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Agenda 06/14/2011 Item #16F1 . . . 6/14/2011 Item 16.F.1. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an addendum to Contract # 10-5440 for enhancements to Book Direct Hotel Booking Service with Jack Rabbit Systems for an annual expenditure of $18,250 for a total three year agreement cost of $60,065. OBJECTIVE: Approve addendum to service agreement with Jack Rabbit Systems for enhancements to the hotel booking system on the Convention & Visitors Bureau (CV8) website managed by the Tourism Department. CONSIDERATIONS: The Tourism Department researched options for a hotel booking system for their website www.paradisecoast.comin 2010. The company designated as a sole source provider for those services was Jack Rabbit Systems for its Book Direct program. This is the only system found to have no cost to the hotel for consumers booking rooms. The CVB covers the annual maintenance cost for the service. The convenience of booking a hotel using a direct link on the CVB's website has proven to be a very successful service. Since the inception of the Book Direct program, the CVB has been able to track an average of 2,500 booking inquiries per month for Collier hotels. Jack Rabbit Systems has now offered two enhancements to the existing hotel booking system that will be very beneficial to the traveling public. These enhancements include a mobile booking system and a Facebook interface. The combined annual cost of these two enhancements is $8,280 for year one (prorated for 10 months) and $9,935 for year two. The original cost of the Book Direct system was $18,600 for the first year including a $3,500 setup cost and $11,625 annually for the subsequent two years. This makes the total cost over three years of the agreement to be $60,065 for the base booking service and the two new enhancements. FISCAL IMPACT: The funding for this service agreement is in the approved tourism department budget under Contractual Services in Tourism Promotion Fund 184. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact from this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign an addendum to Contract # 10-5440 for enhancements to Book Direct Hotel Booking Service with Jack Rabbit Systems for an annual expenditure $18,250 for a total three year agreement cost of $60,065. SUBMITTED BY: Jack Wert, Tourism Director Packet Page -1857- . . . ~ 6/14/2011 Item 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1. Item Summary: Recommendation to approve and authorize the Chairman to sign an addendum to Contract # 10-5440 for enhancements to Book Direct Hotel Booking Service with Jack Rabbit Systems for an annual expenditure of $18,250 for a total three year agreement cost of $60,065. Meeting Date: 6/14/2011 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 5/26/2011 10:57:53 AM Submitted by Title: Director - Tourism, Tourism Name: WertJack 5/26/2011 10:57:54 AM Approved By Name: WoodLyn Title: Contracts Specialist,Purchasing & General Services Date: 5/26/20112:45:17 PM Name: WertJack Title: Director - Tourism,Tourism Date: 5/26/2011 3:37:21 PM Name: CamellSteve Title: Director - Purchasing/General Services,Purchasing Date: 5/27/2011 6:24:16 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 5/27/2011 8:38:28 AM Packet Page -1858- . . . 6/14/2011 Item 16.F.1. Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 11 :51 :37 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:14:57 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:54:51 AM PacketPage-18S9- 6/14/2011 Item 16.F.1. . f!!!!!!'!!- . . JaCkRabbit ~ www.jackrabbirsys-rems.com Host Website Lease Letter of Agreement 1. JackRabbit Systems (JACKRABBIT) provides the BookDirect™ lodging search/availability engine (BOOKDIRECT) that generates qualified clicks to member lodging facilities. 