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Item D4 r • BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEBRUARY 19, 2014 Division: TDC Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Smith Travel Research, Inc. to address Scriveners error in termination date; exercise option to extend agreement for one (1) additional 24-month period, and exercise option to increase payment from an annual fee of $16,871.96 to $18,872. ITEM BACKGROUND: TDC approved same at their meeting of January 28, 2014 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of November 17, 2010 CONTRACT/AGREEMENT CHANGES: Amendment to Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $18,872 BUDGETED: Yes X No COST TO COUNTY: NO COST SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No ��,,�� AMOUNT PER MONTH Year APPROVED BY: County Atty X O1�IB/Purlhasing X Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Smith Travel Research,Inc. Contract# 845 Effective Date: 1/1/14 Expiration Date: 12/31/15 Contract Purpose/Description: Approval of an Amendment to Agreement with Smith Travel Research Inc to address Scriveners error in termination date; exercise option to extend agreement for one (1) additional 24-month period and exercise option to increase payment from an annual fee of$16 871 96 to $18 872 Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 2/19/14 Agenda Deadline 2/4/14 CONTRACT COSTS Total Dollar Value of Contract: $ 18,872 Current Year Portion: $ annually Budgeted? Yes® No ❑ Account Codes : 116-76065-530340-TG-46250-X-530340 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial,salaries,etc.) CONTRACT REVIEW Changes Da e Out at I Needed levi wer f. Division Director f�� Yes[:] Noo'= t C� 111all Risk Management �� Yes[:] Nod -, jam � O.M.B./Purchasing Yes[:] Nog County Attorney I lU I Yes[:] No� C. Limbert /Ila Comments: OMB Form Revised 2/27/01 MCP#2 AMENDMENT Ost AMENDMENT) TO AGREEMENT and RENEWAL THIS AMENDMENT to agreement dated the day of 20141 is entered into by and between the Board of County Commissioners for Monroe County ("BOCC" or "County"), on behalf of the Tourist Development Council, and SMITH TRAVEL RESEARCH, INC. ("STR") WHEREAS, there was an agreement entered into on January 1, 2011 between the parties for destination reports for a 36 month period; and WHEREAS, the contract had a scriveners error in which the initial 36-month period had an incorrect expiration date of December 31, 2014; and WHEREAS, the Tourist Development County ("TDC" or "Client) and the County would like to exercise its option to renew the agreement for an additional 24-month period; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to amend and renew the agreement as follows: 1. Section 1. Duration shall be corrected to read as follows: "Client shall subscribe to the various report listed above (hereinafter referred to collectively as "Destination Reports") participate in the local market report program for a period of thirty-six (36) month, commencing January 1, 2011 (December date), and ending on December 31, 2013 (November data). No later than sixty (60) days prior to the expiration of this initial term, STR will provide the BOCC with renewal rate. Thereafter, the BOCC has the authority to extend this agreement for one (1) additional 24-month period at the agreed-upon rates by providing 30 days prior written notice to STR. 2. The BOCC hereby extends this agreement for (1) additional 24-month period commencing January 1, 2014, and ending on December 31, 2015. The new agreed pricing for the additional 24-month period shall be for a total annual sum of $18,872 payable in eleven (11) monthly payments of $1,572.67 and one (1) monthly payment of$1,572.63. This amendment shall be effective retroactively to January 1, 2014. 3. The remaining provisions of the agreement dated January 1, 2011 shall remain in full force and effect. Remainder of page intentionally left blank................ Smith Travel Research ID#: 845 I IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Board of County Commissioners Attest:Amy Heavilin, Clerk of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) SMITH TRAVEL RESEARCH, INC. Attest; ijvBy. aG .l Secretary Prsa t r iJil Print Name IT T Print Name OR TWO WITNESSES (1) (2) 0) _ Print Name (Print Name Date: Onto MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRIOMNE IV LIMBERT-BARROWS A8818T COUNTY ATTORNEY Date_�ri,o1I4. szft Tnvd lttt =fC1k wr:ass 2 DESTINATION REPORT AGREEMENT This AGREEMENT is made effective this the 1st day of January,2011 by and between SMITH TRAVEL RESEARCH, INC.,735 East Main Street,Hendersonville,Tennessee 37075 ("STR'),and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS(BOCC or"County"), 1100 Simonton Street, Key West,FL 33040,a political subdivision of the State of