Item G07 G7
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
November 19, 2024
Agenda Item Number: G7
2023-3271
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Kelli Fountain 305-296-1552
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Tourism Economics, LLC. to
provide geolocation data for the Monroe County Tourist Development Council.
ITEM BACKGROUND:
Attached.
TDC approved same at their meeting of October 29, 2024
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Tourism Economics Agree ent.pdf
FINANCIAL IMPACT:
Line Item Number 115-SC 00084 $63,000
2036
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Memorandum
TO: Tourism Development Council
FROM: Kelli Fountain, Director of Market Research
DATE: November 5, 2024
RE: Consideration: Data Intelligence needs
As our current contract with Datafy for geolocation intelligence is set to expire at the
end of this year, I sought bids from vendors to evaluate our options. After a thorough
comparison, I recommend transitioning to Symphony by Tourism Economics.
While Symphony's annual cost of$63,000 is higher than Datafy's $31,500, it offers
significantly expanded capabilities that will greatly enhance our data analysis and
predictive insights. Specifically, Symphony provides access to advanced analytics,
including predictive modeling, visitor sentiment, economic forecasting, and more robust
geolocation data, with 600 points of interest (POIs) compared to Datafy's unlimited
POls but without predictive analytics. Symphony also integrates a wider range of data
sources and unique proprietary methodologies that aren't available elsewhere.
In addition to the comprehensive data sets, Symphony includes 24 consulting hours
annually to support strategy, presentations, and ad hoc analysis, which is not part of
Datafy's package. This feature alone can be of substantial value, helping us tailor
insights into our destination's needs in ways that Datafy cannot offer.
I have also negotiated a two-year contract with Symphony, which gives us more
flexibility than their standard three-year term.
At this time, I recommend proceeding without the optional media and website
components. TDC approved at their meeting of October 29, 2024
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ECONOMICS
AN OXFORD ECONOMICS COMI"ANY
A proposal prepared fior
The Florida Keys & Key West Tourist
Development Council
Data warehousing and market intelligence platform
Proposal submitted by
S Y M P H C:� N Y '��;% TOURISM ECONOMICS
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Tourism Economics/Oxford Economics
303 W. Lancaster Ave, Suite 2E
Wayne, PA 19087
Tax ID: 30-0540227
October 17, 2024
We are pleased to submit this proposal to customize our best-in-class Symphony platform to meet the
unique needs of The Florida Keys& Key West Tourist Development Council to monitor, analyze, and
predict tourism activity in the destination.
We have now successfully delivered Symphony to more than 130 of our national,state, and city
tourism partners.Any one of our clients would be happy to provide a reference.
Symphony is comprehensive by design, incorporating the widest range of data available,with
targeted analysis for destination strategy, marketing, sales, and advocacy. More than just aggregation
of data, Symphony integrates internal and external intelligence into a dynamic environment with
insightful analysis that highlights relevant implications and allows this information to be"amplified"to
selected audiences through various channels.
Symphony is unique in the marketplace with strengths that are well-tailored to meet the needs of The
Florida Keys& Key West Tourist Development Council. We are enthusiastic about this opportunity
and prepared to devote ourselves to the success of your destination.
If you have any questions, please don't hesitate to reach out to us.
Many Thanks,
Zeek Coleman
Vice President,Americas I Tourism Economics
ZColeman(_OxfordEconomics.com
(912)492-8755
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AN OXFORD FCONOMI 5 COMPANY
1 . COST & TERMS OF AGREEMENT
Access to the SYMPHONY platform will be billed annually for the duration of the agreement
(24-months). Implementation fee will be billed at project inception.
The development and update program includes twenty-four(24)consulting hours per year that
can be utilized for monthly calls, presentations, planning meetings, ad hoc analysis, or on-site
presence.Additional support will be available at a blended rate of$250/hr and must be pre-
approved by customer.
All raw data remains the property of the source organization and third-party licensing
agreements remain in place within SYMPHONY. Formulas, code, and calculations remain the
property of Tourism Economics.
Any data requiring purchase will be the responsibility of the client,who will grant Tourism
Economics access to all necessary programs and datasets for the duration of the agreement.