2. Naples, Marco Island, Everglades Convention & Visitors Bureau, a division of Collier County Board of County Commissioners (HOST) maintains a high-traffic website, W\I\IW.paradisecoast.com (HOST WEBSITE). HOST assigns the following as the technical contact responsible for implementing BOOKDIRECT on HOST WEB SITE: Name Debi DeBenedetto Phone 239-252-2379 Email debide@colliergov.net (Technical Contact) 3. HOST agrees to embed BOOKDIRECT into HOST WEBS1TE under the following Terms & Conditions: a. JACKRABBIT shall brandldesign BOOKDIRECT to match HOST WEBSITE. b. JACKRABBIT shall receive design approval from HOST before providing code for HOST to embed BOOKD1RECT on HOST WEBS1TE. c. HOST shall embed BOOKDIRECT on HOST WEBSITE home page, accommodation/lodging page(s), and any other page(s) agreed upon by JACKRABBIT and HOST. d. HOST will send out sign-up form or receipt of acknowledgment to independent lodging properties (non- chain) to acknowledge in writing that JACKRABBIT will index their reservation system to display availability and rate information on HOST WEBSITE. * All major chain lodging properties have already signed a corporate agreement with JACKRABBIT giving permission to index their reservation system. e. HOST shall pay a wholesale leasing fee of the BOOKDIRECT technology in the amount of $18,600 ($1,550 per month) per year to JACKRABBIT. A 25% discount* for the term will apply with a three year agreement. Payment of the annual lease of $18,600 in the first year is due upon receipt of a valid invoice and in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act". The second and third payment installments of $11,625 will be payable at the beginning of each new year. Payment will be made to JACKRABBIT in accordance with Chapter 218, Florida Statutes, also known as the Local Government Prompt Payment Act. *The 25% discount is calculated on all three years; however the discount for all three years is reflected in the second and third year with a total savings of $13,950 over the three years. f. HOST shall pay a setup fee of the BOOKDIRECT technology in the amount of $3,500. Payment will be made to JACKRABBIT 30 days of signed Agreement date upon receipt of a valid invoice and in accordance with Chapter 218, Florida Statutes, also known as the "Local Govemment Prompt Payment Act". g. JACKRABBIT shall provide HOST with online access to reports that summarize the performance of BOOKDIRECT by vendor category. h. JACKRABBIT shall own the data collected on the HOST WEBSITE. (Data is defined as; clicks, conversions, and originating path information, all of which are gathered for BookDirect Reports). i. HOST shall refrain from entering into any additional agreements, and/or setting up any other services that would compete with BOOKDIRECT. j. In the event that the HOST determines they would like to add additional BookDirect components to the HOST site (hotel specials and evenUattraction tickets) an addendum to this agreement with the leasing fees for those components will be added. k. HOST shall maintain confidentiality for a period of five (5) years from the date of disclosure of any formulae, techniques, computer programs, devices, methods, know-how andlor business data relating to the BOOKDIRECT software, subject to Chapter 119, Florida Statutes, also known as the Public Records Law. I. The initial term of this agreement shall be commencing on the date this agreement is signed for the period of three (3) years. 466 W. San Francisco St. Santa Fe, NM 87501 I tel 505-982-2233 I fax 888-867-4582 www.jackrabbitsystems.comlinfo@jackrabbitsystems.com Page 1 of2 Packet Page -1860- 6/14/2011 Item 16.F.1. BooSQfBECl Guiding Travef/iirs Straight To Hotels JackRabbit 9a.. Wt.....~...~.p;..:~ iabbj:SY5!e;;;~. CG,,,:? . m.Either party shall have the right to terminate this contract if the other party breaches or fails to perform ,any of its material obligations hereunder which breach or failure has not been cured within thirty (30) . days after receipt of written notice of such breach from the non-breaching party. n, Disclaimer of Warranty: Except as otherwise specifically set forth herein, JACKRABBIT makes non- i representation or warranty, express or implied, concerning BOOKDIRECT or the software, including all ,implied warranties of merchantability fitness for any particular purpose, title and non-infringement. All 'other warranties being expressly disclaimed by JACKRABBIT and waived by the Host. o. