Agenda 03/27/2012 Item #16F13/27/2012 Item 161.1.
EXECUTIVE SUMMARY
Recommendation to approve the award of RFP # 11 -5766 to Research Data
Services, Inc. for Tourism Research Services in the amount of $114,900
annually to include a revised termination notification period of 60 days
following County Attorney Office approval.
OBJECTIVE: Engage Research Data Services to perform Tourism research in
accordance with RFP #11 -5766.
CONSIDERATIONS: Notices of RFP #11 -5766 were distributed to 350 e-mail
addresses on December 15, 2011 and three (3) firms responded on the due date
of January 18, 2012. Each responding firm presented their credentials for
Research Services in proposals submitted on DVD.
The responses were reviewed by each of the selection committee members
independently and results were discussed in public at selection committee
meetings on February 15, 2012 in the County Purchasing Department. The firms
were ranked using the published point system included in the RFP document.
After discussion by the committee and public comment, the ranking system
placed Research Data Services, Inc. as the # 1 ranked firm.
The agreement provides for Research Data Services, Inc. to perform tourism
Research services for an initial two (2) years with two additional one (1) year
renewal periods at the County's sole discretion. Tourism Research Services are
to include the typical services outlined in Exhibit "A" attached to this agreement.
A monthly service fee of $9,575 ($114,900 annually) covers all research tasks in
Exhibit "A ".
Due to the number of assignments and scheduled projects in the scope of work
for this Research vendor, staff and the vendor request a change in the standard
termination period of thirty (30) days to sixty (60) days.
FISCAL IMPACT: The approved FY12 Marketing and Promotion Fund (184)
budget contains sufficient funding for this contract.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney's Office, requires majority vote, and is legally sufficient for Board action.
— CMG
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management plan with this action.
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3/27/2012 Item 16.F.1.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
(TDC) reviewed this RFP recommendation and unanimously recommended
approval (8 -0) on February 27, 2012.
RECOMMENDATION: That the Board of County Commissioners approve the
award of RFP # 11 -5766 to Research Data Services, Inc. for Tourism Research
Services and authorizes the Chairman to sign the tourism agreement in the
annual amount of $114,900 to include a revised termination notification period of
60 days following County Attorney Office approval.
SUBMITTED BY: Jack Wert, Tourism Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1.
3/27/2012 Item 16.F.1.
Item Summary: Recommendation to approve the award of RFP # 11 -5766 to Research
Data Services, Inc. for Tourism Research Services in the amount of $114,900 annually to include
a revised termination notification period of 60 days following County Attorney Office approval.
Meeting Date: 3/27/2012
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
3/12/2012 11:38:29 AM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
3/12/2012 11:38:31 AM
Approved By
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 3/12/2012 12:08:08 PM
Name: WertJack
Title: Director - Tourism,Tourism
Date: 3/12/2012 2:30:07 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/13/2012 7:25:48 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/13/2012 9:31:56 AM
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3/27/2012 Item 16.F.1.
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/13/2012 1:04:28 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 2:04:45 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/20/2012 10:04:49 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2012 11:31:09 AM
Packet Page -1120-
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3/27/2012 Item 16.F.1.
A G R E E M E N T 11-5766
for
Tourism Development Council (TDC) Research Services
THIS AGREEMENT, made and entered into on this 27th day of March 2012, by and between
Research Data Services, Inc., authorized to do business in the State of Florida, whose business
address is 777 South Harbour Island Blvd, Suite 260; Tampa, FL 33602, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
March 27, 2012, and terminating on March 26, 2014. The County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for two (2) additional one (1) year periods. The
County shall give the Contractor written notice of the County's intention to extend the
Agreement term not less than ten (10) days prior to the end of the Agreement term then
in effect.
2. STATEMENT OF WORK. The Contractor shall provide Research Services in
accordance with Exhibit "A ", Scope of Services, attached herein and incorporated by
reference, the terms and conditions of RFP #11 -5766 and the Contractor's proposal
referred to herein and made an integral part of this agreement. This Agreement contains
the entire understanding between the parties and any modifications to this Agreement
shall be mutually agreed upon in writing by the Contractor and the County Project or
Contract Manager or his designee, in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such services are authorized.