Florida. WHEREAS,STR is a leader in the lodging research industry and has developed a series of local market reports,which are designed to present data on the relative performance of lodging industry properties in selected competitive markets and segments of the lodging industry; and WHEREAS,the Tourist Development Council(TDC or Client),an advisory board to the BOCC,has recommended that the County enter into an agreement with STR for the purpose of delivery of goods and services as described herein;and WHEREAS,Client desires to remain a subscriber to the monthly market,multi-track destination reports for the Florida Keys, Upper Florida Keys and Key West by entering into this Agreement(Exhibit A);and WHEREAS,Client also desires to remain a subscriber to the historic trend monthly report for Key Largo(Exhibit B);and WHEREAS,Client also desires to remain a subscriber to the historic trend monthly report for Marathon(Exhibit C);and WHEREAS,Client also desires to remain a subscriber to the historic trend monthly report for Key West Under 40 Rooms(Exhibit 0);and WHEREAS,Client also desires to remain a subscriber to the monthly muitl-segment Florida Market report (Exhibit E);and WHEREAS, Client also desires to remain a subscriber to the weekly Key West Trend report (Exhibit F);and WHEREAS,Client also desires to remain a subscriber to the weekly Florida Keys report (Exhibit G);and WHEREAS, Client also desires to subscribe to the historic trend monthly report program for islamorada(Exhibit 1);and WHEREAS,this Agreement outlines the obligations and responsibilities of the respective parties participating In the local market report program;now therefore In consideration of the following mutual covenants,STR and the BOCC agree as follows: 1. DURATION. Client shall subscribe to the various reports listed above(hereinafter referred to collectively as"Destination Reports*)participate in the local market report program for a 1 period of thirty-six(36)months,commencing January 1,2011 (December data),and ending on December 31,2014. (November data), No later than sixty(60)days prior to the expiration of this initial term, STR will provide the BOCC with renewal rates. Thereafter,the BOCC has the authority to extend this agreement for one(1)additional 24-month period at the agreed-upon rates by providing 30 days prior written notice to STR. Smith Travel Research Agreement 2010 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 6, 2011, and subsequent Destination Reports will be forwarded thereafter to Client on or about Wednesday of each week. The first set of monthly Destination Reports shall be issued to Client on or about January 28, 2011, and subsequent reports will be forwarded thereafter to Client on or about the last week of each month. The Destination Reports forwarded to C09M shall include the type of market and market segment information contained in the sample reports attached as Exhibits"A"thru"W and or which are fully Incorporated Into this Agreement by this reference. The reports will be delivered by STR to a place designated by Client 3. PAYMENT. As consideration for subscribing to the Destination Reports, BOCC agrees to pay STR for the first year of this agreement (January 1, 2011 through December 31, 2011)the total annual sum of sbdeen thousand eight hundred and seventy-one dollars and ninty-slx cents ($16,871.96)with eleven monthly payments of one thousand four hundred six dollars and zero cents ($1,406.00) and one payment of one thousand four hundred five dollars and ninety-six cents ($1,405.96),payable per month, within ten (10) days after the last day of the month for which payment is due. 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 2011 for year 2 of this agreement and CPI-U for South Florida for year ending December 2012 for year 3 of this agreement Client shall also provide STR with three (3) copies of each edition of Clients 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. PUBLICATION FORMAT. From time to time. Client may wish to publish or reprint data from the Destination Reports. The documents attached as Exhibit H are examples of permissible formats and methods of publishing and reprinting the data during the term of this Agreement. Exhibit H is an example of Information that may from time to Ume is supplied by Client to the members of the Monroe County Tourism Development Council and members of the District Advisory Committees. The Destination Reports and Exhibit H constitute confidential trade information and may only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes. Any H style document shag contain the following notice: "This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes." if Client wishes to utilize formats and methods to publish or re-print any Destination Report data that are in any way