&
Harbor Workers Act $1000,000
WCJA. Federal Jones Act
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$1 a700,000 ;
0
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Competitive Solicitation for Visitor Profile Survey Services-2022
4$
Packet Pg. 595
F.2.a
GENERAL LIABILITY
As a minimum,the required general liability coverages will include:
• Premises Products and Completed Operations
Operations
• Blanket Contractual Personal Injury
0
Required Limits:
G $300,000 Combined Single
L Limit
G $500,000 Combined Single °2
L Limit L-
G X $1,000,000 Combined Single CL
L Limit
G $2,000,000 Combined Single
L Limit
G $3,000,000 Combined Single 2 r Limit 0-
G $4,000,000 Combined Single CL
L Limit
G $5,000,000 Combined Single A
r Limit
Required Endorsement: CL
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GLLIQ Liquor Liability
GLS Security Services
All endorsements arc required to have the same limits as the basic pokey.
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Competitive Solicitation for Visitor Profile Survey Services-2022
Packet Pg. 596
F.2.a
BUSINESS AUTOMOBILE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VLI $50,000 per Person:$100,000 per Occurrence
$25,000 Property Damage
Or
$100,000 Combined Single Limit
(The use of VLI should be limited to special projects that involve
other governmental entities or"Not for Profit" organizations. Risk
Management must approve the use of this form).
$200,000 per Person; $300,000 per Occurrence
VL2 X $200,000 Property Damage 0-
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
VL3 $100,000 Property Damage
4-
or 0
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit .A
VL4 MISCELLANEOUS COVERAGES .,
0
0.
BRl Builders' Limits equal to the
0
Risk Full Replacement Value of the completed
project.
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CLI Cyber $1,000,000
MVC Liability
Limits equal to the maximum value of any one
PRO Motor shipment. >
Truck
PR02 Cargo $ 300,000 per Occurrence $ 500,000 Agg. as
P R03
$ 500,000 per Occurrence/$1,000,000 Agg.
Professional $1,000,000 per Occurrencei$2,000,000 Agg. �
POLL Liability
POL2
POL3 $ 500,000 per Occurrence$(1000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
POL4 Pollution $3,000,000 per Occurrence$6,000,000 Agg.
Liabilit
EDt y $5,000,000 per Occurrence/$10,000,000 Agg.
ED2 $ 10,000
$100,000
GKI
Employee
GK2 Dishonesty $ 300,000 ($ 25,000 per Vehicle)
GK3 $ 500,000 ($100,000 per Vehicle)
Garage $1,000,000 ($250,000 per Vehicle)
Keepers
Competitive Solicitation for Visitor Profile Survey Services-2022
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F.2.a
MEDI Medical $ 300,0001'$ 750,000 Agg.
MED2 Professional $ 500,000/'$ 1,000,000 Agg.
MED3 $1,000,000$ 3,000,000 Agg.
N ED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPI $ 300,000 (Requires MCS-90)
b
Hazardous Cargo
VLP2 $ 500,000 (Requires MCS-90) as
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that will
be in the Bailee's possession.
L-
HK.LI Hangar keepers $ 300,000 CL
HK.L2 Liability $ 500,000
HK.L3 $ 1,000,000
HK.L4 $ 5,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
CL
AIR3 $50,000,000
AE01 Architects Errors $ 250,000 per Occurrence'$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrencell$1,000,000 Agg.
AE03 $ 1,000,000 per Occurrence:$3,000,000 Agg.
AE04 $ 3,000,000 per OccurrenceS5,000,000 Agg. 0
-119
ARP All Risk Property Full Replacement Value of Structure U
0
EOJ Engineers Errors $ 250,000 per Occurrence:$ 500,000 Agg.
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E02 &Omissions $ 500,000 per Occurrence$1,000,000 Agg. .2
E03 $ 1,000,000 per Occurrence$2,000,000 Agg. 0
E04 $ 5,000,000 per Occurrence:Y0,000,000 Agg. CL
WLl Water Craft $ 500,000 per Occurrence
2 Liability $ 1,000,000 per
Occurrence L-
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Competitive Solicitation for Visitor Profile Survey Services-2022
Packet Pg. 598
F.2.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below.The following deductibles
apply to the corresponding policy.
Policy Deductibles
0
CL
Liability policies are ❑Occurrence ❑Claims Made
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0
L-
CL
Insurance Agency Signature
CL
j��✓t't-� LP r'l(Z�
BIDDERS STATEMENT
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CL
I understand the insurance that will be mandatory if awarded the contract and will comply in
full with all the requirements.
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Bidder's Name and Title Sig=nature A
Company Name: csCt�a�c?'t Y°Zec v
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Competitive Solicitation for Visitor Profile Survey Services-2022
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