Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15.2004
Division:
TDC
Bulk Item: Yes -L No
Department:
AGENDA ITEM WORDING:
Approval requested to waive policies and bid process and enter into a contract with
Smith Travel Research who is the only entity that provides local reporting specific to
Monroe County accommodations and provides reports pertaining to occupancy and
daily average rates on a weekly, monthly and annual basis to the Monroe County
Tourist Development Council. Smith Travel Research also provides national data. The
information is provided to the accommodations industry in Monroe County and
provides the basis for analytical data base information utilized by the Monroe County
Tourist Development Council.
ITEM BACKGROUND:
TDC approved same at their meeting of December 7 J 2004.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $5.700
BUDGETED: Yes ----X- No
COST TO COUNTY: $5.700 SOURCE OF FUNDS: TDe
REVENUE PRODUCING: Yes X- No -----;;;/1 AMOUNT PER MONTH_ Year
APPROVED BY: County Ally ~ ~~~enl_:"
DIVISION DIRECTOR APPROVAL: L-
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # h- 10.
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Smith Travel Research Contract #_
Effective Date: 12/15/04
Expiration Date:
Contract Purpose/Description:
Agreement with Smith Travel Research to provide local market research reports for
Monroe County.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/15/04 Agenda Deadline: 11/30/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,700
Budgeted? YeslZl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
116-76065-530340- T56G-250X-530340
- - - -
-----
- -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management
Date Out
O.M.B./Purchasing #0 cyYesO No
County Attorney I~ YesONo~
Comments:
OMB Form Revised 2/27/01 MCP #2
NOV-23-04 09,52 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE 2/13
LOCAL MARKET REPORT AGREEMENT
This AGREEMENT is made effective this the _ day of . 2004 by and between
SMITH TRAVEL RESEARCH. INC., 735 East Main Street, HendersonVille, Tennessee 37075
(h....,nafter referred to as "STR" and MONROE. COUNTY BOARD OF COUNTY
COMMISSIONERS (BOCC), on behalf of the Monroe COunty Tourist Development COuncil, 1201
White Street, Suite 102, Key West, Florida 33040, (hereinafter refen'ed to as "Clienr).
WHEREAS, STR is a leader in the lodging research industJy and has developed a series of
local market reports, which are designed to present data on the relative perfonnance of lodging
indUSlJy properties in setected competitive marUts and segments of the lodging indusfry; and
WHEREAS, Client desires to become 8 participant in the local market report progra~: and
WHEREAS, Client desires to becomes a participant in the local market report program by
entering into this Agreement; and
WHEREAS. this Agreement outlines the obligations and I'8SpOIlSibillties of the respect",.
parties participating in the local market report program; now therefore
In consideration of the following mutua. covenants, STR and Client agree as follows:
1. DURAnON. CUent.shall ~C?il)at~ 1'.1 the local market report program fora..~~.~
thl~ (38) months, commencing "._~~ll:'" (November data), and end~rlQ on,,~_"~
2JXJ'~ (~~~r data). BOCC has the option to extend this agreement for Mi.:~(~l:~'t,2+
rnot1lb~, and can do so by providing 60 days prior wrftten notice to STR.
2. REPORll, As consldetation for the PAYMENT descrtbed below and ctient's
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Client on or about January 5, 2004, and subsequent reports will be forwarded th8N8fter to Client on
or about the first week of each month_ The reports forwarded to Client shall include lIIe type of
market and market segment information contained In the sample ruports attached as Exhibit "'A.
(lodging Outlook SUlVey),which Is fully incorporated to this Agreement by this reference.
3. PAYMENT~ As COnsideration for participating In the Local Martcet Report program,
BOCC agrees to pay STR for the first year of this agreement (JlII1uaJY 1, 2005 through December
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'!.~.Wt~~,lIf.~r.,.... .,yw. ..... "".~,,;w..!lnV' ....m"ft!!lJl, In n l ays a er. ay
the month for which payment is due. and thereafter the amount shall be adjusted for CPl. ctlent
shall also provide STR With three (3) copies of each edition 01 Client's local market report,
newsJetter, publication (If any) in Which the STR data (defined below) is printed as they are
published, produced and/or disseminated. Payments for subsequenr years of this agreement shall
be agreed upon by both BOCC and STR.
