Agenda 03/11/2014 Item #16F13/11/2014 16. F.1.
EXECUTIVE SUMMARY
Recommendation to approve Amendment #1 to Contract #13 -6080 with Jack
Rabbit Systems, Inc. to provide enhanced Book Direct consumer services by
adding five new booking options, authorize the Chairman to execute the
Amendment, and make a finding that this expenditure promotes tourism.
OBJECTIVE: Obtain approval to enhance our tourism website with the latest on -line
booking solutions and amend the service agreement with Jack Rabbit Systems, Inc.
CONSIDERATIONS: The CVB website www.r)aradisecoast.com has featured a hotel
booking solution for many years through Jack Rabbit Systems, Inc. We have constantly
tried to keep our website user friendly and make it easy for website visitors to book their
vacations on -line. The Collier County CVB was one of the first destination marketing
organizations to add a Facebook and mobile booking solution.
Jack Rabbit Systems, Inc. is our current provider of on -line hotel reservations and has
recently announced five new enhancements. Each of these enhancements matches the
specific needs we have been seeking to keep our website current with the needs of the
traveling public.
1. Special Offers & Packages Search Engine - gives our customers the ability to
match hotel reservations with special offers and packages available in our
destination. Price for 30 properties = $2,300 set up + annual fee of $4,750.
2. Attractions & Events Search Engine - ability to reserve and purchase admission
tickets to area attractions and special events in advance. Price for 20 attractions
= $1,500 set up + $3,200 annual fee.
3. Restaurant Search Engine - on line restaurant reservations using the Open Table
database. Price for up to 100 restaurants $2,125 set up + $4,100 annual fee.
4. Airline Search Engine - facilitates the search for airline reservations matched to a
date range the customer plans to visit our area. Price = $1,440 set up + $2,350
annual fee.
5. Trust You Review Scores - customer aggregated reviews on area
accommodations aggregated from Trip Advisor and other user generated review
sites. Price = $1,000 annual fee.
We have the ability to add one or more of these services to our website at the costs
listed above, or we can agree to all of these enhanced options at a highly discounted
25% off price of $5,524 for the one time set up fee plus an annual fee of $8,991. Staff
recommends adding all five of these booking enhancements to our website.
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The past year results with our current Jack Rabbit Systems, Inc. /Book Direct hotel
reservation system is as follows:
Net revenue on Book Direct reservations $254,109
Average stay revenue $1,783
ROI on stay revenue vs. Book Direct fee 22.86%
Average cost of referral to our hotels $0.55
FISCAL IMPACT: The additional cost to add all five options to our website is $14,515
for the first year and $8,991 per year for the next three years. Sufficient budget for first
year costs is presently available in Tourism Promotion Fund 184. If the proposed
amendment is approved future budgets will include required funding.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan from this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
recommended this item for approval 7-0 at the February 24, 2014 meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: Recommendation to approve Amendment #1 to Contract #13-
6080 with Jack Rabbit Systems, Inc. to provide enhanced Book Direct consumer
services by adding five new booking options, authorize the Chairman to execute the
Amendment, and make a finding that this expenditure promotes tourism.
PREPARED BY: Jack Wert, Tourism Director
ATTACHMENTS: Contract #13 -6080 and Amendment #1 to Contract #13 -6080.
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3/11/2014 16.F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve Amendment #1 to Contract #13 -6080 with
Jack Rabbit Systems, Inc. to provide enhanced Book Direct consumer services by adding five
new booking options, authorize the Chairman to execute the Amendment, and make a finding
that this expenditure promotes tourism.
Meeting Date: 3/11/2014
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator, Tourism
2/25/2014 2:50:32 PM
Submitted by
Title: Director - Tourism, Tourism
Name: WertJack
2/25/2014 2:50:33 PM
Approved By
Name: WertJack
Title: Director - Tourism, Tourism
Date: 2/25/2014 5:05:32 PM
Name: HerreraSandra
Title: Procurement Specialist, Purchasing & General Services
Date: 2/27/2014 8:53:14 AM
Name: Evelyn Colon
Title: Purchasing - Procurement Specialist
Date: 2/28/2014 8:58:44 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 3/1/2014 8:03:46 AM
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Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 3/3/2014 11:03:52 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 3/3/2014 11:42:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/3/2014 1:21:17 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 3/4/2014 11:24:02 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/4/2014 11:55:37 AM
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3/11/2014 16. F.1.