Executive Summary 777
Lodging PerformanceWeb Analytics
Economic indicators and outlook
Air Travel
Workforce Analysis
Social Media Performance
Visitor Behavior(mobile geolocation with POIs)
Traveler Sentiment
Predictive Analytics
Recovery Indicators
Visitor Intelligence
CRM(group sales,partnerships,memberships)
SYMPHONY $63,000
Executive Summaries with Commentary Included
Mobile location(main study geography+600 POIs) Included
One-time implementation fee* Waived*
Total Cost+One Time Cost $63,000
*Implementation waived with 2 year agreement
Optional upgrades and add-ons:
___Media&Website Impact Calculator(, ;+ $30,500 for up to 25 Million Impressions Overage CPM:$1.50)
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2. UNIQUENESS AND PROPRIETARY
NATURE
This section describes the unique, proprietary data sets and methodologies incorporated into the
Tourism Economics Symphony business intelligence platform for destination marketing organizations
(DMOs).
Tourism Economics, an Oxford Economics company, has a singular objective: to combine an
understanding of tourism dynamics with rigorous economics to answer the most important questions
facing destinations, developers, and strategic planners. Oxford Economics is one of the world's
leading providers of economic analysis,forecasts, and consulting advice. Founded in 1981 as a joint
venture with Oxford University's business college, Oxford Economics enjoys a reputation for high-
quality quantitative analysis and evidence-based advice.This is backed by its own staff of 400
professional economists, a dedicated data analysis team, global modeling tools, and a range of
partner institutions in Europe, the US, and the United Nations Project Link.
Tourism Economics and Oxford Economics do not allow other companies to resell their proprietary
data, making Symphony the only platform where this data can be accessed. This exclusivity,
combined with our extensive experience and unique capabilities, positions Symphony as an
irreplaceable resource for DMOs.
1. Key Features of the Symphony Platform
• Symphony brings together many divergent streams of information crucial to
DMOs into a single intelligence center. Its unique strengths are tailored to meet
the specific needs of our clients:
2. Proprietary Data Integration:
• Employment, economy(GDP, consumer spending, income), international
visitation, and spending data, including industry-standard forecasts.
• Data partnerships with MMGY, USTA,TravelClick, Longwoods International,
and OAG, integrated at no additional cost.
3. Comprehensive Data Sources:
• Public data from BLS(jobs), Census(seasonal homes, industry data), TSA
(airport passengers), and National Parks Service(visitor numbers).
• Dynamic analysis of STIR and AirDNA lodging data, unique in its ability to drill
into segments,submarkets, and competitive sets.
4. Advanced Analytics and Reporting:
• Monthly tourism spending analysis.
• Business intelligence reports integrated with CRMs(SimpleView, IDSS,
Salesforce).
• Visitor insights based on mobile device data, allowing for daily analysis of origin
demographics, destinations, and cross-visitation.
5. Stakeholder Engagement:
• Automated "amplification"of intelligence to stakeholders through scheduled
email notifications and website embeds.
6. Customizable and Accessible Platform:
• White-labeled with destination-specific branding and logo.
• Available on mobile and desktop,with downloadable reports in MS Excel, CSV,
PDF, image,and MS PowerPoint formats.
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7. Unmatched Support:
• 30+experienced analysts providing support and ensuring reliable delivery.
8. Comprehensive Reports:
Symphony Reports include but are not limited to:
• Executive Summary Recovery Indicators
• Lodging Performance Visitor Intelligence
• Web Analytics (mobile location data)
• Economic Indicators and Convention Group Sales
Outlook Intelligence
• Aviation (Air Travel) Media &Website
• Social Media Attribution w/Campaign
Performance Impact
• Visitor Behavior Travel Search&
• Traveler Sentiment Bookings
• Predictive Analytics Workforce Analysis
Detailed Data Integrations & Partnerships:
1. Proprietary Data:
• Employment forecast by state
• Economic forecast by state
• Workforce forecast and analysis at the occupational level
2. 3rd Party Partnerships:
• USTA, MMGY, air travel data, Conference Board vacation intentions, mobile
location data (Azira)
3. Publicly Available Data:
• Historic employment and wage data(BLS)
• TSA airport screenings
• National Park Service visitor numbers
• U.S. Census data
Conclusion
The unique combination of proprietary data, comprehensive analytics, and extensive support offered
by the Symphony platform cannot be replicated by any other provider.This distinctiveness justifies the
sole source procurement of the Symphony BI platform, bypassing the need for an RFP process.
Please don't hesitate to contact us if you have any additional questions or feedback.
