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HomeMy WebLinkAbout2015-648-E Arts - Sheer Associates, Inc. market research DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 [Departmental Use Only] TITLE OCAC/Sheer Associates FY 16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th day of December,2015, ("Effective Date") by and between Orange County,North Carolina,a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Sheer Associates, Incorporated (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials thereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: See Exhibit A, "Specific Information Requested in the RFP Along with Preliminary Action Plan" dated November I 1, 2015, which attached and hereby incorporated in this document by reference. The term of this agreement rendered shall be from January I,2016 to June 30,2016. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECII+IC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed eight thousand six hundred thirty dollars, ($8,630). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall he withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10114 1 DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider.agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to he bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. $. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws,rules,and regulations including but not limited to all anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID:92A75969-8988-4461-AEF7-551B4CC4FF62 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER Doc uSigned by: ,-DocuSigned by: By: 276ln.l ut. ikototAttitit.li By: jou, k. 0113799413755E477... E57C971E817914B3... %sident 200 S.Cameron St. Sheer Associates, Incorporated P.O.Box 8181 202 Presque Isle Lane Hillsborough,NC 27278 Chaepl Bill,North Carolina 27514 Revised 10/14 3 DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES INCORPORATED November 11, 2015 Specific Information Requested in the RFP Along With a Preliminary Action Plan 1) Describe the method you will use to conduct the market evaluation and analysis of the county's primary arts stakeholders. Depending on the final budget, I would conduct a combination or quantitative and qualitative research. A short survey should be set up to gain appropriate quantitative feedback with the majority of the efforts focused on interviews to gain more in depth qualitative information.,We would, in concert with the committee, agree on target audiences for each activity, develop the questions, perform the survey/interviews, evaluate the results and write a final report of the findings. The surveys and the interviews could be split into two separate activities to better meet time frames and budget cycles. 2) A statement describing why the firm is qualified to provide the services, detailing the firm's or individual's approach to such work. This was addressed in the Qualifications section of this proposal response on page 2. Our reputation is well known by successfully completed 13,200 assignments over the last 35 years. Most of the funds for this research would perhaps come from Orange County or the Chapel Hill Orange County Visitor's Bureau both of whom have successfully utilized our services and enjoy a positive relationship with our agency. 3) Information addressing each of the items listed in the Evaluation and Selection section: A. Method proposed for developing the market research studies. We would first determine how the research is to be used to ensure a useful process, identify the audiences, and develop the scripts, surveys and interview questions, execute the surveys and interviews, compile the responses, evaluate the results and finally prepare a report including recommendations. MAILING ADDRESS 202 Presque Isle Lane, Chapel Hill, North Carolina 27514 919-901-4558 919-929-4646 (FAX) Email: sheer®sheermarketing.com Website: www.sheermarketing.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES INCORPORATED B. Experience with similar market research/analysis services. Sheer has a long track record of successfully performing this type of research over our 35 years. Our research activities are always tailored to each client's need so approaches and processes depend on the desired use of the data and the insights resulting from this data. Similar projects in this area include: • Chapel Hill Orange County Visitor's Bureau • Chapel Hill Carrboro Chamber of Commerce • Baseball America • Chapel Hill Tire • Hill, Chesson £t Woody • Playmakers • Plum Spring Medical Center • Rhone-Poulenc Ag Company • Carolina Benefits and Planning • NC Soil £t Water Conservation Districts C) The marketing research firm's facilities, equipment, and skill for performing the services, including the ability to have a market research/analysis completed within 120 days. Since I am not recommending focus groups, facilities are not a major consideration for this type of marketing research but skills certainly are important. No two firms would ever do this type of research is the same manner utilizing the same skills. Qualities vary and this is important, because as with all service agreements, you are buying a promise. Meeting the 120 day completion is reasonable and achievable provided I receive timely responses from the committee or its designee. As an example if it takes several weeks to get interview questions approved then this is time out of the schedule. Timely feedback and approval are essential. You have my complete cooperation but it needs to be coupled with timely client input. I suggest the • establishment of some approval procedure within your committee or a designee who may be empowered to make decisions. MAILING ADDRESS 202 Presque Isle Lane, Chapel Mill, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer@sheermarketing.com Website: www.sheermarketinsl.