4. PUBUCAnON FORMAT_ If the local market report data is published or re-printed by
Client in a newsletter or other such periodic "'port that is pri'martly baed on STR data, Client must
Intonn STR of their intent to so incorporate such Information or data and allow STR, at STR'S
election, to be cited as the source of such information or data. The Citation of STR as the source of
such data and information may include mention of STR in the masthead and/or tiUe of the
publication in such 8 MY as to clearly Indicate that the newsletter or report is a ,oint publicatton Of
CHant and Smith Travel Research, Inc.", .PUblished in cooperation with Smith Travel Researd1,
Inc." or any other suftable joint recognition requested by STR. rn addition, the masthead or title
Smith Travel Research Agreement 2004
NOV-23-04 08.52 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516
PAGE
3/8
must be approved by STR prior to the innlal publication or such newsletter, report, or publication.
Any modifl~fons to the masthead andfor title after STR has approved the format of the same,
unless ...approved by STR, shall be considered a breach of this Agreement and aJlow STR to
terminate this Agreement immediately in ac::cordance with the other provisions set forth below.
If STR determines or otheAW1s8 agrees that the local market report data is merely a small part of the
information regularty presented in Client's newsletter or per10dic report O.e., in addition to other
topics of discussion such as member Issues and Industry nelAlS), after inquiry and disdosum by
Client. STR may opt to instruct Client not to Indude the afo,.mentioned Joint recognition of STR and
Client in the masthead and/or We.
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 CUENT'S PUBLICATION OF THE STR DATA DOES NOT CONFORM TO THE
PROVISIONS OF THIS AGREEMENT.
FURTHERMORE, IF STR DETERMINES THAT CUENT HAS INTENTIONALLY OR REPEATEOL Y
FAILED TO CITE STR AS THE SOURCE OF THE DATA OR INFORMATION INClUDED IN ANY
CLIENT PUBUCATION, STR SHALL HAVE THE FURTHER RIGHT(S) TO DO SUCH THINGS AS:
IMMEDIATELY TERMINATE THIS AGREEMENT, PROHIBIT CUENT FROM FURTHER
REPRODUCTION OR USE OF THE 8TR DATA OR INFORMATION, OR BRING A CAUSE OF
ACTION AGAINST CLIENT FOR INFRINGEMENT OF STR'8 COPYRIGHTS.
IF 8TR EXCUSES ANY FAILURE BY CUENT TO CITE STR AS THE SOURCE OF THE DATA
AND INFORMATION ATTRIBUTABLE TO STR, AND 8TR 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
8REACH BY CLIENT.
5- DEF~UL:t. In the event that BOCC shall not make payment when due, STR shatl 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 eo days after ita due date, this
Agreement shall autom8tic:ally terminate and otherwise become null and yoid, and STR shall have
no further obligations; provided, however. that STR shall haye the right to dedare due and payable
all sums due under the tenns of this Agreement..
6. DEFAULT COSTS. In the eyent of 8OCC's default under the tenns of this Agreement,
STR shall be entitled to receive from Client, In addition to all other amounts due. the costs of
collection, including reasonable attomey's fees, incurred in the collection of amounts due LInder the
tenns of this Agreement.
7. SUSPENSION. If in the sole opinion of STR there is not sufficient
continued particiPltion by major lodging properttes and/or chains to provide meaningful information
to its Clients, STR shall haye the option to discontinue the program and tenninate this AQreement.
Client may term In_ this agf88ment with 3Q.day advance wrflten notification. In the event of such
discontinuance by STR or Client. STR shall refund any amounts previously paid by Client for a
period for which reports have not been received.