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3. MEDIA AND WEBSITE IMPACT
CALCULATOR
Introduction
Tourism Economics is pleased to present this proposal to The Florida Keys& Key West Tourist
Development Council for integrating our Media&Website Impact Calculator platform. This
innovative tool combines media attribution with in-depth economic impact analysis, providing
unparalleled insights into how advertising impacts visitation and the broader economy.
1. Overview of Media & Website Impact Calculator
Media&Website Impact Calculator links media exposures from your ad campaigns with mobile
device data to analyze the impact of advertising on visitation patterns. By processing this data through
our proprietary econometric models,we determine the broader effects of travelers on destinations,
empowering marketers to optimize tactics and enhance advocacy efforts.
2. How It Works
• Media Exposure Tracking: We link mobile devices to media exposures from your ad
campaigns, capturing data on who has been exposed to your ads.
• Visitation Analysis: We monitor the travel behavior of these devices, comparing the
visitation rate of exposed visitors to a control group of unexposed visitors from the same
origins and with similar travel behaviors.
• Incremental Lift Calculation: By comparing these two groups,we calculate the incremental
lift in visitation attributable to your advertising efforts.
• Economic Impact Modeling: The visitation data is processed through our econometric
models to assess broader impacts, including spending, tax revenues, and workforce
implications.
3. Data Quality and Methodology
Azira Dataset and Data Quality
• Robust Data Source: The Azira dataset provides extensive coverage, offering visibility into
the travel behavior of over 1 billion monthly active users globally.
• Enhanced Data Quality: Recent improvements in Azira's operations, including leadership
restructuring, have focused on data quality and coverage, enhancing their offerings.
• Extensive Coverage: The volume and granularity of Azira's data allow us to perform more
nuanced analyses, including attribution from more countries than previously possible.
Attribution Methodology
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• Control Group Setup: We match unexposed devices to exposed ones based on similar
origins and travel behaviors. This ensures both groups are comparable, providing a robust
basis for accurately measuring incremental visitation lift.
• High Match Rate:A match rate over 50% increases the reliability and statistical significance
of our performance assessments, enabling us to report at both the country and campaign
levels with confidence.
• Visitation and Destination Analysis: We provide detailed insights into length of stay, travel
patterns within the destination, and other behavioral metrics, offering a comprehensive view
of how your advertising influences visitor behavior.
Data Cleaning and Quality Control Measures
Our methodology includes rigorous data cleaning and quality control measures:
• Visitor Criteria:
o Must be in the study geography for at least 4 hours to count as a visitor.
o Stays longer than 14 days are excluded from the analysis (this threshold is flexible
and can be adjusted to meet your needs).
o Visitors with more than four trips in a 30-day period are removed to ensure data
represents typical traveler behavior.
• Data Processing:
o We wait 30 days before reporting to ensure comprehensive data collection and
cleaning based on the above parameters.
o We compare the visitation rates of exposed and unexposed visitor devices to
measure influence,focusing on incremental visitation attributable to your advertising.
Proprietary Methodology
• Transparency and Clarity: While some aspects of our modeling are proprietary,we provide
high-level explanations of our formulas and methodologies to ensure transparency.
• Data Privacy Compliance: We adhere strictly to data protection regulations, aggregating
data to protect individual privacy. We can provide appropriate verbiage outlining our
compliance with privacy standards.
4. Econometric Model Development and Validation
Our econometric model supplements and enhances traditional survey-based models, providing a
more comprehensive analysis of advertising impact.
Model Development
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• Initial Development: The model was initially developed using inputs from multiple markets,
incorporating survey results and market performance data such as U.S. market share and
long-haul travel trends.
• Expansion: Over time, the model has been expanded and re-estimated to include additional
markets, enhancing its robustness and applicability.
• Adjustments Over Time: The model's coefficients have been adjusted over the years,
including during the pandemic and with the incorporation of new attribution data.
Validation and Accuracy
• Comparative Analysis: The model's accuracy is validated by comparing its predictions to
actual survey results and attribution data. Historically, the model has demonstrated a close fit
between predicted and actual incremental visitation.
• Model Fit: The model has consistently shown strong predictive capabilities,with differences
between predicted and actual results narrowing as more data becomes available.
Incorporation of Azira Data
• Enhanced Data Inputs: Integrating the Azira dataset allows us to expand attribution tracking
to more markets, reducing reliance on modeled estimations and increasing precision.
• Model Reassessment: We plan to conduct a full-scale recalibration of the model after
acquiring a full year of Azira-based analysis, updating model coefficients and improving
accuracy.
