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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 852-7146
FAX (305) 295 3660
MEMORANDUM
DATE: March 7, 2000
TO: Lynda Stuart, Office Manager
Tourist Development Council
FROM: Pamela G. Hanco
Deputy Clerk
At the February 17, 2000, Board of County Commissioner's Meeting the Board approved
and authorized execution of the following items:
1. A second Amendment to Agreement between Monroe County and Key West
Fishing Tournament, Inc. covering Key West Fishing Tournament, Inc. DBA Key West & Lower
Keys Fishing Tournament to clarify dates of events from November 1, 1999 through November
30, 2000.
2. An Amendment to Agreement between Monroe County and Redbone, Inc. to
allow for revision of date for the production of Little Palm Island Grand Slam from September
19-21, 2000 to August 22-24, 2000.
3. An Amendment to Agreement between Monroe County and Redbone, Inc. to
allow for revision of date for the production of Mercury Baybone Celebrity Tournament from
October 12-15, 2000 to September 29 to October 1, 2000.
4. A Funding Agreement between Monroe County and The Key West Police Athletic
League covering the Key West Charity Dolphin Tournament on May 12-14, 2000, in an amount
not to exceed $2,500.00, FY 2000, Two Penny allocated under the Fishing Umbrella.
✓5. Local Market Report Agreement between Monroe County and Smith Travel
Research, Inc. to provide local market research reports.
Please be sure that insurance is provided on each of the above mentioned events prior to
the commencement date.
Attached hereto are two duplicate originals of the above, one for your return to the
provider and the other for your departmental files. Should you have any questions, please do
not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance, %Kim Hanna
File
~.
LOCAL MARKET REfORT AGREEMENT
tJ FILED FOR RF'r-nQn
This AGREEMENT is made effective this the JJ:.. day .of ~ ,2000 by and between SM'II1rFtA\Y!!L
RESEARCH, INC., 105 Music Village Baulevard, Hendersanville, Tennessee 37075 (hereirOOffAftffir'J!d Jw:l~~&f~"),
and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC), in care .of the Manrae Caun~ 'r~rMft
Develapment Cauncil, 1201 White Street, Suite 102, Key West, Flarida 33040, (hereinafter ~'te.a~at~&E
eLK. C/R. C:
Introduction MONROE COUNTY. ';:.~.
STR is a leader in the ladging research industry. STR has develaped a series .of lacal market reparts, which are
designed ta present data an the relative perfarmance .of ladging industry praperties in selected campetitive markets and
segments .of the ladging industry. Client desires ta became a participant in the lacal market repart pragram. Therefare, by
entering inta this Agreement, Client becames a participant in the lacal market repart pragram. This Agreement .outlines the
abligatians and respansibilities .of the respective parties participating in the lacal market repart program.
Ag reement
In cansideratian .of the fallawing mutual cavenants, STR and Client agree as fallaws:
DURATION. Client shall participate in the lacal market repart program far a peri ad .of thirty-six (36) manths,
cammencing January 1, 2000 (Navember data), and ending an December 31, 2002. (Octaber data) Client has the aptian
ta extend this agreement far twa (2) additianal12-manth periads, and can da sa by providing 60 days priar written natice
ta STR.
REPORTS. As cansideratian far the PAYMENT described belaw and Client's participatian in the lacal market repart
pragram, Client shall receive a set .of twelve (12) manthly reparts prepared by STR. The first set .of reparts shall be issued
ta Client an .or abaut January 5, 2000, and subsequent reparts will be forwarded thereafter ta Client on .or about the first
week .of each manth. The reparts farwarded ta Client shall include the type .of market and market segment infarmatian
cantained in the sample reparts attached as Exhibit "A" (Ladging Outlaak Survey),which is fully incarparated ta this
Agreement by this reference.
PAYMENT. As cansideratian far participating in the Lacal Market Repart program, Client agrees ta pay STR far the
first year .of this agreement (January 1, 2000 thraugh December 31, 2000) the tatal annual sum .of three thausand, eight
hundred farty dallars ($3,840.00), with three hundred twenty dallars ($320.00) payable per manth, within ten (10) days
after the last day .of the manth far which payment is due, and thereafter the amaunt shall be adjusted far CPI. Client shall
alsa pravide STR with three (3) capies .of each editian .of Client's lacal market repart, newsletter, publicatian (if any) in
which the STR data (defined belaw) is printed as they are published, produced and/ar disseminated. Payments far
subsequent years .of this agreement shall be agreed upan by bath Client and STR.
PUBLICATION FORMAT. If the lacal market repart data is published .or re-printed by Client in a newsletter .or ather
such periadic repart that is primarily based an STR data, Client must inform STR .of their intent ta sa incarparate such
infarmatian .or data and allaw STR, at STR's electian, ta be cited as the saurce .of such infarmatian .or data. The citatian .of
STR as the saurce .of such data and infarmation may include mention .of STR in the masthead and/ar title of the
publicatian in such a way as ta clearly indicate that the newsletter .or repart is a "jaint pUblicatian .of Client and Smith
Travel Research, Inc.", "published in caaperatian with Smith Travel Research, Inc." .or any ather suitable jaint recagnitian
requested by STR. In additian, the masthead .or title must be approved by STR priar ta the initial publicatian .of such
newsletter, repart, .or publicatian. Any madificatians ta the masthead and/ar title after STR has appraved the farmat .of the
same, unless re-appraved by STR, shall be cansidered a breach .of this Agreement and allaw STR ta terminate this
Agreement immediately in accardance with the ather provisians set farth belaw.
