HomeMy WebLinkAbout2019-156Contract for Services Agreement ("Contract") V, II13„ vu.
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida ("SPONSOR")
UNIVERSITY OF WEST FLORIDA
Acting for and on behalf of The University of West Florida
Board of Trustees, a public body corporate ("UNIVERSITY")
Office of Management and Budget
1800 27th Street
Vero Beach, FL 32960
Research Administration and Engagement
11000 University Parkway
Pensacola FL 32514-5750
TEIN: 59-6000674 DUNS 079208989
TEIN: 59-2976783 DUNS 053000709
Does funding originate from a Federal prime source? /1 No ❑ Yes If yes, complete following
Original Source of Funds: Project or Funding Reference Number/PRIME AWARD:
Name of Federal Agency: CFDA Number: Name of Federal Program:
Contract Period of Performance:
Amount Funded
Matching Funds
Total
FROM: September 17, 2019 TO: December 31, 2020
$50,000
$0
$50,000
Project Title: Indian River County Visitor and Tourism Study
Reporting Requirements: See Attachment 1
Terms and Conditions
(1) SPONSOR hereby awards a ❑ cost reimbursable /1 firm fixed price ❑ firm fixed rate contract for services to the
University, as described above. The statement of work and schedule of compensation are as specified in UNIVERSITY's
proposal dated July 9, 2019 as shown in Attachment 1.
(2) SPONSOR shall pay UNIVERSITY as shown in the payment schedule in Attachment 1. All invoices shall be submitted
in form and detail sufficient for proper pre- and post -audit of expenditures using UNIVERSITY's standard invoice. Invoices
and questions concerning invoice receipt or payments should be directed to the appropriate party's Financial Point of Contact,
as shown in Attachment 2. Payment for invoices is due upon receipt and shall be considered past due after 30 days. Past due
invoices shall bear interest at the statutory rate applicable to state agencies.
(3) A final statement of costs incurred, marked "FINAL", will be submitted to SPONSOR's Financial Point of Contact thirty
(30) days after project end date or as shown in Attachment 1. The final statement of costs shall constitute UNIVERSITY's final
financial report.
(4) Matters concerning the technical performance of this contract should be directed to the appropriate party's
Program/Technical Point of Contact, as shown in Attachment 2.
(5) Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Contract
should be directed to the appropriate party's Administrative Contact, as shown in Attachment 2. Any such changes made to this
Contract require the written approval of each party's Authorized Official, as shown in Attachment 2.
(6) The Project Budget is set forth in Attachment 1. Funds may be allocated between expenditure categories at the discretion
of the University, provided that no additional costs are incurred beyond the amount referenced above. This paragraph is
inapplicable to fixed price or fixed rate contracts.
(7) Either party may terminate this Contract with thirty (30) days written notice to the appropriate party's Administrative Point
of Contact, as shown in Attachment 2. In the event of termination, SPONSOR shall pay UNIVERSITY for work performed to
the date of termination and all allowable, non -cancellable obligations.
(8) Changes to Period of Performance, including no -cost extensions require the approval of the SPONSOR.
(9) This Contract is comprised of this document and the Attachments 1-3 attached hereto, which are made a part hereof by
reference.
By signing below authorized representatives have executed this Contract to be effective for the Period of Performance shown
above.
Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31
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INDIAN RIVER COUNTY
a tb'9 .Z.:t 7 / 2019
' -
Date.
Bob Solari, Chairman
By:
Jason E. B
APPROVED AS
By:
Dylan Reingold, County Attorney
County A
ORM AND LEG;
skfFICIP4CY
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
(SEAL)
Deputy Cler
UNIVERSITY OF WEST FLORIDA
Matthew Schwartz, Ph.D.
Assistant Vice President
Research Administration and Engagement
Approved for form and legality as template
APPRCNED
Asm
w%iAND LEGALITY
/ �0
a+namMIK ( uNsa
Date
09.13.19
University Counsel
Date
Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31
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Attachment 1: STATEMENT OF WORK AND SCHEDULE OF COMPENSATION
This is a cost reimbursable ® fixed price ❑ fixed rate contract for services in the amount not
to exceed $50,000 to cover costs associated with the project identified on the previous page and as
shown on the following University proposal and/or quotation.
The following deliverable items are due pursuant to the timetable identified below. The
numbered invoice for each report or deliverable shall be sent concurrent with the period of
performance corresponding to the deliverable on the due date shown.
REPORT/DELIVERABLE
Report of Q1 Findings
DATE DUE
February 14, 2020
AMOUNT
$12,500
Report of Q2 Findings
May 14, 2020
$12,500
Report of Q3 Findings
August 14, 2020
$12,500
Report of Q4 Findings and Final
Economic Impact Assessment
November 14, 2020
$12,500
Presentation of Findings to TDC and/or
BCC
TBD
NC
Total
$50,000
University's Tasks:
The University will supply personnel and resources to accomplish the scope of work at the price
in the proposal/cost quotation as shown in the following pages.