5. Addressing Lag Between Ad Exposure and Visitation
• Tracking Lag Effects: We acknowledge that there may be a lag between exposure to ads
and actual travel, potentially extending over several months.
• Ongoing Attribution Work: Our attribution analysis will continue to track visitors over
extended periods to capture these lagged effects, providing a more comprehensive view of
the campaign's impact.
• Rolling Basis Analysis: Using the Azira data,we can track visitor rates based on exposures
from both the current and previous periods, enhancing our understanding of the long-term
effects of advertising efforts.
6. Impressions and Market Coverage
• Flexible Market Inclusion: We can measure campaigns across all markets where data is
available, including both partner-led and paid media.
• Market Limitations: Beyond China,where tracking is limited due to regulatory constraints,
we have broad coverage in most markets. We can provide detailed market penetration
reports to assist in planning.
7. Reporting and Data Access
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• Symphony Platform Access: Reporting is delivered exclusively via the Symphony platform.
• Customized Reporting: Reports can be tailored to include the metrics most relevant to you,
ensuring insights are directly applicable to your goals.
• Data Integration: While raw data and proprietary calculations cannot be shared,we can
explore options for exporting results in a format compatible with your data warehouse.
8. Emphasizing Influence and Contribution:
While metrics like"lift'and "ROAS"are common,we focus on measuring the true influence and
contribution of your media efforts:
• Conservative Approach: Our methodology enhances the integrity of the analysis, ensuring
reliable and actionable insights.
• Impact Statements: For example, "Visitors exposed to your campaign were Xtimes more
likely to visit than those unexposed,"or"Your media led to a Y% increase in visitation."
Conclusion
Tourism Economics is committed to building a partnership with The Florida Keys& Key West Tourist
Development Council that not only enhances your current offerings but also addresses your specific
needs and concerns. By integrating Media&Website Impact Calculator and incorporating the Azira
dataset,we provide advanced insights that empower your marketing strategies and strengthen your
position in the market.
We are confident that the enhanced data quality, expanded market coverage, and the comprehensive
deliverables outlined will deliver significant value to The Florida Keys & Key West Tourist
Development Council and its stakeholders.
AGREEMENT
TERMS AND CONDITIONS FOR CONSULTING SERVICES
1. NO OTHER TERMS
1.1 The Conditions apply to the supply of the Consulting Services to the Customer(The Florida Keys&Key West Tourist
Development Council)and supersede any terms and conditions provided or referred to by the Customer,including any
of the Customer's standard terms provided with any purchase order,invoice or other documentation.
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AN 11XPOHD 1^(01901"K S C010PArq Y
2. DEFINITIONS
2.1 In this Agreement the following expressions have the meaning set opposite:
Background: information,techniques,know-how,software and materials(regardless of the form or medium in
which they are stored)that are used by TE(and whether owned or provided by TE or a third party)in creating the
Deliverables;
Intellectual Property: patents,trademarks,service marks,registered designs,copyrights,database rights,design
rights,confidential information,applications for any of the above,and any similar right recognised from time to time
in any jurisdiction,together with all rights of action in relation to the infringement of any of the above;
Know-how: unpatented technical information(including,without limitation,information relating to inventions,
discoveries,concepts,methodologies,models,consulting,development and testing procedures,the results of
experiments,tests and trials,manufacturing processes,techniques and specifications,quality control data,
analyses,reports and submissions)that is not in the public domain.
3. CONSULTING SERVICES
3.1. The Customer engages Tourism Economics (TE) to provide the Consulting Services to the Customer as from the
Commencement Date on the terms of this Agreement.
3.2. This Agreement relates to the supply of the Consulting Services. The supply of any other services, including any
variations to the Consulting Services,will be subject to a separate agreement to be negotiated between TE and the
Customer.
4. CHARGES
4.1. The Customer will pay the Charges and will reimburse TE on demand for all travel, subsistence or other expenses
incurred by TE's employees or consultants in connection with the provision of the Consulting Services and the supply
of the Deliverables including,without limitation,those expenses incurred in complying with the Customer's requests.
4.2. The Charges will be payable in accordance with paragraph B of the Schedule and where no timetable for payment is
specified,TE may invoice the Customer monthly in arrears for any Charges and expenses and the Customer will pay
each of TE's invoices within 30 days after the date of the invoice.