3. COMPENSATION: The County shall pay the Contractor for the performance of this
Agreement an estimated annual amount of one hundred fourteen thousand nine
hundred dollars ($114,900.00), based on the prices set forth in the Contractor's proposal,
subject to Change Orders as approved in advance by the County. Payments shall be
made to the Contractor on a monthly basis in the amount of nine thousand five
hundred seventy five dollars ($9575.00.) 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 ".
3.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame,
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3/27/2012 Item 16.F.1.
including required deliverables, incomplete and/ or deficient documents, failure to
comply with local, state and /or federal requirements and /or codes and ordinances
applicable to Contractor's performance of the work as related to the project. This list is
not deemed to be all- inclusive, and the County reserves the right to make sole
determination regarding deductions. After notification of deficiency, if the Contractor
fails to correct the deficiency within the specified timeframe, these funds would be
forfeited by the Contractor. The County may also deduct or charge the Contractor for
services and /or items necessary to correct the deficiencies directly related to the
Contractor's non - performance whether or not the County obtained substitute
performance.
3.2 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "lathes"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
3.3 Travel and Reimbursable Expenses shall be approved in advance in writing by the
County for Special Projects only. Payment for Special Projects shall be in accordance
with the hourly rate identified in Exhibit "B" Travel expenses shall be reimbursed as per
Chapter 125.0104 Fla. Stats. related to County Tourism Promotion Agencies.
3.4 Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Research Data Services, Inc.
Attn: Walter J. Klages, Ph.D., President
777 South Harbour Blvd.
Suite 260
Tampa, FL 33602
Telephone: 813/254-2975
Facsimile: 813/223-2986
Email: WJKlages @KlagesGroup.com
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3/27/2012 Item 16.F.1.
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing/ GS Director
Telephone: 239 - 252 -8407
Facsimile: 239 -252 -6584
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever,. County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
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3/27/2012 Item 16. F.1.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a sixty (60) day written notice. The County shall be sole judge of
non - performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General. Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
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3/27/2012 Item 165.1.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #11 -5766
Specifications/ Scope of Services and Addenda, Exhibit A, Scope of Services and Exhibit
B Fee Schedule.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and /or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is 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 Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
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3/27/2012 Item 16. F.1.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
23. KEY PERSONNEUPROTECT STAFFING: The Contractor's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. The Contractor shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate to meet the dates set forth in the Project Schedule. The Contractor shall
not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Contractor shall
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
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3/27/2012 Item 16.F.1.
24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of the Request for Proposal and /or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of
any conflict between the terms of the RFP and the Contractor's Proposal, the language
in the RFP would take precedence.
25. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof,
without the prior consent in writing of the County. Any attempt to assign or otherwise
transfer this Agreement or any part herein, without the County's consent, shall be
void. If Contractor does, with approval, assign this Agreement or any part thereof, it
shall require that its assignee be bound to it and to assume toward Contractor all of
the obligations and responsibilities that Contractor has assumed toward the County.
The space remaining on this page is intentionally left blank.
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3/27/2012 Item 16.F.1.
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W, Coyle, Chairman
Research Data Services, Inc
Contractor
Signature
Typed signature and title
.Approved as to form and
legal sufficiency:
Deputy County Attorney
i
Print Name
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3/27/2012 Item 161.1.
Exhibit "A"
Scope of Services
11 -5766 Tourism Development Council (TDC) Research Services
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) is a part of
Collier County Government and serves as the marketing arm of the Collier County Tourist
Development Council (TDC). The Collier County Tourism Department administers the work
of both the TDC and the CVB. The Tourism Department wishes to engage a research firm
that can perform primary and secondary research to determine various aspects of the tourism
efforts in the County.
