Item D3County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: D.3
Agenda Item Summary #2802
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval of an Amendment to Agreement with STR, Inc. To add
Multi- Segment Weekday /Weekend Report for 13 FL Markets to subscription and to include updated
public records information in agreement
ITEM BACKGROUND: TDC approved same at their meeting of March 7, 2017
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting
of November 17, 2015
CONTRACT /AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STR Amendment, Exhibit J and Original Agreement
FINANCIAL IMPACT:
Effective Date: September 1, 2016
Expiration Date: December 31, 2018
Total Dollar Value of Contract: $24,500 /year
Total Cost to County: No Cost to County
Current Year Portion: $24,500
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required: No
Additional Details:
If yes, amount:
04/12/17 115 -75035 - 35% - EVENTS $24,500.00
REVIEWED BY:
Maxine Pacini
Completed
03/23/2017 11:17 AM
Christine Limbert
Completed
03/23/2017 4:47 PM
Budget and Finance
Completed
03/24/2017 3:17 PM
Maria Slavik
Completed
03/27/2017 8:01 AM
Kathy Peters
Completed
03/27/2017 9:37 AM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
AMENDMENT 0 5t AMENDMENT TO AGREEMENT
THIS AMENDMENT to Agreement dated the day of 2017, is entered into by
and between the Board of County Commissioners for Monroe County, a political subdivision of
the state of Florida (County), on behalf of the Tourist Development Council, and STR, Inc.
hereinafter referred to as "STR ".
WHEREAS, there was an Agreement entered into on January 1, 2016 between the
parties, for STR to provide local market reports; and
WHEREAS, Client desires to become a subscriber of the Multi- Segment
Weekday/Weekend Report for their 13 FL Markets (Exhibit J); and
WHEREAS, it has become necessary to include updated Public Records information in
the Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended Agreement as follows:
1. Paragraph 2 of the Agreement shall read: 2. REPORTS. As consideration for the
PAYMENT described below and Client's subscription to the Destination Reports, Client
shall receive a set of twelve (12) monthly Destination Reports and fifty two (52) weekly
Destination Reports prepared by STR. The first set of weekly Reports shall be issued to
Client on or about January 7, 2016, and subsequent Destination Reports will be forwarded
thereafter to Client on or about Wednesday of each week. Beginning September 2016, a
Multi- Segment Weekday[Weekend report including designated 13 FL markets will be
included. The first set of monthly Destination Reports shall be issued to Client on or about
January 28, 2016, and subsequent reports will be forwarded thereafter to Client on or about
the last week of each month. The Destination Reports forwarded to Client shall include the
type of market and market segment information contained in the sample reports attached as
Exhibits "A" thru "J" which are fully incorporated into this Agreement by this reference. The
reports will be delivered by STR to a place designated by Client.
2. Paragraph 3 of the Agreement shall read: 3. PAYMENT. As consideration for
subscribing to the Destination Reports, BOCC agrees to pay STR for the period of October
1, 2016 through December 31, 2018 the total annual sum of twenty -four thousand and five
hundred dollars ($24,500) with eleven monthly payments of two thousand forty one dollars
and fifty eight cents ($2,041.58) and one monthly payment of two thousand forty two dollars
and sixty two cents ($2,042.62) within ten (10) days after the last day of the month for which
payment is due. The BOCC also agrees to a onetime payment of two hundred and seventy
dollars and seventy five cents ($270.75) for the Multi- Segment/Weekend Report (Exhibit J)
as invoiced towards the September 2016 invoice. At the conclusion of the initial year of this
Agreement, the rates may be adjusted by CPI -U for South Florida for year ending December
2016 for year 2 of this agreement and CPI -U for South Florida for year ending December
Amendment #I
STR
Contract #: 1645
2017 for year 3 of this agreement Client shall also provide STR with three (3) copies of each
edition of Client's report, newsletter, publication (if any) in which the STR data (defined below)
is printed as they are published, produced and/or disseminated. Payments for subsequent
years of this agreement shall be agreed upon by the BOCC and STR in writing.
4. Paragraph 15 of the Agreement shall read: 15. DOCUMENTATION PERTAINING TO
AGREEMENT. STR shall maintain all books, records, and documents directly pertinent to
this Agreement in accordance with generally accepted accounting principles consistently
applied. In the event of a dispute, claim or litigation between the Parties, each party to this
Agreement or their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement in accordance with the provisions of
Chapter 119, Florida Statutes, during the term of the Agreement and for four years following
the termination of this Agreement.
If Florida Statute 119.0701 is applicable to Contractor, and except where the record is a trade
secret or is such that Contractor is bound to maintain the confidentiality of the record„
Contractor and its subcontractors shall comply with all public records laws of the State of
Florida, including but not limited to:
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as
otherwise provided by law.
Amendment #1
STR
Contract #: 1645
(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 County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor 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 Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION_ OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS BRIAN BRADLEY AT PHONE# 305 -292 -3470 BRADLEY -
BRIANO MONROECOUNTY- FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12 Street SUITE 408 KEY WEST FL
33040.
Amendment #1
STR
Contract #: I645
If an auditor employed by the County or Clerk determines that monies paid to STR pursuant
to this Agreement were spent for purposes that are unrelated to the normal operating
expenses of STR or that are not otherwise authorized by this Agreement, and in particular if
the Clerk should determine that the money has been spent for any unlawful purpose, STR
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running
from the date the monies were paid to STR.
5. This amendment is retroactively effective to September 1, 2016
6. The remaining provisions of the Agreement dated January 1, 2016 remain in full force
and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment #1
STR
Contract #: 1645
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IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest
STR, Inc.
Amendment #1
STR
Contract #: 1645
Board of County Commissioners
of Monroe County
Mayor/Chairman
AND Two WITNESSES