Item D02 D2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: D2
2023-2570
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Kelli Fountain- Director of Market
No Research
AGENDA ITEM WORDING: Approval to accept proposal from H2R Market Research and enter
into agreement to conduct a 2024 Florida Keys Affluent Traveler Study to identify key motivations and
influences of visitors in selecting the Florida Keys and Key West destination for travel in the amount of
$16,900.
ITEM BACKGROUND:
The TDC Director of Market Research sought proposals from market research firms to perform a study
to identify key motivations and influences in the visitors' selection of the Florida Keys and Key West
destination for their visit. Three (3)proposals were received and H2R Market Research was the lowest
priced proposal in the amount of$16,900.
In 2022, our Visitor Profile Study showed that the average household income of our visitor is above
$120,000. Furthermore, the study showed that nearly one-third of visitors (30%) earn more than
$150,000 annually. As the current economy remains a concern, it is important to continue to strive to
be appealing to visitors who are more situated to be insulated against inflation and recession. We
would like a study developed to identify key motivations and influences in selecting this destination.
We would like the focus to be on adults with household income $150,000+, age 30-64 who actively
travel, i.e., have taken at least one leisure vacation in the past 12 months. Additional focus of the study
will be on motivations and barriers for travel to the destination, destination perception, and intent to
visit.
2383
Attached is the proposal from H2R Market Research/Henry Enterprises LLC. The proposal includes a
link to H2R Market Research's standard terms and conditions. An addendum with the County's
standard terms and conditions signed by H2R Market Research is also attached. The County's
addendum ensures that the County's standard terms and conditions are adhered to under the proposal
and terms of conditions in the performance of this study.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Proposal from H2R Mark-et Research for The Florida Keys 2024 Affluent Travelers Brand Study -
Terms of Service - H2R Mark-et Research.pdf
H2R Mark-et Research Proposal for The Florida Keys 2024 Affluent Travelers Brand Study- signed.pdf
Addendum to Terms and Conditions H2R 6 7 24 - signed.docx
FINANCIAL IMPACT:
The cost of the Study is $16,900 which will be paid from the TDC research budget.
2384
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5/17/24,2:49 PM Terms of Service-H2R Market Research
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Addendum
Monroe County Contract
Terms and Conditions
The Monroe County Board of County Commissioners (herein after"County"or'`Customer") and Henry
Enterprises LLC d/b/a H2R Market Research(herein after"Company") agree as set forth below.
The County and Company hereby enter into this addendum to H2R Market Research's TERMS &
CONDITIONS" ("Agreement") and agrees to the following:
The Agreement includes and incorporates the Proposal, Terms and Conditions and this Addendum.
The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with
Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida
Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local
Government Prompt Payment Act. Company shall submit to the County invoices with Supporting
documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (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 County 9 performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
The County s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28,
Florida Statutes.
Maintenance of Records: Company 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 party to this Agreement for public records
purposes during the term of the Agreement and for five years following the termination of this Agreement.
If an auditor employed by the County or the determines that monies paid to Company pursuant to this
Agreement were spent for purposes not authorized by this Agreement, Company shall repay the monies
together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid
to Company.
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the Customer and Company
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agree that venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-pre prevailing party, and shall include attorney's fees and courts costs 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.
Nondiscrimination: The Parties 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 party,
effective the date of the court order. The Parties 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 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 s. 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.
Public Records Compliance. Company 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 Customer and Company in
conjunction with this contract and related to contract performance. The Customer shall have the right to
unilaterally cancel this contract upon violation of this provision by Company.Failure of Company to abide
by the terms of this provision shall be deemed a material breach of this contract and the Customer may
enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, 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. Company is encouraged to consult with its
advisors about Florida Public Records Law in order to comply with this provision.
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Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
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 enforce any third-party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the County and the Contractor agree that neither
the Customer nor the Company 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.
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.
E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Company 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 work
authorization status of all new employees hired by the subcontractor during the Agreement term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of
F.S. 448.095
COUNTY FORMS. By signing this Agreement, Company has sworn or affirmed to the following
requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace
Statement and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in
this Agreement.
Public Entity Crime Statement
Company certifies and agrees that Company nor any Affiliate has been placed on the convicted
vendor list within the last 36 months.
In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide 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 a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with
any public entity.
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, proposal or reply on contracts to provide any goods or services to a
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public entity,may not submit a bid,proposal or reply on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids, proposals or replys on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
Company or subcontractor 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 of the Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
By signing this Agreement, Company represents that the execution of this Agreement will not violate the
Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from
Customer's competitive procurement activities.
In addition to the foregoing, Company further represents that there has been no determination, based on
an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes,
as a "public entity crime" and that it has not been formally charged with committing an act defined as a
"public entity crime"regardless of the amount of money involved or whether Company has been placed on
the convicted vendor list.
Company will promptly notify the Customer if it or any subcontractor is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list.
Ethics Clause
By signing this Agreement, 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 Customer 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.
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Company agrees and certifies compliance with the following:
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 Terrorism Lists which were created
pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Company, I hereby certify that the company identified above
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 Terrorism List, or engaged in business
operations in Cuba or Syria.
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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 Terrorism List or been engaged in business operations
in Cuba or Syria.
Note: The List are available at the following Department of Management Services Site:
r------�`---- ----- ------ --------------------✓-----`
_____,„„-w____(Jis 1 lllln �r �d 4,d➢� �nlC��uw V( TY(J ➢r lists
Non-Collusion Affidavit
Company by signing this Agreement, according to law on my oath, and under penalty of perjury, depose
and say that the person signing on behalf of the firm of Company, the bidder making the Proposal for the
project described in the Scope of Work and that I executed the said proposal with full authority to do so;
the prices in this bid 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 bidder or with any competitor; unless otherwise required by law, the prices which have been quoted
in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt
has been made or will be made by the bidder to induce any other person, partnership or corporation to
submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this
affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of
the statements contained in this affidavit in awarding contracts for said project.
H2R Market Research
Signature
Jill Renner
Name
President
Title
6/7/24
Date
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