different from examples set forth in Exhibit H, Client must provide STR with a draft of MO Proposed report and receive approval for such publication or reprinting from STR in writing. . Any such publication or reprinting must also cite STR as the source of such data or, if requested by STR, include mention of STR in the masthead and/or title of the publication in such a way as to clearly indicate that the newsletter or report is a "joint publication of Client and Smith Travel Research, Inc.", 'published in cooperation with Smith Travel Research, Inc." or any other suitable join recognition. in addition, such publication or reprinting shall also, if requested by STR, contain notices referring to the confidentiality of the STR data and limiting distribution of the report. An modifications to the content, format or appearance of the STR data, or to the masthead and/or title, after STR has approved the format of the same, unless re-approved by STR, shall be considered a breach of this Agreement and allow STR to terminate this Agreement immediately in accordance with the other provisions set forth below. Smith Travel Research Agreement 2010 For the avoidance of doubt, Client need not obtain STR's prior approval for any STR data that Is merely paraphrased or summarized in the text of a report or publication,as opposed to set out in tabular or graphic form. However, regardless of whether any prior approval is required, ANY AND ALL REFERENCES TO OR INCLUSION OF STIRS DESTINATION 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 DESTINATION REPORT DATA IF CLIENTS PUBLICATION OF THE STR DATA DOES NOT CONFORM TO THE PROVISIONS OF THIS AGREEMENT. FURTHERMORE, IF STR DETERMINES THAT CLIENT HAS INTENTIONALLY OR RECKLESSLY MISREPRESENTED OR MISSTATED THE STR DATA, OR HAS, ON A REPEATED BASIS, INTENTIONALLY OR RECKLESSLY 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. S. DEFAULT, in the event that BOCC shall not make payment when due,STR shall be under no obligation to provide Destination 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;provkied, however,that STR shall have the right to declare due and payable all sums due under the terms of this Agreement. 6. DEFAULT COSTS. in the event of BOCC's default under the terms of this Agreement, STR shall be entitled to receive from BOCC, in addition to all other amounts due, the costs of collection, Including reasonable attonwa fees, incurred in the collection of amounts due under the terms of this Agreement. 7. OWNERSHIP OF THE DATA AN 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. Neither BOCC nor Client shah 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 BOCC or 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 Destination Report data under this Agreement to other subscribers of the destination 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 to Client of a duplication fee. Client shall credit STR as the source of the data in each publication using Destination Report data with the following notation: Smith Travel Research Agreement 2010 SOURCE:2011 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 time 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 larger required by Client in order to perform under this Agreement, such data will be either erased from the data files maintained by Client or, it 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. 8. CLIENT'S USE OF THE STR DATA, in addition to Ciient'a publication rights and obligations, which have been stated above, Client is authorized to use STR data, results and/or the Destination Reports in the operation of Its business.The Destination Reports and STR data supplied by STR to Client are confidential and proprietary information, and the Client shall not disclose the Destination Reports or STR data to any person or entity not authorized in this Agreement or any other 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 Destination Reports. Client expressly agrees and understands that the data contained in any and all STR Destination Reports is of extraordinary value to STR. Furthermore, any and al 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 Reports, data or confidential or proprietary information, for any purpose, to anyone or any entity outside of Client's own internal business operations, other than as allowed In paragraph 4 above, 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, (ill) delivering a copy of the signed confidentiality agreement to STR. 9. DISCLAIMER. Client acknowledges the Destination 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 Destination 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 DESTINATION REPORT(S). CLIENT AGREES THAT STR SHALL NOT BE LIABLE FOR DAMAGES INCLUDING CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF ITS DATA ANDIO THE DESTINATION , AND CLIENT RECEIVES WARRANTI SR EITHER EXPRESS OR MPLIED,)RETGARD NGSTHE PERFORMANCE OF DATA Smith Travel Research Agreement 2010 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. 