4.3. All sales,use,transfer,gross receipts,excise,value added,transaction or similar taxes on or imposed as a result of
the sale, use, or transfer of services or property, if any, under this Agreement or resulting in any way from this
Agreement are the sole obligation of the customer,and are in addition to the charges for or prices of the services and
property, if any, stated or provided under this Agreement. TE will invoice Customer for such taxes due where it is
required to do so, but whether or not TE invoices for such taxes,Customer nevertheless hereby agrees to reimburse
TE for any such taxes due that TE has to pay or remit to a taxing or government authority.
4.4. All amounts and fees stated or referred to in this Agreement are non-cancellable and non-refundable.
5. WARRANTIES
5.1 TE will provide the Consulting Services with reasonable skill and care.
5.2 Because of the uncertainty of future events and circumstances and because the contents are based on data and
information provided by third parties upon which TE has relied in good faith in producing the Deliverables,TE does not
warrant that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other
document will be accurate or achievable and TE will not be liable for the contents of any of the foregoing or for the
reliance by the Customer on any of the foregoing.
5.3 If the Customer makes or has anyone else make any modification to any of the Deliverables,TE will have no further
liability or responsibility in respect of that Deliverable,will be released from any obligation to provide any service in
respect of that Deliverable,and will be entitled to raise additional charges in return for any services which TE does so
provide.
6. PROPRIETARY RIGHTS IN THE DELIVERABLES AND CONFIDENTIALITY
6.1 Subject to Clauses 6.2 and 6.3,the Intellectual Property in the Deliverables shall be vested in the Customer.
6.2 This Agreement will not affect the ownership of any Intellectual Property in any Background. The Intellectual Property
in such Background will remain the property of TE (or its licensors) and the Customer will keep the Background
confidential.
6.3 The Customer agrees that it will include in the Deliverables an acknowledgement in a form acceptable to TE that the
Deliverables have been prepared by TE.
6.3.1 If resulting deliverables are to be Customer-branded, Customer agrees to clearly explain the role of TE
Economics in the deliverables(either in the methodology or acknowledgements section).Specific wording
would be approved by both Customer and Tourism Economics;suggested language:"Customer thanks
Tourism Economics for its assistance in developing the research and for carrying out the analysis."
6.3.2 All deliverables that mention data or analysis derived by Tourism Economics should be properly cited in
reports and graphic charts.
6.4 TE agrees to keep confidential and not to use except for the purpose of performing the Consulting Services, any
confidential information which it may receive from or on behalf of the Customer or any confidential information of the
Customer which may come into its possession in the course of performing the Consulting Services.
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7 DURATION AND TERMINATION
7.1 Despite anything else contained in this Agreement, each party may terminate this Agreement immediately on giving
notice in writing to the other party if:
7.1.1 the other party commits any breach of any term of this Agreement and in the case of a breach which is
not persistent and which is capable of being remedied,has failed,within 30 days after TE has requested
the Customer in writing,to remedy the breach;or
7.1.2 the other party has a receiver,administrative receiver or an administrator appointed over it or over any
part of its undertaking or assets,or it passes a resolution for winding-up(except for the purpose of a bona
fide scheme of solvent amalgamation or reconstruction),or if a court of competent jurisdiction makes an
order to that effect, or if it becomes subject to an administration order, or if it enters into any voluntary
arrangement with its creditors,or if any similar process to any of the above is begun in any jurisdiction,or
if it ceases or threatens to cease to carry on business.
7.2 Any termination or expiry of this Agreement(however it happens)will not affect any accrued rights or liabilities of either
party, nor will it affect the coming into force or the continuance in force of any provision of this Agreement which is
expressly,or by implication,intended to come into or to continue in force on or after termination.
7.3 Clauses 5,6,9 and 10.2 will survive the termination of this Agreement or the completion of the Consultancy Services
and continue indefinitely.
7.4 Project should commence within 30 days of fully executed agreement;delays longer than 30 days will be considered
extensive and are subject to scheduling changes and cost increases.
7.5 Project should be completed within one year from the fully executed agreement and/or the specified timeline within the
SOW, after which the scope of project will be considered complete unless agreed to in writing before the expiration
date of the SOW.
7.6 Each Term shall automatically renew for subsequent periods of the same length as the initial Term(24-months)unless
either party gives the other written notice of termination at least sixty(60)days prior to expiration of the then-current
Term.All(24-months)renewals will include an annual cost increase in alignment with the annual consumer price index
(up to 5%).