8. OWNERSHIP OF THE DATA. All of STR~ data, without regard to the form or content of
the report in which It is Incorporated, is. will be, and shall remain 5TR's exc:Iusiv& property and
proprietary informlltion. Neither BOCC nor dlent shaJllfcense Qr sublicense, or in any way lay daim.
in copyrtght or otherwise, to any of STR's data or information for any reason, nor shall BOCC or
Smith Travel Research Agreement 2004
'NOV-23-04 08.53 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516
PAGE
4/S
Client enable any thild party to do any of the same. The parties agree that any and all dara sets.
infonnation, and reports. lrrespectiye of fORn, prepaf8d by 8TR and provided to Client are not and
do not constitute WOftcs for hire under the copyright laws. STR has the right to authorize and assign
publication tights of the local market report data under this Agreement to other subscr1bers of the
local nuu1cet report program. STR recognizes that upon provisiOn of any reports to Client, those
documents become pubUc records and are subject to Florida Statutes (F.S.), Chapter 119. Section
119.07(1)(a), F.S. requires the TOe to pennit such records to be inspected by any pelSOll desiring to
do so, and to provide a copy of said record upOn payment to CUent of a duplication fee.
Client shall credit STR as the source of the dat8 in each publication using local market report data
with the following notation:
SOURCE: COPYRIGHT DOl. SMITH TRAVEL RESEARCH.
ALL RIGHTS RESERVED
Such notation shall conspicuously appear immediately below or in conjunction With any and all
graphs, chal1s, tables, etc. def1ved by Client from STR'. data, and all such graphs. charts, tables,
etc. shall become the property of STR, because of Clients 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 Sectton 119.07, F.S. is for infonnational purposes onl~ and not for
commercial release. The County has no policy allowing commercial use of the Client's pubfic
records other than those specifically developed for commercial use by the Client. Upon tennination
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 older to perform under this Agreement, such data
will be either erased from the data flies maintained by Client or, if STR so elects, Client shalf retum
the data to STR Any such erasure of STR's data wnl be yerified and confinned in wr1ting by Client.
Doc:uments and reports which have been produced on paper and haye become public records in the
Client's custody shall be retained by Client.
9. CUENT'S ~E 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 confldentiaJ and proprietary infonnation, and the Client Shill not
discfose the Historical TREND data to any pefSOll 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 infonnation presented in the local market
report. Client expteSSIy agrees and understands that the data contained in any and all STR reports
is of extraordinary value to STR. Furthennore. 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 eSSOdated lia~ltty rests on Client
and nat STR.
To the extent Client desires to disclose any of STR's data or confidential or proprietary infoRnation,
for any purpose, to anyone or any entity outside of Client's own Internal business operations, Client
agrees to protect the secacy, 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 dlsdosu.... AND
specifying the purpose of the disclosure, in order to provide STR with an opportunity to refuse
authorization of such Intended disclosure; (if) requiring the intended recipient to sign a suitable
confidentiality agreement between Client and the recipient proteCting STR's data and infonnation:
and. (IIi) delivering a copy of the signed confidentiality agreement to STR.
Smith Travef Researdl Agreement 2004
NOV-23-04 08,54 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
5/6
Prior to using local market report data in its publications, advertising or martteting efforts, Client
shall provide STR with a copy of the proposed publication masthead, advertisement, or marketing
plan to the &)dent STR believes necessary to protect the integrity of STR's produc.t. STR has the
right to amend or change the masthead, advertisement, marketing plan or other materials to the
extent 8TR betieves 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. I'8SLIIt$. and/or the local
market ",port(s) have been misstated, misquoted, used in any manner as to be misleading, or in
any way reflect negatively upon 8TR's product, STR shall haye the absolute rtght to revoke its
authorization for client to use such data, results, andlor the local market report.
10. D~CLAlMER. Client acknowledges the local market reports are generated from
infonnatJon received through Independent surveys and research from sources considered ..labIe !n
the hotef and motel industry. STR will use its best efforts to insure the infonnation contained in the
IocaJ mal1tet reportS are aCQIrate 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). CUENT 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 OBTAJNED USING THE DATA. ACCORDINGLY, THE DATA
IS UCENSED .AS IS. WITHOUT WARRANTY AS TO ITS PERFORMANCE. MERCHANTABJLlTY
OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF lliE DATA IS ASSUMED BY CLIENT.