10. 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 total of the sums payable by BOCC and received by STR,and in no event shall STR be liable for special, indirect,consequential, incidental,or exemplary damages. 11. 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 partles. .12. INDEMNIFICATION. STRh covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any losses, damages, and expenses (including attorneys fees) which arise out of, in connection with, or by reason of services provided by Smith Travel Research, occasioned by STR's gross negligence, or knowing or Intentional misconduct. Subject to and without waiving the provisions of Section 768.28, Florida Statutes, BOCC covenants and agrees to indemnify and hold harmless STR from any losses, damages, and expenses (including attorneys fees) which arise out of, in connection with, or by ream of BOCC's gross or knowing or intentional disclosure of or material misuse or misrepresentation of the Destination Reports. 13. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a convlctlon 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 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14. ETHICS CLAUSE_ STR warrants that to the best of its knowledge 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 STR, its subsidiaries or affiliated companies. . 15. D1JMENTATION PERTAINING TO KGREEMENT. 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 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. Smith Travel Research Agreement 2010 16. INTERPRETATION- MEDIATION, BOCC, Client and STR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. The rules and procedures governing any such mediation shall be in agreed upon in writing by the Parties. 17. SEVERABIILITY, if any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extern by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisb s of this Agreement, shall not be affected thereby, and each remaining tens, covenant, condition and provision of this Agreement shag be valid and shag be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. BOCC and STR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the Intent of the stricken provision. 18- ATTORNEY'S FEES AND COSTS. BOCC and STR agree that In the event any cause of action or administrative proceeding is Initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shag be entitled to reasonable attorneys fees, court costs, investigative, and out-of-pocket expenses,as an award against the non-prevailing party, and shag Include attorneys fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shag bind and inure to the benefit of the BOCC and STR and their respective legal representadves, successors,and assigns. 2 performance , Each this party represents and warrants to the other that the execution, delivery Agreement have been duly authorized by all necessary County and corporate action,as required by law. 21. COOPERATION. In the event any administrative or legal proceeding is Instituted against either party relating to the formation, execution, performance, or breach of this Agreement, BOCC and STR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. BOCC, Cilern and STR specifically agree that nothing in this Agreement requires a party to enter into any arbitration proceedings related to this Agreement. 22- NONDISCRIMINATION- County and STR agree that there will be no discrimination against any ierson, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or STR agree to comply with all applicable Federal and state statutes, rules regulations and local ordinances, as applicable that prohibit discrimination. These include but are not limited to: 1) Title Vi of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC so. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination in Employment Act of 1975, as amended (42 USC as. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1 97 0 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; Smith Travel Research Agreement 2010 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of aicohd and drug abuse patent records; 8)Tiitle Vlll of the Civil Rights Act of 1968(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 23. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of any applicable state law, including but not limited to Section 768.28, Florida Statutes, the participation of BOCC in this Agreement and the acquisition of any commercial liability Insurance coverage, sod-insurance coverage, or local government liability insurance pod coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by BOCC be required to contain any provision for waiver. 