EXHIBIT A -1 Contract Amendment #1 to Contract #13 -6080
"Memorandum of Understanding for Tourism Booking Engine"
This amendment, dated , 20 to the referenced agreement shall be by and between the
parties to the original Agreement, JackRabbit Systems, Inc.(to be referred to as "Vendor ") and Collier
County, Florida, (to be referred to as "Owner ").
Statement of Understanding
RE: Contract # 13 -6080 "Memorandum of Understanding for Tourism Booking Engine"
In order to continue the services provided for in the original Contract document referenced above, the
Vendor agrees to amend the Contract as per the Supplemental Authorization Exhibit "A1 -A" attached and
incorporated herein by reference consistent with new Paragraph 12,
Paragraph 12. Book Direct Search Engine Enhancements: Special Offers & Packages Attractions &
Events, Flight/Air , Restaurant, plus the Trust You review service to the ParadiseCoast com website for a
one time implementation fee of $5,524 and an annual license fee of $8.99 1.
The term of this Amendment shall commence on the date this amendment is executed by both parties and
remain in effect for the duration of the initial contract term, and shall be continued through the term of
Contract #13 -6080 and any applicable extensions.
Note: Language deleted has been stmek thfeugh. New language has been underlined.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have
executed this Amendment on the date(s) indicated below.
Dwight E. Brock, Clerk
BY:
Vendor First Witness
By:
Print Name
Vendor Second Witness
By:
n Print Name
Accepted: , 20_
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
Tom Henning, Chairman
VENDOR:
JackRabbit Systems, Inc.
0
Print Name and Title
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Approved as to form and legality
` Assistant County Attorney
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jackRabbit9k
Exhibit Al -A
Collier County /Naples, Marco Island, Everglades CVB
Host Website Lease Agreement
Addendum for ParadiseCoast.com Website
JackRabbit Systems and Collier County/Naples, Marco Island, Everglades CVB have agreed to add the following
Book Direct Search Engines; Special Offers & Packages, Attractions & Events, Flight/Air, Restaurant, plus the
TrustYou review service to the ParadiseCoast.com website for a one time implementation fee of $5,524 and an
annual license fee of $8,991.
The term of this Addendum shall commence on the date this amendment is signed, and remain in effect for the
duration of the initial agreement term, and shall automatically renew for three (3) additional terms (each an
"Extension Term ") of one (1) year each unless terminated by either party upon written notice given not later
than sixty (60) days prior to the end of the initial or any Extension Term.
All other terms and conditions agreed upon within the current Agreement #13 -6080 as filed with Collier County
between the two parties signed as executed on October 1, 2013 will be the same as with this Addendum
Agreement.
466 W. San Francisco St. Santa Fe, NM 87501 1 tel 505 - 982 -2233 ( fax 888 - 867 -4582
www.jackrabbitsystems.com I info @jackrabbitsystems.com
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3/11/2014 16.F.1.
Adminisdirahe Seroc s Divson
Purchasing.
Mr, Tom Rickert, Executive Vice President
JackRabbit Systems, Inc.
466 West San Francisco Street
Santa Fe, NM 87501
Telephone: 505-982-2233
FAX: 505 -982 -1077
Email: tom @jackrabbitsystems.com
Re: Memorandum of Understanding for 13 -6080 Tourism Booking Engine
Mr. Rickert:
This Memorandum of Understanding is to document the mutual agreement between Collier County,
hereinafter called the "County" and JackRabbit Systems, Inc, hereinafter called the "Vendor." This
Memorandum of Understanding and the County Purchase Order Terms and Conditions, attached
herein and incorporated by reference (see Attachment 1) shall serve as the contract and guiding
principles of work performed by the Vendor for the County to replace the existing contract #10 -5440
which commenced on October 23, 2011.