11. UMJTATION OF STR UAIIIUTY. The parties further agree that in no eyent shall STR'5
total liability relating to STR'S perfonnance under this agreement, or any t8p0rt or data provided to
CJient by STR, exceed the sums payable by BOCC and received by STR, and in no &vent shall STR
be liable for special. indirect, consequential, Incidental, or exemplary damages.
12. MODIFICATION. This Agreement represents the entire understanding between the Pflrties
and there are no representations. agreements or understandings either oral or written, other than
those set forth in this Agreement Any modiflC8tfon to this Agreement shall be In writing signed by
both parties.
13_ CHOICE 0' 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 18th Circuit of the State of Florida.
The parties to this agreement sign below, intending to create a legally binding, agreement.
14. INDEMNIFICATION. Smith Travel Research covenants and agrees to Indemnify and hold
hannless Monroe County Board of County Commissioners from any losses, damages. and
expenses (indUding 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.
15. 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 bicl on a
contrad to provide any gOOds or services to a public entity. may not submit a bind on a conttac:t wtrh
a public entity for the construdlon or repair of a public building or public work, may not submn bicls
on leases of real property to public antlly, may not be awerdecl or perform work as a STR, supplier,
subcontractor, or consultant under a contracl 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
Smith Travef Research Agreement 2004
NOV-23-04 08.54 FROM.MONROE COUNTY ATTY OFFICE 10.3052823518
PAGE
8/8
CATEGORY TWO for a period of 36 months from the date of being placed on the convided vendOI'
list.
18_ I;THICS CLAUSE. STR warrants that no person has been employed or retained to solicit 01
secure this contract upon an Agreement or und8fSlanding for a commission, percentage, brokenlge,
or contingent fee and that no member of the Monroe County government or the TOe has any
inler8st. financially or otherwise, in the FIRM or its subcontractor's.
17. DOCUM,NTATJON PERTAINING TO AGREEMENT. STR shall maintain all books,
records, and documents directly pertinent to perfonnance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shaH have reasonable and timely access to such records of each other
party to this Agreement for pUblic recanfs purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an aucfllor employed by the County or Clel1t
determines that monies paid to STR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the SiR shall repay the monies together With Interest calculated
pursuant to Sec. 55.03, FS. running from the date the monies were paid to STR.
18. GQVERNING LAW. VENUE. INlERPRETAnON. COSUS AND Fe!S. This Agreement
shall be govemed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the $1ate. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and STR agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County. Florida. The County and 8TR agree that, In the event of
conflicting interpretations of the terms or a tenn of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrBtive or legal
proceeding.
19. SEVERABIUlY. If any tenn, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be dedared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement. shall not be alfeded thereby; and each remaining term, covenant,
condition and provision of this Agreement shaD be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms. covenants, conditions and
pmvisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and STR agree to reform the Agreement to replace any stricken provision
with a yalid provision that comes as close as possible to the intent of the stricken provision.
20. ATTORfl'EY-S FEES AND COSTS. The County and STR agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enfon:ement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attomey's fees, court costs. investigative, and out-of-pocket expenses, as an 8W8IU against the non-
prevailing party, and shall Include attorney's fees, courts costs. Investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings Initiated and conducted pursuant to this
Agreement shall be in accordance with the RmIda Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County_
21. e,NDING EFFECT. The terms. covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and STR and their respective legal representatives.
successors, and assigns.
22. AUTHOR'1Y. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law_
Smith Travel Research Agreement 2004
NOV-23-04 08.55 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516
PAGE
7/(3
23. ADJUDICATION 0' DISPU~ AND DISAGREEMENTI. County and STR agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon wittlln 30 days
after ths first meet andeanfs, session, the issue or issues shall be d[!l:r.Ussed at a public meeting of
the Boam of COunty Commissioners. If the issue or i!ales are still not resolYed to the slltlsfadion
of the parties. then any party shall have the right to seek such relief or remedy as may be provided
bV this Agreement or by Florida law.