24. PRIVILEGES AND IMMUNITIES All of the privileges and Immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents,or employees of any public agents or employees of BOCC, when performing their respective functions under this Agreement within the territorial limits of BOCC shall apply to the same degree and extent to the performance of such functions and duties of such officers. agents,volunteers, or employees outside the territorial limits of the County. 25. LEGAL OBLIGATIONS AND RESPONSBILmES. This Agreement Is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, In which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement Is not Intended to, nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute,and case law. 26. NON-RELIANCE BY NON-PARTIE& No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and BOCC and STR agree that no Party or any agent. officer, or employee of a Party shall have the authority to inform, counsel, or otherwise Indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27. SECTION HEADINGS. Section headings have been Inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement Smith Travel Research Agreement 2010 parties to this agreement sign below,Intending to create a legally binding agreement P� 9 19 9 e9 Y 9 9 Board of County Commissioners ,) ny L. Kolhage,Clerk of Monroe County Dep Cl" Mayor airman WITNESS: Smith Travel Research,Inc. Director,CVB/DMO Operations WITNESS: By. MONROE COUNTY ATTORNEY AP�OVF;U AS TO ORM: o r` Y tt..JJ to `:� iw, �- o - NTHIA L. HALLy'� ASSIST NT COUNTY ATTORNEY Cr- )ate._.. � 0 rr_ rn CD � G ' Smith Travel Research Agreement 2010 H A i p PI A O O ♦ f ♦ f �' �,. N N Of V (E 0 A p N N N N 19 N N m O O O r1 rl N p Oe ry ♦ OI N ♦ .- t? 7 O 10 ITIV I 1ff _ O C N w. Q O: N f P p f ^ ^ to CO 4 4 �i 93y�� 3pki f P: :ee yyp�� qry �Q n. 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Ril: lair �:. al.. d9a g pp ! "�.e9 ■xnc ■f!. fi3a ^@3; ^9■■'. R:ii t b'.t:V�? N R A 8 � � � R1�; "!�N! R94^ Ri 3'"s RiA-�. Rl�i �':i« iv➢. A �fA ■i3a ^!z: • P 3 {f R! f a R O q R• =ia IIIYYY � _• _ Rii.i 7{•. !t: 33 i "�117 'Fi' 'eta 'i3a 41 ii ■R�: {:ia o g � g;7 eiia j� � +:'.i +Ay: rJ rii: l,,gr7 •��: s:}; 7-. lii, xia; Y 4 j 3 +�.e� R"�a xi4� xi3; xxq: - =t: +•i� �: t tj �e a �A a � d ''�• a, N; -ii• t Air Xf CL f f } wsN:, w8��: w��N weg� wp�e wii wgy� w9 = wg��; '� w�a- wff, wff;; w��^ ■::��' wA�s A9�p - ' a a pp,{a �.. R'y7 -1w+: A-.�a^ atr^ A��M', Art' I " acr ++�� cr ppy t wlCR w.Ri� we�y: wii" wae:+ w A9� as o -- o 241, x � HISTORIC TREND REPORT MONROE COUNTY SMITH TRAVEL RESEARCH tXhlblt H 8/18/2010 This document contains confidential bade in"ation and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg Monroe County Average Occupancy January 74.6% 73.7/0 68.5% 68.2% -0.4% loo.o% February 79.5% 81.5% 80.2 A 80.3% 0.1 March 81.6% 83.00 81.1% 85.2% 5.1% 80.0% i April 79.7% 78.9 k 80.9% 83.3% 3.0% ; May 71.4% 74.4% 74.1% 76.9% 3.8% 70.0% June 71.6% 71.4% 73.3% 74.1% 1.1% 60.0% July 73.0% 75.6% 78.2% 79.3% 1.4% ' 50.0% ` ) i August 64.7% 61.9% 68.0°A September 481% 35.7% 47.1% 40.0% October 55.2% 54.8% 60.1% 30.0% 1 L November 64.4% 63.1% 65.1% December 58.8% 59.3% 62.8°Ae A c w _.i-2007 2M 2M --*F--2010 Total 68.1% 67.5% 70.3% 77.7% 1.5% 2007 2008 2009 2010 %Chg Monroe County Average Daily Rate - _ -. i . January $200.74 $207.73 $184.41 $188.87 2 $300.00.3% $280.00 t .i t- I i ; February $243.89 $238.36 $202.06 $208.20 3.0% $260 00 March $258.13 $259.40 $206.17 $226.85 10.0% April $227.63 $205.24 $194.62 $205.30 5.5% s240.00 --}--+ -r- - - i May $190.78 $189.17 $166.80 $170.41 2.2% $220.00 June $175.03 $168.34 $149.21 $155.90 4.5% $2o0.00 •' I' ' I ie July $176.05 $170.72 $152.80 $159.56 4.4% $18000 August $160.85 $160.70 $141.46 $1e0.00 r•, fn. aY September $153.19 $140.36 $134.09 $140.00 October $167.56 $164.36 $154.52 $1z0.00 November $172.71 $165.80 $160.24 $100.00 December $211.35 $198.54 $196.15 Total $195.18 $194.68 $171.51 $188.02 4.6% a---2007 2008 tow -°r-2010 RevPAR 2007 2008 2009 2010 %Chg Monroe County Avenge RevPAR January $149.74 $153.11 $126.36 $128.69 1.8% s250.00 February $193.83 $194.24 $162.09 $167.13 3.1% $230.00 March $210.67 $215.20 $167.28 $193.32 15.6% $210.00 April $181.44 $161.90 $157.40 $170.98 8.6% $190.00 May $136.23 $140.67 $123.53 $131.06 6.1% $170.00 June $125.36 $120.23 $109.38 $115.49 5.6% $150.00 -�- _•--{- - -t.-;.