If STR determines .or .otherwise agrees that the lacal market repart data is merely a small part .of the infarmatian regularly
presented in Client's newsletter .or periadic repart (Le., in additian ta ather tapics of discussian such as member issues and
industry news), after inquiry and disclasure by Client, STR may apt ta instruct Client not ta include the afarementioned
jaint recagnitian of STR and Client in the masthead and/ar title.
ANY AND ALL REFERENCES TO OR INCLUSION OF STR'S LOCAL MARKET REPORT DATA IN ANY AND ALL
TEXT, TABLES, GRAPHS, CHARTS, ETC., MUST BE CLEARLY ATTRIBUTED TO STR AS THE SOURCE OF THE
, DATA WHEREVER IT APPEARS AND IN WHATEVER FORM IT APPEARS, STR RESERVES THE RIGHT TO
WITHHOLD MONTHLY LOCAL MARKET REPORT DATA IF CLIENT'S PUBLICATION OF THE STR DATA DOES NOT
CONFORM TO THE PROVISIONS OF THIS AGREEMENT.
FURTHERMORE, IF STR DETERMINES THAT CLIENT HAS INTENTIONALLY OR REPEATEDLY FAILED TO CITE
STR AS THE SOURCE OF THE DATA OR INFORMATION INCLUDED IN ANY CLIENT PUBLICATION, STR SHALL
HAVE THE FURTHER RIGHT(S) TO DO SUCH THINGS AS: IMMEDIATELY TERMINATE THIS AGREEMENT,
PROHIBIT CLIENT FROM FURTHER REPRODUCTION OR USE OF THE STR DATA OR INFORMATION, OR BRING A
CAUSE OF ACTION AGAINST CLIENT FOR INFRINGEMENT OF STR'S COPYRIGHTS.
IF STR EXCUSES ANY FAILURE BY CLIENT TO CITE STR AS THE SOURCE OF THE DATA AND INFORMATION
ATTRIBUTABLE TO STR, AND STR THEREFORE WAIVES A RIGHT OF ACTION AGAINST CLIENT, SUCH WAIVER
OR ACQUIESCENCE SHALL NOT BE CONSTRUED AS A WAIVER OF EACH OR ANY SUBSEQUENT RIGHT OF
ACTION, OCCURRENCE OR BREACH BY CLIENT.
DEFAULT. In the event that Client shall not make payment when due, STR shall be under no obligation to provide
monthly reports to Client until such time as the overdue payment is paid. In the event that payment shall remain unpaid
for a period of 60 days after its due date, this Agreement shall automatically terminate and otherwise become null and
void, and STR shall have no further obligations; provided, however, that STR shall have the right to declare due and
payable all sums due under the terms of this Agreement.
DEFAULT COSTS. In the event of Client's default under the terms of this Agreement, STR shall be entitled to receive
from Client, in addition to all other amounts due, the costs of collection, including reasonable attorney's fees, incurred in
the collection of amounts due under the terms of this Agreement.
OWNERSHIP OF THE DATA. All of STR's data, without regard to the form or content of the report in which it is
incorporated, is, will be, and shall remain STR's exclusive property and proprietary information. Client shall not license or
sublicense, or in any way lay claim, in copyright or otherwise, to any of STR's data or information for any reason, nor shall
Client enable any third party to do any of the same. The parties agree that any and all data sets, information, and reports,
irrespective of form, prepared by STR and provided to Client are not and do not constitute works for hire under the
copyright laws. STR has the right to authorize and assign publication rights of the local market report data under this
Agreement to other subscribers of the local market report program. STR recognizes that upon provision of any reports to
Client, those documents become public records and are subject to Florida Statutes (F.S.), Chapter 119. Section
119.07(1)(a), F.S. requires the TDC to permit such records to be inspected by any person desiring to do so, and to provide
a copy of said record upon payment of a duplication fee.
Client shall credit STR as the source of the data in each publication using local market report data with the following
notation:
SOURCE: COPYRIGHT 2000. SMITH TRAVEL RESEARCH,
ALL RIGHTS RESERVED
Such notation shall conspicuously appear immediately below or in conjunction with any and all graphs, charts, tables, etc.
derived by Client from STR's data, and all such graphs, charts, tables, etc. shall become the property of STR, because of
Client's derivation of STR's data. However, STR shall not be liable for, and shall be indemnified by Client from, any and
all liability due to Client's improper or inaccurate derivation of the STR data. Documents and reports which have been
produced on paper and have become public records in the Client's custody shall be retained by Client. The production
under Section 119.07, F.S. is for informational purposes only and not for commercial release. The County has no policy
allowing commercial use of the Client's public records other than those specifically developed for commercial use by the
Client.
