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07/20/2022 Agreement GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 28, 2022 TO: Arnrnie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: July 20th BOCC Meeting Attached are electronic copies of the following items, which have been added to the record: F1 1st Amendment to Agreement with Key West Busniess Guild, Inc. for Gav and Lesbian Visitor Information Services to exercise the option to extend the agreement to September 30, 2024; increase the compensation by 5%to $55,125.00 a vear; and revise the scope of services to reflect how visitor data is collected. F2 Agreement with Rockport Analvtics, LLC to provide Visitor Profile Survey Services. F3 Agreement with Monroe County Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to supplement the cost of tourist related programs. F4 2nd Amendment to Agreement with the Village of Islamorada for the Dog Park Improvements at Founders Park Project to revise the Scope of Services (Exhibit A) of the agreement. F5 1st Amendment to Agreement with Florida Keys Land& Sea Trust, Inc. for the Crane Point Flying Forward Phase III Project to extend the agreement to December 31, 2022. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 VISITOR PROFILE SURVEY AGREEMENT THIS AGREEMENT (Agreement), made and entered into this 20th day of July 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; 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: 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 the Agreement for one additional two (2) year period under same conditions subject to negotiation of monetary terms. 2. Scope of Services: In consideration of the base monthly contractual amount,the Contractor 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 permissions have been obtained. A rotation plan for the locations selected has been 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 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 Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 1 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. E. Quality Control—Establish and maintain written procedures for assuring quality of survey data; include ensuring validity of interviewers in executing project; qualifying respondents; following rotation of interview days and locations; properly recording responses on survey instrument and inputting of data. F. Reports —Analyze data and provide 10 written reports to TDC of aggregate results per year as follows: 1) Four (4) quarterly County-wide reports, with data weighted according to TDC specifications, including an executive summary and data tables for each question tracking changes over time. The fourth quarterly report for the year shall also include annual results. 2) Two (2) semi-annual reports for Key West with an executive summary and data tables for each question tracking changes over time. 3) One(1)annual report for each remaining District of the county(Districts II- V) with an executive summary and data tables for each question tracking changes over time,for a total of four(4)District reports. The TDC reserves the right to request revisions of the survey instrument on a per annum basis. 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: 1) A monthly file of survey data within 45 days following the collection month; 2) A quarterly report of aggregate results for Monroe County, as stipulated in Scope of Services; 3) A semi-annual report of aggregate results for Key West as stipulated in Scope of Services; 4) An annual report of aggregate results for each of the remaining Districts of the Keys (Districts II-V) as stipulated in Scope of Services. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 2 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 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 620 Chesapeake Ave, STE 100 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 construed by the County, and the County's decision shall be final and binding upon 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 Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 3 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. 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 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 this Agreement were spent for purposes not authorized by this Agreement,the contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statute, running from the date the monies were paid to Contractor. 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 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 Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 4 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, 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 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is 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. (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 the records to the County. (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 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 5 (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. 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 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 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 against any person, and it is expressly understood that upon a determination by a court of 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 Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 6 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 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. 