-� I July $128.44 $129.03 $119.55 $126.52 5.8% $130.00 August $104.09 $99.40 $96.13 $110.00 September $74.85 $50.12 $63.20 4 f $90.00 October $92.51 $90.09 $92.81 $70.00 November $111.16 $104.65 $104.37 December $124.38 $117.68 $123.28 Total $132.90 $131.59 $120.49 $146.02 6.2% - �- 2007 tow tow --*-2010 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research,Inc./3TR Global,Ltd. rme da°uanatc°nteMa confidential h d i bmr°m,mad can only e.,w..eu to third nenhw in reaoaa»a,a postift,ecerda npuaar*areeaw to chgbr 11e,FM W.auhsn HISTORIC TREND REPORT KEY WEST SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential had@ information and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg too.o ve age Occupaxl y 9r, ,____.. WestA t c January 81.6% 80.8% 76.1% 78.4% 3.0% so.o% February 87.1% 87.0% 87.2% 88.6% 1.6% ' March 84.6% 89.0% 88.2% 92.3% 4.6% 80.0% April 84.9% 86.8% 87.5% 89.7% 2.6% T I May 78.5% 82.3% 81.5% 83.3% 2.2% 70.0% ( ! June 75.2% 75.7% 78.0% 76.9% -1.4% ; r July 78.3% 80.6% 83.5% 82.2% -1.6x 80.0% i. ( August 69.6% 66.4% 73.3% 50.0% 1 Septem October�r 64.4% 63.9% 9.1% 40.0% a 1 r ! ' t November 75.9% 72.7% 74.8% December 69.5% 68.8% 71.5% 30.0% -- Total 75.5% 74.2% 77.2% 84.5% 1.7% ar-2oor 2006 200a Lo-2010 2007 2008 2009 2010 %Chg $3oo.00 .....t i I Ile. Ylyu Ave.raperD�tly RfW._.__.. January $208.16 $217.36 $196.54 $198.77 0.1% $280.00 1 February $253.00 $250.00 $215.09 $226.80 5.4% $2so.00 _L _ --•-.- ;-_- __, March $260.70 $263.15 $215.70 $241.60 12.0X s240.00 A April $221.42 $211.36 $200.74 $220.53 9 % I May $192.52 $197.28 $174.23 $184.80 6,1X $220.00 June $173.72 $173.38 $153.72 $165.20 7.6% nw.00 July $170.21 $175.56 $157.32 $165.73 5.3% $160-00 August $158.42 $162.91 $146.51 $teo.00 'g"`ti,, September $163.52 $150.22 $144.51 ! SeD 5140.00 T_,October $181.01 $180.14 $172.97 November $176.46 $172.41 $170.80 $too.00 December $216.07 $201.92 $202.31 Total $200.18 $201.4a $180.29 $201.95 7.1% -t-2007 2006 200a -0-2010 RevPAR 2007 2008 2009 2010 %Chg $250.00 Igloat�ve January $169.84 $175.61 $151.03 $155.76 3.1% $230.00 ---- -+.- I -- - February $220.26 $217.42 $187.62 $200.95 7.1% $210.00 March $220.51 $234.21 $190.30 $223.09 17.2% $19o.o0 April $188.01 $183.45 $175.68 $197.87 12.6% $170.00 _. - ...._� __ i ; May $151.04 $162.29 $141.96 $154.01 8.5% June $130.61 $131.20 $119.94 $126.97 5.9% $tso.00 $130.00 July $133.34 $141.56 $131.32 $136.30 3.8% August $110.26 $108.18 $107.40 $tto.00 September $92.64 $59.94 $79.05 $90.00 October $116.63 $115.17 $119.48 $70.00 November $133.89 $125.43 $127.83 i500o _L } -- t _ December $150.21 $138.98 $144.70 p f s f � � s Total $150.64 $149.49 $139.11 $170.71 9.0% 0-2001 2008 2M �x-2010 Prior year performance numbers may be updated with current data due to new participants providing thew historic information andior past participants providing updated pnor year performance numbers. Source 2010 Smith Travel Research,Inc./STR Global,Ltd. m1,dm„e»,,,contain c,M"non,vad,tire,,.ON and a w1f be M10*,d to 1hM4 prtb,in navanw to a wipik mod. rMwN P„rwa„t 10 matow 11a,Fbrwo at."" HISTORIC TREND REPORT KEY WEST B&Bs,GUEST HOUSES AND INNS SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a pubfio records request pursuant to Chapter 119•Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg Occupancyg Kay Wow sift,auest Houses A Inns Average 100.09t, ... I_ .._ ,sass�._.. _ _f sass... .-.• January 83.7% 79.8% 78.8% -1.3% I ' 90.0% February 92.0% 92.3°h 90.0% 90.1% 0.1•/. T j March 90.2% 91.1% 90.8% 94.8% 4.4% 80.096 April 89.2% 87.3°r6 86.0% 89.2% 3.7% 70 i ` � i'�, i May 82.6% 85.8°A 83.2% 84.1% 1.1X .0�, o ' June 77.2% 76.8% 77.4% 75.7% -2.2% 600% ' ' G I ' f •'I j July 79.4°k 81.2% 82.7°k 80.5% 2.7% I I August 70.7% 67.8% 71.3% 50.0% September 60.6% 43.7% 52.1% 40.0% October 67.5% 67.6% 70.1% 30.0% November 79.2% 77.2% 75.4% 3 December 71.1% 70.2% 71.4% -0_-2001 20011 2009 is 2010 Total 85.1% 77.0% 77.6% 84.6% 0.6% 2007 2008 2009 2010 %Chg -- January $178.93 $167.77 $172.11 2.6% $28000 _. r -� February $220.11 $209.53 $183.06 $194.48 6.2% $260.00 __ . _ 7-- March $224.11 $220.04 $183.42 $204.86 11.7% $240.00 April $188.34 $185.40 $167.76 $186.86 11.4% $22000 I May $169.53 $165.73 $145.61 $158.33 8.7% $200.00 June $149,54 $141.46 $125.60 $143.20 14.0Xsleo.aoJuly $147.70 $143.11 $131.70 $145.03 10.1X . . Iall $180.00 August $135.90 $136.07 $122.02 September $139.04 $129.13 $126.92 $140.00 October $155.13 $155.87 $149.26 s120.00 November $145.05 $141.40 $146.04 $100.00 December $173.63 $165.95 $169.56 1 f 1 1 --of--2007 2006 2009 iF-2010 Total $184.60 $167.61 $151.20 $173.81 9.4% RevPAR 2007 2008 2009 2010 %Chg $250 00 --r _71 K eti a nm�Aw i W Rpi"!Fru _ January $149.75 $133.85 $135.57 1.3% $23000 March dry $ 5 $200.37 $166.55 $194.12 16.6% s190ao$ 02.40 $193.44 $164.83 $175.24 6.3% s210 00 02.2 April $167.92 $161.79 $144.33 $166.68 15.5% snoop May $139.97 $142.25 $121.15 $133,21 10.0% s150.00 June $115.43 $108.68 $97.19 $108.37 11.5% $130.00 }- July $117.26 $116.26 $108.89 $116,69 7.2% sito.00 August $96.13 $92.23 $87.05 s9o.00 . ! _ September $84.32 $56.39 $66.16 s70.00 --t -• -1- -�- _. i. October $104.71 $105.37 $104.58 _ November $114.86 $109.11 $110.05 December $123.47 $116.50 $121.11 ` 2001 