8 DELAYS
8.1 Despite anything else contained in this Agreement,TE will not be liable for any delay in performing or failure to perform
its obligations caused by circumstances beyond its control (including,without limitation, any act or omission on the
Customer's part or on the part of any third party,and any defect,error,fault or deficiency in any software not provided
by TE or in any equipment),and TE will be granted a reasonable extension of time for the performance of its obligations,
the reasonableness of that extension to be assessed not only in the context of the project in hand but also in the context
of TE's other commitments.
8.2 TE will endeavour to comply with any timetable or dates which TE has given to the Customer for the performance of
the Consultancy Services and the supply of the Deliverables,but these are estimates only,and TE will not be liable for
any delay or failure to supply or perform in accordance with that timetable or those dates.
9 LIABILITY
9.1 Nothing in this Agreement limits or excludes TE's liability for the death or injury of any person caused by TE's
negligence,or for any fraud.
9.2 Subject to Clause 9.1, TE will not be liable to the Customer for loss of profits, loss of savings, loss of use, loss of
business,loss of opportunity,lost or wasted management time or time of other employees,loss or spoiling of data,loss
of contracts,or for any indirect or consequential loss,whether arising from negligence,or breach of contract,or in any
other way,even if TE was advised of or knew of the likelihood of that loss or type of loss arising.
9.3 Subject to Clause 9.1,TE's liability to the Customer(whether in contract or tort,including but not limited to negligence,
or arising in any other way,and whether or not of a kind foreseeable by TE)will be limited to damages which will not
exceed,in aggregate,a sum equal to the Charges payable to TE by the Customer under this Agreement.
9.4 The Customer acknowledges that the above exclusions and limitations on TE's liability have been drawn to the
Customer's attention and that TE is willing to undertake greater liability provided TE is able to obtain insurance to cover
fully its potential liabilities to the Customer and the Customer pays for that insurance.
9.5 Under any relevant privacy legislation,eg GDPR,this acknowledges that Tourism Economics has permission to store
user data such as phone numbers, email addresses, as necessary to provide good and timely services. Tourism
Economics confirms that this data will not be shared with any third party without permission of the client.
10 TE'S STAFF
10.1 Although TE will endeavour to maintain the continuity of its personnel involved in providing the Consulting Services to
the Customer,TE reserves the right to determine which of its employees and consultants performs those services.
10.2 During the period when TE is providing the Consulting Services,or for six months afterwards,the Customer will not:(i)
solicit,or endeavour to entice away from,or discourage from being employed or engaged by TE,anyone who is or has
been involved in the provision of the Consulting Services or the Deliverables under this Agreement; or(2)employ,
engage or endeavour to employ or engage anyone who is employed or engaged by TE and is or has been involved in
providing the Consulting Services or the Deliverables under this Agreement.
11 GENERAL
11.1 Notices. Any notice to be given under this Agreement must be in writing and sent by pre-paid first class post or
international courier to the address of the relevant party set out on the front sheet of this Agreement.A notice sent in
accordance with this clause will be deemed to take effect on the second day after the day of posting.
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11.2 Headings. The headings in this Agreement are for ease of reference only and do not affect the interpretation of this
Agreement.
11.3 Assignment etc. No party may assign or otherwise transfer this Agreement or any of its rights or obligations under it,
whether in whole or in part.
11.4 Illegal/unenforceable provisions. If the whole or any part of any provision of this Agreement is void or unenforceable
in any jurisdiction, the other provisions of this Agreement, and the rest of the void or unenforceable provision, will
continue in force in that jurisdiction,and the validity and enforceability of that provision in any other jurisdiction will not
be affected.
11.5 Waiver of rights. If a party fails to enforce or delays in enforcing an obligation of any other party,or fails to exercise or
delays in exercising a right under this Agreement,the failure or delay will not affect their right to enforce that obligation
or constitute a waiver of that right.Any waiver by a party of any provision of this Agreement will not,unless expressly
stated to the contrary,constitute a waiver of that provision on a future occasion.
11.6 No agency etc. Nothing in this Agreement is intended to create, imply or evidence any partnership or joint venture
between the parties or the relationship between any of them of principal and agent. No party has any authority to make
any representation or commitment or incur any liability on behalf of any of the others.
11.7 Entire agreement. This Agreement constitutes the entire agreement between the parties relating to its subject-matter.