Collier County reserves the right to task the Contractor to perform services that are deemed
necessary to be performed as "Special Projects ", which are related to the services outlined
herein, but which are not specifically set out in this Agreement. All Special Projects must be
approved in advance in writing by the County. Payment for Special Projects shall be in
accordance with the hourly rate identified in Exhibit "B ", together with any properly pre -
approved Travel and Reimbursable Expenses as defined in this Agreement.
The County reserves the right to order such services from the Contractor as may be required
during the contract period, but does not guarantee any minimum or maximum services to be
ordered during the contract period specified. Task assignments shall be at the sole discretion
of the County as directed by the Tourism Director.
The Contractor, at a minimum, must achieve the requirements of the Scope of Services stated
herein.
VISITOR PROFILE STUDY Task # 1
• Monthly face to face interviews in hotels and attractions
• Interviews at Southwest Florida International Airport (RSV) when possible
• Interviews at sports and special events as assigned by Project Manager
• Monthly interviews conducted on -line with past visitors or inquirers
• Monthly reports to CVB office profiling:
• Visitor demographics
• Economic, psychographic and budgetary factors
• Separate breakouts for business, meeting and leisure travelers
• Separate detailed origin and demographic reports on international and
domestic visitors
• Tourism Industry employment statistics within Collier County
• Seasonal reports for high, low and shoulder seasons
• Monthly third -party reports for economic trends, competitive destination
information and group meeting impact
• Sampling of visitor comments from face to face and on -line interviews
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3/27/2012 Item 16.F.1.
HOTEL OCCUPANCY & AVERAGE DAILY RATE STUDY Task # 2
• Monthly survey of hotels to determine Occupancy, ADR, Rev Par, Room Demand,
Number of Visitors, Visitor Spending, Visitor Economic Impact, Hotel Room Nights.
• Monthly report to County on results with comparisons to previous period
• Annual report with comparisons to previous year
• Seasonal reports for High, low and shoulder times of year
IMPACT OF TOURISM STUDY- Task # 3
Annual Report on economic impact of tourism on Collier County to include:
• Measurement of sales, gas and tourist development tax revenue and impact
• Tax savings to Collier County residents resulting from visitor spending
• Employment impact of tourism (i.e. jobs supported, jobs created, wages earned)
• Impact on schools, revenue generated to them
• Visitor spending at hotels, restaurants, shopping, attractions, gasoline
• Return on Investment of advertising dollars to visitor spending
INQUIRY CONVERSION STUDY- Task # 4
• Annual report of random sampling of inquiries for information from toll free
Number and web site, and direct inquiries to ads.
• Percent of conversions with comparisons to other similar sized destinations
• Return on investment for various publications and broadcast used in marketing the
destination.
• Economic impact from those respondents who came to the destination as a result of
our marketing efforts
FOCUS GROUP RESEARCH- Task # 5
Qualitative research on an as needed basis to measure or test the following: These sessions
should be placed in feeder markets:
• Testing of Advertising concepts
• Testing of brand positioning and perceptions
• Testing of consumer preferences, activities and perception of Collier County
• Testing of preferences with meeting planners
• Testing of website effectiveness, ease and methods of use.
• Executive summary and detailed tabulation of the results of each study
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3/27/2012 Item 16.F.1.
Exhibit "B"
Fee Schedule
11 -5766 Tourism Development Council (TDC) Research Services
Task 1a: Visitor Profile Study: Commercial Lodging (H /M /C /C)
Task lb: Visitor Impact Study: In -Home (V F /R)
Task lb: Visitor Impact Study: Regional (Day- Tripper)
Task 2: Hotel Occupancy and Average Daily Rate Study
Task 3: Impact of Tourism Study
Task 4: Inquiry Conversion Study
Task 5: Focus Group Research (Three Domestic Groups Per Year)
Total Core Research Program Tasks 1 through 5 Estimated Annual Fee
$114,900.00 to be paid in equal monthly amounts of $9575.00.
Hourly billing rate for Special Projects $135.00 per hour
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