24. COOPEJtA noN. In the event any administratiye or legal proceeding is instituted against
either party relating to the formation. execution, perfonnance, or breach of this Agreement, County
and STR agree to Participate, to the extent required by the other party, in aU proceedings, hearings,
~, meetings, and other activities related to the substance of this Agreement or provision of
the seNices under this Agreement County and STR speciftcalty agrM that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
25. NONDISCRIMINATION. County and STR agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that disctfmination has OCCUrred, this Agreement automatically terminates without any
further action on the part of any party, e"&dIve the date of the court order. County or STR IIQIee to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrfmination. These include but are not limited to: 1) Title VI of the Civil Rights Ad of 1964
(Pl88-352) which prohibits discrimination on the basis or laC8, color or nationaJ origin; 2) TItle IX of
the Education Amendment of 1972, as amended (20 use SS. 1881..1883, and 1685--1888), which
prohibJts discrimination on the basis of sex; 3) SecUon 504 of the Rehabilitation Act of 1973, as
amended (20 use s. 794), Which prohibits disa1minatJon on the basis of handicaps; 4) The Age
Discrimination Ad of 1875, as amended (-t.2 use ss. 6101~107) which prohibits disainunatJon on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1872 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 8) The Comprvhensiye Alcohol Abuse and
AlGoholism Prevention. Tle8tment and Rehabilitation Act of 1170 (PL 91~18), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 1) The Public Health SaNies Act
of 1112, sa. 523 and 527 (42 use $S. 690dd-3 and 290ee.3). as amended, relating to confidentiality
ot alcohol and drug abuse patent records; 8} Tdte VIII of the eM' Rights Act of 1988 (42 use s. at
seq.), as amencled, relallng to nondisaimlnatlon in the sale, rental or financing of housing; 9) The
Americans wfttI Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to
time, relating to nOndisaimination on the basis of disability; 10) Monroe County Code Ch. 13. Art.
VI, prohibiting discrimination on the bases of race, color, sex. reftgion, disability, national origin,
ancestry, sexual orientation, gender identity or expreson, 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.
26. NON-\yANER OF IMMUNiTy. Notwithstanding he proVisions of See. 288.28, Florida
statutes, the participation of the County and the STR In this Agreement and the acqulslion of any
commercial liability insurance coverage, seff-insurance coverage, or local govemment liability
Insurance pool coverage shall not be deemed a waiver of immunity to the extent of lia~lity
coveraoe, nor shall any contrad entered into by the County be required to contain any proVision for
waiver.
ZT. PRMLEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws" ordinances. and rules and pensions and relief, disability, wolters'
compensation, and other benefits which apply to the activity of officers, &gents, or employees of any
public agents or emplo~ of the County, when perfonning their respeGtive functions under this
Agreement within the territorialllmifs of the County sh8fl appfy to the same degree and extent to the
Smith Trayei Research Agreement 2004
NOV-23-04 09,56 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
a/l3
perfonnance of such functions and duties of such officers. agents, volunteers, or employees outside
the territorial limits of the County.
28. LEGAL Q8UGATlONS AND RESPONSIBIUTlQ. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obtigation or responsibility
imposed upon the entity by law except to the extent of actual and timely perfonnance 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 pennitted
by the Florida constitution. state statute, and case law.
29. NON-RELIANCE BY NON-PAIrOQ, No peISOn or entity shall be entitled to rely upon the
tenns, or any of them, of this Agreement to enforce or attempt to enforce any thirtl-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
STR agree that neither the County nor the STR or any agent. offlcer. or employee of either shall
have the authority to intonn, counsel. or otherwise indicate that any particular indiYldual or group of
individuals, entity or entities, have entitlements or benefItS under this Agreement separate and
apart, infenor to, or superior to the community In general or for the purposes contemplated in this
Agreement.
30. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter
of oonvenience of reference only, and it is agreed that such section headings are not a part of this
Ag..ement and will not be used in the interpretation of any provision of this Agreement.
(SEAL)
Attest: Danny L. Kolhage, Cieri(
Board of County Commissioners
ot Monroe County
Deputy Clerk
MayorlChairman
WITNESS:
By.
Smith Trayel Research, Inc.
By,
PntSident
Smith Travel Research Agreement 2004
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