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Vendor (JACKRABBIT SYSTEMS) and HOST shall mutually indemnify and hold harmless, its officers 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, i or internally wrongful conduct of the Vendor of anyone employed or utilized by the Vendor 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. This section does not pertain to any incident arising from ,the sole negligence of Collier County. I The undersIgned is authorized to contract for the above-stated company and agrees to and is familiar with the full Terms & Conditions stated on this Agreement. Host: Co~lier County Board of County Commissioners Signature For JackRabbit: I ern R vvalrl::>"''* fl."'dr~lIJ Ue./\ LtJ.&heAe. ) Jire~tor of CalBS pres'. dOli, T ~jc5ZL- Z/u./ I 0 I I Name Name Stephen Y Carnell Title! General Services Director I <;(~dl1 Q ,,1~111. signature:~ ~- ( b/Ptt ' Date: p l1-W V IA I i/ Witness: /;12L-710-ll) IC.lM'J1 Y i : L.' ~/)~. . r/) ,j::-' Witness ..'---0---' ., ",--"- "--L..J.J" '.':=.t~ Title Date Witn Witness \'\ r ;. \"~ '..j'J ----' Contact 'Information: :,~ ~~Bc~rri1~";l_ -':-: }~-~~:}~l:"!ii;B(f :::.T~~t~ffi.~~7d";~:j~.;r."~:~~?~.Z7'0"~~~?;; ~p.E1ffg~ta,!~_J.:XP:'~.. Naples, Marco Island and the Everglad~s CVB ;. ~rimafY,CorttacE ,.~- r~~' ... '- Debi De~enedetto 2800 N. Horseshoe Dr. Naples, FL 34104 ~;/"[m;ai!~--~;,,~~:_~(~:~'~9.;.'2;:::,i~~" .~~~f'~en~:-,~~:< i;:'-F debide(ci)collieraov.net 239-252-2379 239-252-2404 . i & '0. I I ~l fl;.-~enc\ APproved as to T~rm l,-,!g:~ it\-r ~;:r ;:...--:...,-(""1"\ C'~ c-::'~"'a F-. '\~""; F-'-':';,n', ' ';';' ;;)";r:;,..9R?_':?"Y:l":_ ~ f~y :='::::S-f'57-4'>3? . caJ2a 1 ~' - ,'~'G ',""",,0,-- ,'''' . ~--"., ",...e. ." -~. ,_ ~ _ . --', :...~ --~..' ~,_.. J ,. - . '... .. ~. ''''r-(' --_!-..t..,....~.".....~,.-,C" '-'J'f-'-' '. .r....--'...f ....-......,".--::"l~l-L..,lo.--.........-:;....,,-'~ -.......''rI 1 1:2t., . "","<. J__.,~.L"~"'"i~k".~,.. " . """,''',-,d~__ ",,:.:"'.-,.,. k..... cG!le~rfGreene, Assistant pounty Attorney . ;:'8,~(~ .2 -:.-12. Packet Page -1861- . ~,J'$..'~..' ,.., ,,',. ,~rGet.. ".-...:.' ~.. .~...,.,.,~." ~ ~.~ ~SeM:es'~' ."~~,:" . [83 Contract Change Request a,d~ ., ~1 /!J~t-6/1~rj~1; Item 16.F.1. Purchasing Department Change Modification Form o Work Order Modification - Project #: POIWork Order #:4500122670 Department: Tourism Project Name: Hotel Booking Service Contract #10-5440 Mod#: 1 Contractor/Finn Name: Jack Rabbit S stems Original ContractlWork Order Amount ~~~"~~~~fa5Ii.~ ;1~~:~~~~~f~1at Original BCC Approval Date; Agenda Item # Current BCC Approved Amount ~~~fl~~i~~:~~r.~,~u~1 J~i~~~~iifr.~fflijl Last BCC Approval Date; Agenda Item # Current ContractNVork Order Amount i~~!~~%'~~I~1Jf:a~~ Dollar Amount of this Change ~~f~=B~~-SlmQy 43.52% Total Change from Original Amount Revised New ContractIWork Order Total I $60,065.001 #DIV/OI Change from Current BCC Approved Amount Cumulative Chanoes I $18,215.00 I 43.52% Change from Current Amount Original notice to proceed completion date: nla Number of days added (if extension, must attach current insurance certificate(s) from SAP or obtain from vendor: Add new task(s) Revised completion date (includes this ongoing change): 2/21/13 Explain why additional days are needed (detailed/specific): D Change task(s) Delete task(s) Other (specify): 1. Provide a detailed and specific explanation of the requested change(s) to the task{s): Enhancements to the Book Direct hotel booking system to include a mobile booking system and Facebook interface to existing hotel booking system. 