Upon termination of this Agreement for any reason, or, with respect to any particular data, on such earlier date that such
data will be no longer required by Client in order to perform under this Agreement, such data will be either erased from the
data files maintained by Client or, if STR so elects, Client shall return the data to STR. Any such erasure of STR's data
will be verified and confirmed in writing by Client. Documents and reports which have been produced on paper and have
become public records in the Client's custody shall be retained by Client.
'. CLIENT'S USE OF THE STR DATA. Client is authorized to use STR data, results and/or the local market reports in the
operation of its business. The initial Historical TREND data (if any) supplied by STR to Client is confidential and
proprietary information, and the Client shall not disclose the Historical TREND data to any person or entity not authorized
in writing to receive such information.
Client shall not make or report any projections regarding room rates, in its advertising or marketing efforts or in any of its
publications, that are based on the information presented in the local market report. Client expressly agrees and
understands that the data contained in any and all STR reports is of extraordinary value to STR. Furthermore, any and all
forecasts and/or projections provided by Client and included with any data belonging to STR shall be clearly and
conspicuously referenced as the projection or forecast of the Client and not STR so that all associated liability rests on
Client and not STR.
To the extent Client desires to disclose any of STR's data or confidential or proprietary information, for any purpose, to
anyone or any entity outside of Client's own internal business operations, Client agrees to protect the secrecy,
confidentiality, and proprietary nature of STR's data and information by: (i) first informing STR in writing of the identity of
the intended recipient of the disclosure, AND specifying the purpose of the disclosure, in order to provide STR with an
opportunity to refuse authorization of such intended disclosure; (ii) requiring the intended recipient to sign a suitable
confidentiality agreement between Client and the recipient protecting STR's data and information; and, (iii) delivering a
copy of the signed confidentiality agreement to STR.
Prior to using local market report data in its publications, advertising or marketing efforts, Client agrees to provide STR
with a copy of the proposed publication masthead, advertisement, or marketing plan to the extent STR believes necessary
to protect the integrity of STR's product. STR and Client further agree that STR has the right to amend or change the
masthead, advertisement, marketing plan or other materials to the extent STR believes necessary to give proper
attribution to STR, or to protect the integrity and secrecy of STR's data and information. If STR determines that its data,
results, and/or the local market report(s) have been misstated, misquoted, used in any manner as to be misleading, or in
any way reflect negatively upon STR's product, STR shall have the absolute right to revoke its authorization for client to
use such data, results, and/or the local market report.
DISCLAIMER. Client acknowledges the local market reports are generated from information received through
independent surveys and research from sources considered reliable in the hotel and motel industry. STR will use its best
efforts to insure the information contained in the local market reports are accurate and complete. STR TAKES NO
RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE RAW DATA PROVIDED TO STR FOR USE IN ITS
LOCAL MARKET REPORT(S). CLIENT AGREES THAT STR SHALL NOT BE LIABLE FOR DAMAGES INCLUDING
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF ITS DATA AND/OR THE LOCAL MARKET
REPORT(S). STR MAKES, AND CLIENT RECEIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
REGARDING THE PERFORMANCE OF DATA OR THE RESULTS THAT MAY BE OBTAINED USING THE DATA.
ACCORDINGLY, THE DATA IS LICENSED "AS IS" WITHOUT WARRANTY AS TO ITS PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE DATA IS ASSUMED BY CLIENT.
LIMITATION OF STR LIABILITY. The parties further agree that in no event shall STR's total liability relating to
STR's performance under this agreement, or any report or data provided to Client by STR, exceed the sums payable by
Client and received by STR, and in no event shall STR be liable for special, indirect, consequential, incidental, or
exemplary damages.
MODIFICATION. This Agreement represents the entire understanding between the parties and there are no
representations. agreements or understandings either oral or written, other than those set forth in this Agreement. Any
modification to this Agreement shall be in writing signed by both parties.
CHOICE OF LAW. This Agreement shall be construed under the laws of the State of Florida. The parties further
agree that the Court of Competent Jurisdiction be the United States District Court for the Southern District of Florida, or
Courts of the 16th Circuit of the State of Florida.
The parties to this agreement sign below, intending to create a legally binding, agreement.
" INDEMNIFICATION. Smith Travel Research covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any losses, damages, and expenses (including attorney's fees) which arise out of,
in connection with, or by reason of services provided by Smith Travel Research, occasioned by the negligence, errors, or
other wrongful act or omission of Smith Travel Research or its employees, or agents.
PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bind on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
ETHICS CLAUSE. The FIRM warrants that no person has been employed or retained to solicit or secure this contract
upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of
the Monroe County government or the TDC has any interest, financially or otherwise, in the FIRM or its subcontractors.
/
If
(SEAL)
Aesb.D~nlJYL. Kolhage, Clerk
\~.,.. ,-' .
Board of County Commissioners
of Monroe County
cJ1~~~
WITNESS:
Smith Travel Research, Inc.
By.
By ~~_~~~
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