The scope of work includes 12 full months of visitor surveys that will allow the Haas Center to
complete a full impact analysis of Indian River County's tourism market. The survey will allow
us to create a profile of visitors beyond spending patterns as well. The survey will be multi-
modal, including in-person interviews and online outreach to visitor databases. The deliverables
include:
A survey instrument reviewed and approved by the client
An impact estimate based on bed tax collections
Four quarterly reports based on interviews that are representative of the data collected that
season
A final, revised estimate based on actual spending patterns and including data from non -bed
tax paying visitors
At least one initial meeting with the clients and at least one in-person presentation to the
clients after completion of all work products. One additional in-person meeting may be
requested during the period of study. Other video calls or phone conferencing are readily
available at the request of clients or researchers.
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Attachment 2
CONTACT REPRESENTATIVES
Sponsor Contacts
University of West Florida Contacts
FID #59-6000674 / DUNS # 079208989
FID #59-2976783 / DUNS # 53-000709
Administrative Point of Contact
Administrative Point of Contact
Name:
Title:
Address:
City ST Zip
Phone:
E-mail:
Jennifer Hyde, C.P.P.O.
Purchasing Manager
Indian River County
1800 27th Street
Vero Beach, FL 32960
(772) 226-1575
jhyde@ircgov.com
Name:
Title:
Address:
City ST Zip
Phone:
E-mail:
Theresa Miller, CRA
Research Administration and Engagement
University of West Florida
11000 University Parkway
Pensacola FL 32514-5750
(850) 474-2827
tbyrd@uwf.edu
Program/Technical Point of Contact
Program/Technical Point of Contact
Name:
Title:
Address:
City ST Zip
Phone:
E-mail:
Dori Stone
President
Indian River County Chamber of
Commerce
1216 21st St
Vero Beach, FL 32960
(772) 567-3491
doris@indianriverchamber.com
Name:
Title:>
Address:
City ST Zip
Phone:
E-mail:
Amy Newburn
Dir., Market Research Haas Center
University of West Florida
220 W. Garden St., Suite 304
Pensacola, FL 32502
(850) 439-5414
anewburn@uwf.edu
Financial Point of Contact
Financial Point of Contact
Name:
Tide:
Address:
City ST Zip
Phone:
E-mail:
Kristin Daniels, C.G.F.O.
Director — Office Of Management and
Budget
Indian River County
1801 27th Street
Vero Beach, FL 32960
(772) 226-1257
Kdaniels@ircgov.com
Name:
Title:
Address:
City ST Zip
Phone:
E-mail:
Donna Frazee
Associate Director
Research Administration and Engagement
11000 University Parkway
Pensacola FL 32514-5750
(850) 473-7111
dfrazee@uwf.edu
Authorized Official
Authorized Official
Name:
Tide:
Address:
City ST Zip
Phone:
E-mail:
Jason Brown
County Administrator
Indian River County
1801 27th Street
Vero Beach, FL 32960
(772) 2261408
jbrown@ircgov.com
Name:
Title:
Address:
City ST Zip
Phone:
E-mail:
Matthew Schwartz, Ph.D.
Assistant Vice President
Research Administration and Engagement
11000 University Parkway
Pensacola FL 32514-5750
(850) 474-2824
mschwartz@uwf.edu
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Attachment 3:
ADDITIONAL TERMS AND CONDITIONS (Non-federal funds)
THIS AGREEMENT is entered into by and between Indian River County (hereafter "Sponsor") and The
University of West Florida for and on behalf of The University of West Florida Board of Trustees, a public
body corporate, a Florida public post -secondary educational institution (hereafter "University").
The terms of this Agreement are intended to provide the administrative framework for Sponsor and the
University (the "Parties") to cooperate in the performance of this project. The University shall make all
reasonable efforts to perform the scope of work as outlined in Attachment 1.
STATEMENT OF WORK The University shall provide the necessary personnel and facilities to conduct the
work of this agreement for the project titled "Indian River County Visitor and Tourism Study."
PERIOD OF PERFORMANCE This Agreement shall begin September 17, 2019 or upon execution,
whichever is later, and shall not extend beyond end date unless the period is extended by modification of this
Agreement. Final deliverables will be provided to Sponsor as specified in Attachment 1. University staff will
be available for follow up consultation and assistance to the Sponsor regarding project deliverables through the
ending date of this Agreement at no additional cost. Continuing support and assistance for additional periods
will be provided only if the amount and scope of work is modified by amendment to this Agreement.
FORCE MAJEURE University shall not be liable for its failure to perform any terms or conditions herein when
failure to perform is due to causes beyond University's reasonable control, determined in the University's
discretion, including, but not limited to: strikes; lockouts; actions or inactions of governmental authorities;
epidemics; acts of war or terrorism; embargoes; fire; earthquake; hurricane; windstorm; tornados, acts of God or
default of common carrier. In such event, parties will negotiate an extension to the period of performance, or
other remedy.