14. Compliance with Law: In providing all services/goods pursuant to this Agreement,the 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. 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 or indirect, which would conflict in any manner with the performance of services required by 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, 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 7 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 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 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: FOR TDC: Stacey Mitchell and Maxine Pacini Monroe County TDC 1201 White Street 4102 Key West, FL 33040 FOR COUNTY: Christine Limbert-Barrows, Assistant County Attorney PO Box 1026 Key West, FL 33041-1026 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 Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 8 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. 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. 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 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 Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies 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. 20. Governing Law, Venue, Interpretation, Costs and Fees: A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 9 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 provision with a valid provision that comes as close as possible to the intent of the stricken provision. 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 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- 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 Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual 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 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 Agreement, County and Contractor agree to participate, to the extent required by the 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 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 10 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 and extent to the performance of such functions and duties of such officers, agents, volunteers 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 participating entity from any obligation or responsibility imposed upon the entity by law except 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 constitution, state statute and case law. 26. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the 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 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 under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 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. 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 11 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. 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. 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: $500,000 Bodily Injury by Accident $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 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. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 12 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 The minimum limits acceptable shall be: $300,000 per Occurrence and $600,000 Aggregate 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 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 professional services or any error or omission of the Contractor arising out of work 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. 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 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 13 $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 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 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 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, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all 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 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 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 causes of such delay or failure. Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 15 • IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the c '• .i end year first above written. �_T``( i•. V -. E Board of County Commissioners y y ;'1 e in Madok, Clerk of Monroe County o a. aty As puty C ��k 1 Mayor/Ch an MONROE COUNTY ATTORNEY CHRISTINE LIMBERT•BARRO WS ASSISTANT COUNTY ATTORNEY • DATE 5/16/22_ (To be filled out by Contractor) Rockport lyti s,LLC By Pr' cipa artner • .5/ 2 Z Print Name Dat ' AND TWO WITNESSES i 1A ,,.4.(A.I (2) (1) O rr:A Mcm/1I40 k (2) •--...� Print Name rint Name • Date: 4i3p - Date: �� c� c) w - • .U iJ I'.'• Visitor Profile Agreement FY 2023 Rockport Analytics ID:2770 16 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. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Statutory Limits Compensation Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee $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 $1o00,000 Competitive Solicitation for Visitor Profile Survey Services-2022 48 GENERAL LIABILITY As a minimum,the required general liability coverages will include: • Premises Products and Completed Operations Operations • Blanket Contractual Personal Injury Required Limits: G $300,000 Combined Single L Limit G $500,000 Combined Single L Limit G X $1,000,000 Combined Single L Limit G $2,000,000 Combined Single L Limit G $3,000,000 Combined Single r Limit G $4,000,000 Combined Single L Limit G $5,000,000 Combined Single r Limit Required Endorsement: GLLIQ Liquor Liability GLS Security Services All endorsements arc required to have the same limits as the basic pokey. Competitive Solicitation for Visitor Profile Survey Services-2022 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 or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence VL3 $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit VL4 MISCELLANEOUS COVERAGES BRl Builders' Limits equal to the Risk Full Replacement Value of the completed project. CLI Cyber $1,000,000 MVC Liability Limits equal to the maximum value of any one PRO Motor shipment. PR02 Truck PR03 Cargo $ 300,000 per Occurrence $ 500,000 Agg. $ 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. EDt Liability $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 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) VLP2 Hazardous Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of County Property that will be in the Bailee's possession. HK.LI Hangar keepers $ 300,000 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 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. ARP All Risk Property Full Replacement Value of Structure EOJ Engineers Errors $ 250,000 per Occurrence:$ 500,000 Agg. E02 &Omissions $ 500,000 per Occurrence$1,000,000 Agg. E03 $ 1,000,000 per Occurrence$2,000,000 Agg. E04 $ 5,000,000 per Occurrence:Y0,000,000 Agg. WLl Water Craft $ 500,000 per Occurrence WL2 Liability $ 1,000,000 per Occurrence Competitive Solicitation for Visitor Profile Survey Services-2022 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 Liability policies are ❑Occurrence ❑Claims Made Insurance Agency Signature G 7 LtiC -Zi-� W c WtL� �v�7Sv g5,,��t L P r'1.(Z'� �v ��ti e tk� `i37 BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. LrA-%*v C,10,�l ^4c�-f� Bidder's Name and Title Sig=nature Company Name: 1C QaQ49`41't Y'7e c v Competitive Solicitation for Visitor Profile Survey Services-2022 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE " K R-� �7?� —C 97 r�K a* s.�S (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Si ature) Date: I AL-Z STATE OF: M,� COUNTY OF: Ag-\nP— Subscribed and sworn to (or affirmed) before me, by means of['physical presence or❑ online notarization, on 1" /Z0 2 Z (Date) by 5O n Ct i- an (name of affiant). He/She is personally known to me or has jPoduced C.Qn (type of identification) as identification. ` NOTARY PUBLIC EUBLI My Commission Expires:PUBLICLa`IDRUNIDEL UNTY PIRES JAN.22,2024 Competitive Solicitation for Visitor Profile Survey Services-2022 42 NON-COLLUSION AFF[DAVIT 1, of the city of nn�Fv�ts . according to law on my oath, and under penalty of perjury, depos and saysay tha w I am Jew of the Agency of s �* the Proposer making the Propo al for the in the Notice of Request for Competitive Solicitations for: I S!Zu✓1 pect ,desci-Nd 'vwr� =��2 zed' and that I executed the said Proposal with full authority to do so; and 1. The prices in this Proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to Proposal opening, directly or indirectly, to any other Proposer or to any competitor; 3. No attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit, or not to submit, a Proposal for the purpose of restricting competition; and 4. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the s tements contained in this affidavit in awarding agreements for said project. (Sig ture of f roposer) ( ate) STATE OF: / - ` 0 COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of physical presence or❑ online notarization, on 0 L- `Zo 22. (Date) by (name of affiant). He She is personally known to me or has produced (type of identification) as identification. MAIAAS R R NOTARY PUBLIC NOTARY PUBLIC ANNE ARUNDEL COUNTY My Commission Expires: r l 2Z Z a z c MARYLAND W COMMISSION EXPIRES JAN.22,2024 Competitive Solicitation for Visitor Profile Survey Services-2022 41 DRUG-FREE WORKPLACE FORM The tyadersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in Subsection 1.04. 4. In the statement specified in Subsection 1, notifies the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section. S the per ')authorized to sign the statement,I certify that this Agency complies fully with the above re uir ffj ;�� I/I 4//Z-2- Propofer,s Signature Date STATE OF: COUNTY OF: Mae- A rLk rs S Subscribed and sworn to (or affirmed)before me, by means of b6hysical presence or 0 online notarization, on 2_7 (Date) by -TC)(10,41 a o cr-CCL�, (name of affiant). He/She is personally known to me or has 'j produced C Azr-t e-z (type of identification) as identification. mAJAA gARWER NOTARY pUBLIC NOTARY PUBLIC ANNE ARUNDEL COUNTY 6 / Z-Z/9 -,-> MARYLAND My Commission Expires: ( W COMMISSION EXPIRES JAN,22,2024 Coin ctitive Solicitation for Visitor Profile Survey Services-2022 43 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 a contract to provide any,goods or services to a public entity, may not submit a bid on a contract 