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES INCORPORATED D) Specific personnel proposed to be assigned to the contract. Joel Sheer would take the lead and be personally involved in all aspects of this project. Project management assistance will be performed by John Streszoff, our Director of Client Services. This would be in a support role with all research development, interviews, analysis and reporting to be personally completed by Joel Sheer. E) Estimated costs and additional charges (negotiated contract). The cost can be broken down into 2 separate assignments: quantitative survey research and qualitative in depth interview research. Quantitative: Planning meetings, target audience identification and selection, interview and script question development, interviews and data collection, analysis, evaluation and reporting. $7,200 - 20% non-profit discount or $5,750.00 Qualitative: Planning meetings, target audience identification and selection, survey and script question development, survey execution, data collection, analysis, evaluation and reporting. $3,600 - 20% non-profit discount or $2,880.00 Additional charges (if needed): If the survey is mailed to some or all then postage and imprinting will be required. We would desire to send this out electronically to avoid these costs and time delays. If email addresses are not obtainable or mailing is preferred, then a few hundred dollars would be required for postage, printing the surveys, folding, inserting and mailing including addressing an outer envelope and providing a return addressed envelope with postage. F) Supplemental information submitted by the marketing research firm or individual. Supplemental information specific to this RFP is included earlier in this proposal by outlining our qualifications and provided our clients and work related experiences. MAILING ADDRESS 202 Presque Isle Lane, Chapel Hill, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer®sheermarketing.com Website: www.sheermarketing.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES INCORPORATED 4) A list and brief description of other relevant market research/analysis/plan development services you have completed. This is repeated from an earlier question. Sheer has a tong track record of successfully performing this type of research over our 35 years. Our research activities are always tailored to each client's need so approaches and processes depend on the desired use of the data and the insights resulting from this data. Projects similar to this in this area include: • Chapel Hill Orange County Visitor's Bureau • Chapel Hill Carrboro Chamber of Commerce • Baseball America • Chapel Hill Tire • Hill, Chesson &t Woody • Playmakers • Plum Spring Medical Center • Rhone-Poulenc Ag Company • Carolina Benefits and Planning • NC Soil Et Water Conservation Districts 5) Resumes and technical experience of key personnel expected to perform the service. Joel Sheer is the founder and president of Sheer Associates, Inc. located in Chapel Hilt. After earning degrees in Political Science and later, Philosophy, he studied law before entering the Peace Corps/Vista program. At the end of his service, Sheer became Sales Manager for a large commercial printing company in Virginia, and then moved to North Carolina as Vice-President of the Design Group before forming Sheer Associates, Inc. in 1979. In the last thirty-five years, Sheer has successfully managed over 13,000 marketing projects for clients across many industries, products and services. He also serves as Director of the Home Health Foundation, was an Advisory Board Member of the Small Business and Technology Development Center for the University of North Carolina, and an Executive Board Member for the Chapel Hill/Carrboro Chamber of Commerce where he also chaired the marketing and MAILING ADDRESS 202 Presque Isle Lane, Chapel Hill, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer®sheermarketing.com Website: www.sheermarketing.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES INCORPORATED communications committee. He just completed 8 years on the Triangle Community Foundation's Board of Directors, their Executive Committee, and Chaired their Marketing Communications Committee and finally Chaired their strategic planning committee resulting in a new 5 year plan. His numerous awards range from National PICA Awards for print to a Grammy Award working with Doc Watson for musical presentation. John Streszoff is the Director of Client Services. He graduated from Flagler College in St. Augustine, FL in 2000 earning degrees in Sport Management and Business Administration. Upon moving to Chapel Hill, he worked for the Durham Herald-Sun as an advertising sales representative for 2 years. He was hired at Sheer in July 2002. For thirteen years John has managed the tactical aspects of projects at Sheer Associates. 6) Supplemental Material: Material and data not specifically requested for consideration, but which the firm or individual wishes to submit, may be included as supplemental information. Supplemental information specific to this RFP is included earlier in this proposal by outlining our qualifications and provided our clients and work related experiences. 7) A detailed cost estimate to complete the studies/surveys, written analysis and recommendations. Provide a list of other reimbursable expenses that may be billed to the Commission. (Previously stated) The cost can be broken down into 2 separate assignments: quantitative survey research and qualitative in depth interview research. Quantitative: Planning meetings, target audience identification and selection, interview and script question development, interviews and data collection, analysis, evaluation and reporting. $7,200 - 20% non-profit discount or $5,750.00 Qualitative: Planning meetings, target audience identification and selection, survey and script question development, survey execution, data collection, MAILING ADDRESS 202 Presque Isle Lane, Chapel Hill, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer@sheermarketing.com Website: www.sheermarketing.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES I N C O R P O R A T E D analysis, evaluation and reporting. $3,600 - 20% non-profit discount or $2,880.00 Additional charges (if needed): If the survey is mailed to some or all then postage and imprinting will be required. We would desire to send this out electronically to avoid these costs and time delays. If email addresses are not obtainable or mailing is preferred, then a few hundred dollars would be required for postage, printing the surveys, folding, inserting and mailing including addressing an outer envelope and providing a return addressed envelope with postage. Submitted by; MAILING ADDRESS 202 Presque Isle Lane, Chapel I-lilL, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer @sheermarketing.com Website:www.sheermarketing.com DocuSign Envelope ID:92A75969-8988-4461-AEF7-551 B4CC4FF62 Exhibit A COMPLETE MARKETING COMMUNICATION ASSOCIATES 1 N C❑R P 0 CI ATE RATED ' :Cejaa .712 Joel M. Sheer, President MAILING ADDRESS 202 Presque Isle Lane, Chapel Hill, North Carolina 27514 919-401-4568 919-929-4646 (FAX) Email: sheer®sheermarketing.com Website: www.sheermarketing.com