Statement of Work
As a part of this online hotel booking solution, the Vendor must provide the following services:
1. Real time hotel bookings on a site directly linked to our tourism website
www.paradisecoast.com via "widget" and integrated user interface. Real time hotel bookings
are made directly with the Naples, Marco Island, Everglades Convention & Visitors Bureau
(CVB) lodging partners. The Vendor will drive direct referrals to the CVB's lodging partners to
book directly with the properties and does not transact the reservation on behalf of the
lodgings.
2. Booking site branded with CVB's Florida's Paradise Coast logo and brand graphics treatment.
3. No cost or fees to our destination hotels for bookings made on this site.
4. No cost to CVB for set up or conversion of data. An annual licensing fee paid by CVB is
preferred.
5. All Collier County hotels must be included, or have the option to be included on the
booking solution.
6. Booking solution design and implementation for non - branded hotels without a current
booking solution such as boutique hotels, condo rental agents, realtor group vacation
homes.
7. Mobile and desktop booking platforms.
8. Embedded interface for booking hotel rooms on CVB's Facebook page.
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9. Access to additional booking services that may become available now or as
enhancements in the future such as airline and attraction tickets, rental car reservations,
and dining reservations.
10. Real time tracking reports of customers using the booking solution. Information provided on
reports should include but are not limited to number of searches, referrals, clicks, and
originating path information.
11. No commissions or fees will be charged /collected from Collier County hotels, and there is no
revenue sharing to the CVB.
Term /Pricing
An extension of Contract #10 -5440 pricing shall be in effect from February 21, 2013 to September 30,
2013 for the amount of twelve thousand, seven hundred and seventeen dollars and fifty cents
($12,717.50)
The replacement contract 13 -6080 shall then commence on October 01, 2013 for a three (3) year
initial term. The County reserves the right to renew said contract with consent of the Vendor for three
(3) additional one (1) year contract periods under the same terms and conditions. The total annual
fee for all licenses and work under this contract is twenty three thousand, eight hundred and eighty -
five dollarsl$23,885 er year.
1
If you have any questions, please contact me at the information below,
Respectfully,
Adam Northrup, Procurement Strategist
Email: adam north rup(a-)_colliergov.net
Telephone: (239) 252 -6098
FAX: (239) 252 -6302 1
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County and Vendor agree that the foregoing Letter of Understanding is the product of mutual
n negotiation between County and Vendor.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
A EST: COLLIER COUNTY, FLORIDA
Dwi E. Brock, C rk of Courts
By. By:
Dated: oanne arkiewicz, nterim Pur s rag /General
Services Director �4'r
(S )
Jackrabbit Systems nc.
Contractor
B.
� L. Y
First fitness Signature
n1d4"7,"! hiot, 6,471
TType /print witness name'
Second Witness Type/print signature and title
Type /print witness nameT
Approved as to form and
legal sufficiency:
Assistant Co my Atto ey
—�F riot Name
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4.
Attachment I: Standard Purchase Order Terms and Conditions
Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and /or
services, or any similar act by VENDOR.
Inspection
All goods and /or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non- conforming or otherwise rejected by the
COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual
3/11/2014 16. F.1.
receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and must
be included on each package of less than
container load (LCL) shipments and /or with
each car load of equipment. The COUNTY
reserves the right to refuse or return any
shipment or equipment at VENDOR'S
expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare
to the carrier the value of any shipment made
under this Purchase Order and the full invoice
value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment Act,"
and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional period
of time as may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational
Health and Safety Act, the Federal Transportation
Act and the Fair Labor Standards Act, as well as
any law or regulation noted on the face of the
Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
3/11/2014 16.F.1.
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death of
any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark, copyright
or trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and ail claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non- infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. .Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida,
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non- exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the
Terms and Conditions of the Contract
Documents, the provisions of the Terms
and /or Conditions that are most favorable to
the County and /or provide the greatest
protection to the County shall govern.
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