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 CONTRACTOR under a contract 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." I have read the above and state that neither %eevo-r gp4,,.yz,,S(Respondent's name) nor any tliate has been placed on the convicted vendor list within the last 36 months. () ature) Date: 2Z- STATE OF: COUNTY OF: Subscribed and sworn to or affirmed)before me,by means of physical presepre or 0 online notarization, on 6-4' 1 2©2Z (Date) by CZn QJK0 AI:Y-Mcll (name of affiant). He/She is personally known to me or has roduced pis Lt C kN (type of identification) as identification. NOTARY PUBLIC _ My Commission Expires: C - 2c1 2 c� MAIA A SAR R NOTARY PUBLIC ANNEARUNDEL COUNTY MARYLAND MY COMMISSION EXPIRES JAN.22,2024 Competitive Solicitation for visitor Profile Survey Services-2022 44 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must complete this form. Name of Proposer/Responder �C-C'6&L(o Date: f eL-7- 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? /Vo (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? /Lo . The physical business address must be registered with the Florida Department of State as its principal place of business for at least one year prior to the notice of request for bids or proposals. (Please furnish copy of Florida Department of State Detail by Entity Name sheet showing Principal Address). List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, set-vices or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor address within Monroe County from which the subcontractor operates: Telephone Number: Competitive Solicitation for Visitor Profile Survey Services-2022 45 Print Name: L,--1 (kt—V-4—,�- , V12-,.r OWL— Signature anr& Aut orized ignatory for Bidder/Responder: STATE OF: / `" 1 L COUNTY OF: / cw\e-- A Subscribed and sworn to or affirmed)before me,by means of Wphysical presen e or❑ online notarization, on © (Date) by aon 0.. 0an co' Cukme of affiant), e/She is personally known to me or has p oduced j\VZC ` �iC'��� _ (type of identification) as identification. No ary Public Print Name l My commission expires: ` 12 2 Z`� (Seal) MAIAA SARWER NOTARY PUBLIC ANNB YLANDOUN MARMY COMMISSION FIRES JpN. 2024 Competitive Solicitation for'Visitor Profile Survey Services-2022 46 VENDOR CERTIFICATION :REGARDING SCRUTINIZED COMPANIES LISTS Project Descripton(s): VtJ71J,,V1._ PQ5�2�,�Q-4— Respondent Vendor Name: rZ Vendor FE1N:��.�2.qq �+ Vendor's Authorized Representative Name and Title: � J�.�H2 Address: G cAC- City: k^,,&CtA a State:�7 Zip: f Yal — Phone Number: ( .E: — `76 O Email Address: 9-cy re. 7' Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.2.15.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: L,,V" who is authorized to sign on behalf of the above referenced co Authorized Signature: _ Print Name- Title. M nrC.( Note: The List are available at the following Department of Management Services Site: htq)://www.dms.myflorida.com/business operations/state Purchasing/vendor information/convicted suspended discriminatoa complaints vendor lists Competitive Solicitation for Visitor Profile Survey Services-2022 47 F-DATE A�® CERTIFICATE OF LIABILITY INSURANCE 06/09/2022YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BIBERK PHONE 844-472-0967 FAX 203-654-3613 P.O. Box 113247 A/C No Ext: A/C NO): E-MAIL customerservice@biBERK.com Stamford, CT 06911 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER ABerkshire Hathaway Direct Insurance Company 10391INSURED INSURERB: Wellfleet Insurance Company 32280 Rockport Analytics INSURER C: 1610 Herron Ln INSURER D 7 West Chester, PA 19380-6432 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM DD YYYY MM DD YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAG ToCLAIMS-MADE C OCCUR PREM SES Ea occED.nce $ 50,000 A X Hired&Non-Owned Auto X N9BP269912 08/13/2021 08/13/202 MMED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑ PRO ❑ LOC I PRODUCTS-COMP/OPAGG $ 4,000,000 JECT & X OTHER: �tl ""'=„=.' $ AUTOMOBILE LIABILITY W ,„„. �. -. tl """ "'"""' COMBINED SINGLE LIMIT $ Ea accident ANY AUTO ww. , 8 2022 _.,._,,,�, BODILY INJURY(Per person) $ OWNED SCHEDULED '"' AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED t - ----- PROP ERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB L: CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA N9WC637347 06/09/2022 06/09/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability (Errors & X N9PL236347 08/01/2022 08/01/2023 Per Occurrence/ $ 100,000/ Omissions): Claims-Made Aggregate $ 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Board of County Commissioners is listed as additional insured as it pertains to general liability(see endorsement attached) Hired And Non-Owned Auto is included in the general liability policy limits(see endorsement attached) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Rockport Analytics, LLC Contract for: Visitor Profile Survey Services Address of Contractor: 620 Chesapeake Ave Suite 100 Annapolis, MD 21403 Phone: 443-629-7150 Scope of Work: Collect and report visitor survey data Reason for Waiver: Organization has no Employees or Autos Policies Waiver will apply to: W rk rs Comp and Auto Signature of Contractor: Approved X Not Approved Risk Management: Date: 6/10/2022 County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction#4709.2