2. Provide detailed rationale for the requested change: This change is necessary to implement mobile hotel booking capability. to allow the traveling public to book hotel reservations via mobile devices. 3. Provide explanation why change was not anticipated in original scope of work: The aforementioned enhancements were not available for implementation at commencement of agreement. 4. Describe the impact if this change is not processed: If these enhancements are not implemented, it would inhibit our ability to effectively market our destination to the large segment of the traveling public that utilize mobile devices and social media to book hotel accommodations. l!iR~~fj~~~~g~!.iiiJ!~~c~~," 2. Unforeseen conditions/circumstance 5. Value added ~~y~{~i!!fi9~i~~i(~~~Ett1I\; Revised: 4/6111 1 PacketPag~-1862- A roved b : 'c::!l <e/cW'~~ Name and Title: Jack Wert, Tourism Director Reviewed by: ' Purchasing Profes~ional's Name: Packet Page -1863- Date: Sf. 6/14/2011 Item 16.F.1. Date: ~- . Revised: 416/11 2 6/14/2011 Item 16.F.1. .."a,IlER . Guiding Travelers Slraight To Hotel. . . JaCkRabbit ~ www.)ackrabbirsysrems.com Addendum to BookDirect™ Host Website Lease Letter of Agreement (executed 3/9/2010) JackRabbit Systems (JACKRABBIT) provides the BOOKDIRECTiU Mobile engine (BOOKDIRECT MOBILE) and the BookDirect Facebook application (BOOKDIRECT FACEBOOK) that generates qualified clicks to member lodging facilities. Naples. Marco Island and the Everglades Convention and Visitors Bureau, a division of the Collier County Board of County Commissioners (HOST) maintains a high-traffic website, paradisecoast.com (HOST WEBSITE) and Facebook Profile Pages (HOST FACEBOOK) and HOST assigns the following as the technical contact responsible for implementing BOOKDIRECT MOBILE on HOST WEBSITE and BOOKDIRECT FACEBOOK on HOST FACEBOOK: HOST agrees to embed BOOKDIREeT MOBILE into HOST WEBSITE and BOOKDIRECT FACEBOOK into HOST FACEBOOK under the following Terms & Conditions: ' a. JACKRABBIT shall brand/design BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK to match HOST WEBSITE. b. JACKRABBIT shall receive design approval from HOST before providing code for HOST to embed BOOKDIRECT MOBILE and BOOKDIRECT FACE BOOK on HOST WEB SITE and HOST FACEBOOK. c. HOST shall embed BOOKDIRECT MOBILE Search Widget on HOST WEBSITE home page, accommodationllodging page(s), and any other page(s) agreed upon by JACKRABBIT and HOST. d. HOST shall embed BOOKDRIECT FACEBOOK on the HOST FACEBOOK fan page. e. HOST shall pay a lease fee for the BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK technology in the amount of $9,935 annually to JACKRABBIT. Payment of the first year 10 month pro- rated lease of $8,280 (June 1, 2011 - March 31, 2012) is due upon receipt of a valid invoice and in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Acr. Second year lease of $9.935 is due upon receipt of a valid invoice and in accordance with Chapter 218, Florida Statutes, also known as the aLocal Government Prompt Payment Act". f. HOST shall pay a setup fee for the BOOKDIRECT MOBILE and BOOKOIRECT FACEBOOK technology in the amount of $0 (waived). Payment will be made to JACKRABBIT within 30 days of ' signed Agreement date. g. JACKRABBIT shall provide HOST with access to online reports that summarize the number of searches and referrals from visitors utilizing BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK on HOST WEBSITE. Reports will categorize the core lodging engine, mobile. and Facebook activity separately. h. HOST shall be responsible for notifying JACKRABBIT if a travel service provider that is listed in the BOOKDIRECT MOBILE AND BOOKDIRECT FACEBOOK results on the HOST WEBSITE and HOST FACEBOOK has any change in its information including, but not limited to: a change in brand. text description, name. amenities, reservation engine provider, Dr business status. JACKRABBIT will update the information within 30 days of notification by HOST. i. JACKRABBIT shall own the data collected from the HOST WEBSITE specific to BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK which are gathered for reports. (Data is defined as; clicks, conversions, and originating path information, all of which are gathered for BookDirect Reports). j. HOST shall refrain from entering into any additional agreements. and/or setting up any other services that would compete with BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK. k. HOST shall maintain confidentiality for a period of five (5) years from the date of disclosure of any formulae, techniques, computer programs, devices, methods, know-how and/or business data relating to the BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK software, subject to Chapter 119, Florida StaMes, also known as the Public Records Law. I. A second year term lease fee will be locked at $9,935. 466 W. San Francisco St. Santa Fe, NM 875Q1 I teI505-982-2233 I fax 888-867-4582 www.jeckrabbitsystems.comlinfo@jackrabbitsystems.com Packet Page -1864- Page 1 of 3 6/14/2011 Item 16.F.1. .;.11.-': BODBDIRECl Guiding Travelers Slroighl To Halel, JackRabbit ~ www.ja.~i:r!1bbifsysrems.com . .; m. j Disclaimer of Warranty: Except as otherwise specifically set forth herein, JACKRABBIT makes non- i representation or warranty, express or implied, concerning BOOKDIRECT MOBILE and BOOKDIRECT i FACEBOOK or the software, including all implied warranties of merchantability fitness for any particular ; purpose, title and non-infringement. All other warranties being expressly disclaimed by JACKRABBIT i and waived by the Host. n. ,BOOKDIRECT MOBILE and BOOKDIRECT FACEBOOK may contain links that allow the public to ; access third-party websites that are not under the control of JACKRABBIT (Le. lodging property !websites). These third-party links are only provided as a convenience and JACKRABBIT does not endorse any of these sites. Access and use of such websites are at Host's risk. JACKRABBIT . assumes no responsibility or liability for any access or use thereof or of any material that may be 'accessed on third-party websites reached through BOOKDIRECT MOBILE and BOOKDIRECT iFACEBOOK, nor does JACKRABBIT make any representation regarding the quality of any product or i service contained at any third-party website or the security of any such website. This section does not pertain to any incident arising from the sole negligence of Collier County. :"} ':'j .q o. INDEMNIFICATION: To the maximum extent pem1itted by Florida law, the Vendor (JACKRABBIT :SYSTEMS) and HOST shall mutually indemnify and hold harmless, its officers its officers and iemployees from any and all liabilities, damages, losses and costs, including, but not limited to, Ireasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, lor internally wrongful conduct of the Vendor of anyone employed or utilized by the Vendor in the iperformance 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. This section does not pertain to any incident arising from ;the sole negligence of Collier County. !The undersigned is authorized to contract for the above-stated company and agrees to and is familiar [with the full Terms & Conditions stated on this Agreement. '...:1 ....11 , >,' !-. n -I"; "'j ,I; Host: CoWer County Board of County Commissioners For JackRabbit: Title Fred W. Coyle Chairman of the Board of County r-n"..,rniec:innQr~ Name Andrew Van Luchene Name' Title President Signature Signature Date Date ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) , Approveq as to form and @:u:~~cncy: '- I~~unty Atto~ey c.ot.leb1 M. Erreet'lL _S...oHTc~G:h i i ;, ! 466 W. San Francisco St. Santa Fe. NM 87501 i tel 505-982-2233 ! fax 888-867-4582 v..'WWjackrabbjtsysl"'m~ f'nm I infn""b.-kr<>l-:lbitsystems.com Packet Page -1865- Page 2 of 3 6/14/2011 Item 16.F.1. . !!!!l~!'!!!- JaCkRabbit~ wv.'W.jackrabbitsystems.com Contact Information: DebiDeBenedetto debide@colIieroov.net . . 466 W. San Francisco St Santa Fe, NM 87501 I tel 505-982-2233 I fax 888-867-4582 www.jackrabbitsystems.comlinfo@jackrabbitsystems.com Packet Page -1866- Page 3 of 3