SEVERABILITY In the event any provision of this contract shall be held invalid or unenforceable, such holding
shall not invalidate or render unenforceable any other provision hereof.
NONDISCRIMINATION The nondiscrimination clause contained in Section 202, Executive Order 11246,
and any subsequent amendments thereto, relative to Equal Employment Opportunity for all persons without
regard to race, color, religion, sex, gender identity or national origin, and the Implementing rules and
regulations prescribed by the Secretary of Labor, Veteran's Act 38 U.S.C. 4212, Section 503 - Rehabilitation
Act of 1973, Title I of the Americans with Disabilities Act of 1990 42 U.S.C. 12101 are incorporated into this
Contract by reference as if fully set forth herein.
TAXES, FEES AND PERMITS The University is a tax immune sovereign and exempt from the payment of all
sales, use or excise taxes.
PUBLIC RECORDS Sponsor shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this
Agreement, except as exempted by Florida law. Refusal by Sponsor to allow such public access shall be grounds
for unilateral cancellation of this Agreement by the University.
Sponsor is a public agency subject to Chapter 119, Florida Statutes. The University shall comply with Florida's
Public Records Law. Specifically, the University shall:
(1) Keep and maintain public records required by the Sponsor to perform the service.
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(2) Upon request from the Sponsor's Custodian of Public Records, provide the Sponsor with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to the Sponsor.
(4) Upon completion of the contract, transfer, at no cost, to the Sponsor all public records in possession of the
University or keep and maintain public records required by the Sponsor to perform the service. If the University
transfers all public records to the Sponsor upon completion of the contract, the University shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
If the contractor keeps and maintains public records upon completion of the contract, the University shall meet
all applicable requirements for retaining public records. All records stored electronically must be provided to the
Sponsor, upon request from the Custodian of Public Records, in a format that is compatible with the information
technology systems of the Sponsor.
IF THE UNIVERSITY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE UNIVERSITY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
Failure of the University to comply with these requirements shall be a material breach of this Agreement.
INSURANCE University will maintain, at its own cost and expense, at all times while this Agreement is in
effect, general liability insurance to the extent, and in such amounts as, provided under the State of Florida Risk
Management Trust Fund. University will also maintain at its own expense or from the quoted fringe/payroll tax
rates, workers' compensation insurance as required by law. University will furnish evidence of such insurance
upon request. Copies of certificates of coverage are available on request from the Research & Sponsored
Programs office contractual contact representative.
LIMITATION OF LIABILITY In the performance of professional services, the University shall use that
degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions
in similar localities, having due regard for acceptable standards. No other warranties, expressed or implied, are
made.
In no event shall University or its employees be liable (in contract or in tort, including negligence, or otherwise)
to the Sponsor for indirect, incidental or consequential damages, resulting from or related to this Contract. Further,
University shall not be liable for use by the Sponsor of any plans, documents, studies, or other data for any purpose
other than intended by the terms of this Contract. In no event shall University's liability to Sponsor for any reason
exceed the dollar amount of this Contract.
The parties to this agreement recognize and acknowledge that University of West Florida is a constituent
institution of the State University System of Florida (the "State") and an agency or subdivision of the State within
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the meaning of §768.28, Florida Statutes. Nothing contained herein shall be construed or interpreted as: i)
denying the University or other state entity any remedy or defense available under the laws of the State; ii) the
consent of the University to be sued; iii) a waiver of sovereign immunity of the University or other state entity
beyond the waiver provided in §768.28, Florida Statutes.
GOVERNING LAWS/VENUE This Agreement is governed by the laws of the State of Florida and any
provisions contained in this Agreement in conflict therewith shall be void and of no effect. University and
Sponsor hereby agree that venue shall lie in the State Courts of Escambia County, Florida.
INTELLECTUAL PROPERTY The University reserves the ownership for any intellectual property developed
as part of the compensated performance of this Agreement by its faculty and staff. Sponsor is granted a royalty -
free non-exclusive license to use and distribute reports furnished to Sponsor hereunder (the "Work Product")
without modification. University ownership of copyright shall be properly attributed. Sponsor may not grant
others the right to use the Work Product or underlying information and data without written permission from the
University.
The University reserves the right to publish articles, monographs and other scholarly publications based on this
work in its chosen form. All work shall acknowledge support as "This project was supported by the Indian River
County Board of County Commissioners through the University of West Florida."
INDEPENDENT CONTRACTOR STATUS Each of the parties is an independent contractor and nothing
contained herein shall constitute or designate any of the employees or agents of one party as employees or agents
of the other party.
TERMINATION IN REGARDS TO F.S. 287.135 University certifies that it and those related entities of the
University as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created
pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel.
Sponsor may terminate this Agreement if the University, including all wholly owned subsidiaries, majority-owned
subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on
the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section
215.4725, Florida Statutes.
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