200e zoos ` --s-m;o Total $157.12 $129,04 $117.39 $147.10 10.0% 2M _ Prior year performance numbers may be updated with current data due to new participants providng their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research,Ine.ISTR Global,Ltd. This downent ea ulna confidential b nromtat1w and can only be released to third parties in,„pins.,,a public records ranaaaf punuam to Chapter 119,rbride aatlrnee HISTORIC TREND REPORT MONROE COUNTY EXCLUDING KEY WEST SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential bade information and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg t00.0% -MI nw. oum Eactusltrip .WwKA caulkim January 68.0% 66.3% 59.6% 56.3% -5.5% 90.0% I ° February 72.3% 75.5% 71.9% 70.5% -1.9% March 78.6% 76.4% 72.7% 76.9% 5.8% 80.0% April 74.4% 70.2% 73.0% 75.7% 3.7% I l } May 64.3% 65.8% 65.2% 69.4% 6.4% 70.0% June 68.3% 66.7% 67.7% 70.8% 4.6% 60.0% --! July 67.9% 70.0% 72.0% 75.9% 6.4% August 60.1% 56.8% 61.6% 50.0% September 41.5% 31.0% 38.2% October 46.0% 44.7°A 49.4% 40.0% November 52.9% 52.4% 53.2% December 48.5% 48.6% 52.2% 30.0% Total 61.9% 60.3% 61.9% 69.7% 1.4% f 2007 zoos 2009 0 2010 2007 2008 2009 2010 %Chg $300.00 _.. ...-M1M ,,. ehtditKtYwesS.AvO!aw Daily Rate January $192.27 $195.38 $162.99 $172.24 S.7% $280.00 February $233.46 $223.76 $183.29 $180.88 -1.3% $250.00 ' ti . I March $256.32 $254.63 $192.44 $206.15 7.1% $240.00 April $234.81 $196.98 $185.91 $184.21 0.9% $22o.o0 $188.62 $178.12 $155.7 May 7 $150.22 June $176.40 $162.00 $143.05 $144.10 0.7% 3200oo ' July $182.42 $164.54 $146.82 $151.81 3.5% 5i8000 August $163.52 $157.84 $134.37 $150.00 k. September $139.77 $126.28 $116.43 -4W- j October $148.82 $139.28 $124.02 $14000 I November $167,36 $155.56 $141.97 S72o.00 - - + _.A. i December $204.80 $193.22 $185.75 Total $197.19 $185.46 $158.31 $168.35 1.4% i-2007 ma 2000 0-2010 RevPAR 2007 2008 2009 2010 %Chg January $130.65 $129.45 $97.09 $97.04 -0.1% $230.00 --.-4 February $168.72 $169.00 $131.78 $127.58 .3.2% $210.00 March $200.70 $194.50 $139.96 $158.53 13.3% si9o.00 ' April $174.77 $138.34 $135.69 $139.54 2.8•A° $170.00 - i _.. May $121.21 $117.13 $101.64 $104.24 2.6% $15000 June $120.40 $108.08 $96.85 $102.08 5.4% July $123.80 $115.16 $105.63 $115.19 9.1% $130.00 August $98.26 $89.67 $82.81 $110.00 -_ .-- . September $57.94 $39.20 $44.46 $90.00 - - October $68.49 $62.22 $61.29 s�o.00 ._ November $88.54 $81.48 $75.53 $50.00 December $99.33 $93.97 $96.88 i 3 j ! 3 $ ; -7r-2010` Total $121.98 $111.76 $98.02 $117.29 2.0°�G w 2007 2000 200Y Prior year performance numbers may be updated with current data due to new participants providing their historic intormation and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research,Inc.1STR Global,Ltd. 7ha daeanrM aanW°a°°aaaann.l a.a.kdonnaeon rw can Milo be rokwa4 to third Wise in morn.°b a Public nnarh rgMaal Purara d 00 chapter 11•,FWWS SlahRaa IHISTORIC TREND REPORT Key Largo [SMITH TRAVEL RESEARCH 8112010 This document contains confidential trade infwmation and can Onty be released to third parries in response to a pubk records request pursuant to Chapter 119.Florida statute's [OCCUPANCY RATE 2007 2008 2009 2010 %Chg 100.0% Q;cu January 68.8% 68.8% 64.0% 57.9% -9.5% 90.0% February 73.7% 73.7% 76.5% 73.3% -4.2% 80.0% March 77.3% 81.1% 75.5% 78.7% 4.2% April 73.2% 76.0% 74.3% 76.9% 3.5% 70.0% 1 May 65.4% 74.7% 63.4% 68.8% 8.5% 60.0% June 69.1% 72.8% 67.3% 69.6% 3.4% July 70.7% 75.9% 74.4% 78.5% 6.5% 50.0% August 62.2% 61.3% 61.4% September 49.2% 37 40.0% .6% 42.4% October 51.7% 51.5% 50.1% 300% November 61.2% 59.5% 54.4% j 1 December 53.5% 51.3% 54.4% W 2001 2008 f 2009 1-*-20 I'll Total 64.7% 65.2% 63.6% 71.7% -0.4% 2007 2008 2009 2010 %Chg M-00 January $187.03 5181.46 $163.44 $169-32 3.6% $28000 February $222.51 $209.81 $179.32 $174.62 -2.6% $260.00 March $224.79 $227.75 $182.50 $189.19 37% $240.00 April $209.87 $181.30 $173.20 $166.85 .37% May $220.00 ...... T i '-j $169.26 $191.04 $147.94 $139.30 -5.8% June $200.00 $147.08 $139.10 $127.13 $128.09 0.8% July $149.36 $141.20 $132.23 $180.40 36.4% $18000 August $143.91 $135.59 $132.26 $133.69 1.1% $IW'00 September $128.83 $117.56 $115.04 $140. October $137.87 $128.87 $124.09 $120.0000 November $159.43 $156.84 $150.46 $100.00 December $179.56 $178.54 $174.00 Total $174.90 $166.03 $149.91 $157.49 -0.4% 2009 --*-2010 WrOP-A R 2007 2008 2009 2010 %Chg - XG i Let"A Rev$250.00 AIR go January $128.74 $121.46 $104.57 $98.12 .6.2% $230.00 February $163.88 $167.76 $137.13 $128.01 -6.7% $210.00 March $173.83 $184.53 $137.81 $148.95 8.1% $190.00 April $153.69 $137.73 $128.61 $12824 -0.3% $170.00 + May $110.76 $142.63 $99.53 $96-92 -2.6% w000 June $101.62 $101.27 $85.54 $88.62 3.6% s i 3000 July $105.67 $107.20 $98.39 $105.01 6.7% slio.00 August $90-09 $83.11 $73.29 $90.00 1 September $63.36 $44.23 $48.78 $70 October $71.22 $66.40 $62.14 00 $5000 .--L.- November $97.55 $93.24 $81.82 December $96-03 $91.67 $94.65 --a-nor 2M i 2M -*-2010 Total $113.08 $108.29 $95.32 $112,95 0.2% Key Largo Tract HISTORIC TREND REPORT began May 2008 Prior year performance numbers may be updated with current data due to new participants providing their historic information andlor past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research,Inc./STR Global,Ltd. This Wado info W"and can-ly be raigo"d to third Whig in mponoalo a public r011""PurNowd to ChneW 119,Florida SLOAn HISTORIC TREND REPORT Marathon SMITH TRAVEL RESEARCH 8/18/2010 This document contains con8dentfal bade information and can only be released to third parties in response to a pubNc records request pursuant to Chapter f 19,Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg 100.0% January 64.3% 61.6% 52.7% 51.4% -2.5% February 69.0% 68.9% 66.2% 66.4% 0.3% 90.0% f l ! March 771% 68.4% 69.2% 76.3% 10.3% 80.0% April 71.7% 61.7% 71.3% 73.9% 3.6% May 58.3% 63.1% 63.4% 68.8% 8.5% 70.096 I 1 f June 62.8% 55.8% 68.3% 71.9% 5.3% so o% f I t- h July60.6% 61.9% 72.0% 75.1% 4.3X I j f ' August 53.5% 49.5% 60.0% 50.0% f September 32.0% 24.2% 32.6% October 44.1% 34.8% 44.4% 40.0% November 47.6% 47.5% 50.3% December 44.2% 45.7% 48.6% 30.0% Total 57.1% 54.4% 59.0% 69.10% 4.5% 20M 2000 --*--2010 2007 2008 2009 2010 %Chp t11 January $187.60 $203.73 $182.39 $180.01 1.3X00 $230.00 February $228.41 $219.71 $207.38 $200.52 -3.3% I$ oo ,I, + March $261.89 $264.39 $230.54 $236.45 2.6% - - �- AP� $242.93 $216.39 $222.62 $212.72 -4.4X $240.00t--- May $193.93 $219.68 $175.21 $165.24 -5.7% $220.00 -,~ June $190.98 $174.31 $170.12 $165.20 .2.9% $200.00 i t... July $205.66 $208.33 $177.55 $180.40 1.6% $180.00 August $177.91 $174.51 $155.42 $18000 September $136.32 $130.43 $120.51 $14o.00 October $171.54 $140.50 $125.68 November $173.47 $153.63 $14318 $120.00 December $218.83 $220.16 $218.08 sloo. .00 -!_ 1. :.._ _.. ._ A._ Total $199.12 $201.69 $182.84 $192.19 -1.8% "-2007 2M 2°°' -W-2010' RevPAR 2007 2008 2009 2010 %Chp s250.00 January $120.72 $125.50 $96.20 $92.46 -3.9% $230.00 •- ( ( •- February $157.55 $151.30 $137.26 $133.06 -3.1% $210.00 March $201.95 $180.72 $159.55 $180.32 13.0% $190.00 April $174.20 $133.52 $158.76 $157.24 .1.0% $170.00 May $113.00 $138.60 $111.03 $113.67 2.4% $150.00 - - - C. I r June $119.96 $97.30 $116.18 $118,86 2.3% s13o.o0 July $124.71 $128.92 $127,85 $135.43 5.9% s1lo.00 August $95.22 $86.41 $93,20 September $43.63 $31.52 $39.30 $70.00 1 October $75.59 $48.89 $55.80 $W 00 November $82.53 $72.95 $72.07 December $96.63 $100.67 $105.90 -0-2007 2008 l 2000 `*-2010 Total $117.14 $109.66 $107.80 $132.82 2.7% rM.A~Tr ct rMSTORIC TREND REPORT b*W Wadi 200 Prior year performance numbers may be updated with current data due to new performance numbers. partfcipanta providing their historic information and/or past participants providing updated prior year Source 2010 Smith Travel Research,Inc./STR Global,Ltd. T.I.AOCMIruniew"los cunfidwdMl beds inromraan and cae onh,be mi"seA i0 mi para.s in maor�4 a,public nwrd. rpwq Pumod to chapter 119,Fbride/fM UMS - HISTORIC TREND REPORT Islamorads SMITH TRAVEL RESEARCH Coming September 2010 This document contains confidential trade intormabon and can only be released to third parties in response to a public records request pursuant to Chapter 119,Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Chg 100.0% _.1._ _._.. Att _._._..-.. _ ._..., January 64.3% I February 69.0% 90.0% March 77.1% I 80.0% _. April 71.7% i { May 58.3% 70.0% -- June 62.8% I I i T j i July 60.6% 80.0% } August 53.5% ! September 32.0% October 44.1% 40 0% November 47.6% ! ! December 44.2% 30.0% 1_L -----7 t Total 57.1% s-zoo; moe tow 4'20to 2007 _.._ orq�la vgrs .Daily RAt4_ January $187.60 .00 $200 00 r February $228.41 March $261.89 $2e01.00 April $242.93 $240.00 - �.__i $220.00 May $193.93 1.j June $190.98 $200.00 -i_-- July $205.66 - August $177.91 t _.. . September $136.32 $160.00 October $171.54 $140.00 �.. _ - November $173.47 S/20.00 December $218.83 :100.00 Total $199.12 +-zoo; 2M 2000 RevPAR 2007 $250,00 - i- laid AV J2e1{PAyR January $120.72 $230.00 7,- February $157.55 $21000 { March $201.95 $190.00 April $174.20 s170.00 .. { May $113.00 ; $150.00 June $119.98 ' July $124.71 IT L T August $95.22 $110$90.00 00 September $43.63 s70.00 f 1 _.._L._--.___L. October 575.59 I i November $82.53 s5o.00 - _. L_._L.._._._� December $96.63 's , 1 ■ zoo; taw tow +*-2010 Total $117.14 tMffslhoo to KSTORIC TREND REPORT h.W Mom tow Prior yea performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research,Inc.ISTR Global,Ltd. This"Cussho'co„dlRs�fhi Ru„r,,,,.,RN,,,,,.M,,,wol G "IV be nftnod to Ih d Whoa W mp„»jo a pubk *r. rpu"I Pmm~t to Cb.orr ttt,FbrWo a akfts t