Each party acknowledges that it has not entered into this Agreement on the basis of or relied on any warranty,
representation, statement, agreement or undertaking except those expressly set out in this Agreement. Each party
waives any claim for breach of,or any right to rescind this Agreement in respect of,any representation which is not an
express provision of this Agreement. However,this clause does not exclude any liability which any party may have to
any other (or any right which any party may have to rescind this Agreement) in respect of any fraudulent
misrepresentation or fraudulent concealment prior to the execution of this Agreement.
11.8 Variations. No variation of this Agreement will be effective unless it is made in writing and signed by each party or its
authorised representative.
11.9 Third parties. No person who is not a party to this Agreement has any right to prevent the variation or cancellation of
any provision of this Agreement or its or termination,and no person who is not a party to this Agreement may enforce
any benefit conferred upon them by this Agreement,unless this Agreement expressly provides otherwise.
11.10 Governing law, etc. This Agreement will be governed by and construed in accordance with US law.
Pennsylvania courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of or in
connection with this Agreement,except that any party may bring proceedings for an injunction in any jurisdiction.
Approved
1�
Authorized Signature for Client Authorized Signature for TE
Adam Sacks, President,Tourism Economics
Printed Name and Title Printed Name and Title
October 17,2024
Date Date
MONROE COUNTY ATTORNEY
%P11R?1V};D AS TO FOR 41
CHRISTINE LIMBERTC BARROWS
ASSISTANT COUNTY ATTORNEY
DATE _1.1..A124....................
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WINE ECONOMICS
AN OXFORD ECONOMICS COMPANY
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Addendum
Monroe County Contract
Terms and Conditions
The Monroe County Board of County Commissioners (herein after"County'"or"Customer') and
Tourism Economics (herein after"Company") agree as set forth below.
The County and Company hereby enter into this addendum to Tourism Economics' TERMS &
CONDITIONS" ("Agreement') and agrees to the following:
The Agreement includes and incorporates the Proposal, Terms and Conditions and this Addendum.
If there are conflicting terms, the terms as set forth in the Addendum Monroe County Contract Terms &
Conditions will control. The Agreement is a Public Record under Chapter 119, Florida Statutes. The
parties agree to comply with Chapter 119, Florida Statutes.
Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida
Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the
Local Government Prompt Payment Act. Company shall submit to the County invoices with
Supporting documentation that are acceptable to the Monroe County Clerk of Court and
Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules, and regulations as may govern the Clerk's disbursal of funds.
The County s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
The County s indemnification is limited and subject to the sovereign immunity provisions of Sec.
768.28, Florida Statutes.
Maintenance of Records: Company shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. 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 for
public records purposes during the term of the Agreement and for five years following the termination
of this Agreement. If an auditor employed by the County or the determines that monies paid to
Company pursuant to this Agreement were spent for purposes not authorized by this Agreement,
Company shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running
from the date the monies were paid to Company.
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the Customer and Company
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agree that venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
Attorney's Fees and Costs: The Parties 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 shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-pre prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by
the circuit court of Monroe County.
Nondiscrimination: The Parties 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 discrimination
has occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII 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 ss.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 Act of 1975, as amended (42 USC ss. 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 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 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 alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 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.
Public Records Compliance. Company 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 Customer and Company in
conjunction with this contract and related to contract performance. The Customer shall have the right to
unilaterally cancel this contract upon violation of this provision by Company.Failure of Company to abide
by the terms of this provision shall be deemed a material breach of this contract and the Customer 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. Company is encouraged to consult with its
advisors about Florida Public Records Law in order to comply with this provision.
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Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Customer and Company in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
Non-Reliance by Non-Parties: 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 the County and the Contractor agree that neither
the Customer nor the Company or any agent, officer, or employee of either 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.
No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity,
and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
E-Verify System -In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security'; F-Verify system to verify the work
authorization status of all new employees hired by the Company during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's :GVerify system to verify the work
authorization status of all new employees hired by the subcontractor during the Agreement term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of
F.S. 448.095
COUNTY FORMS. By signing this Agreement, Company has sworn or affirmed to the following
requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace
Statement, Vendor Certification Regarding Scrutinized Companies List and Non-coercive conduct for
Labor, as set forth in more detail in this Agreement.
Public Entity Crime Statement
Company certifies and agrees that Company nor any Affiliate has been placed on the convicted
vendor list within the last 36 months.
In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide goods or services to a public entity; may not submit a bid 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 a 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.
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, proposal or reply on contracts to provide any goods or services to a
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public entity, may not submit a bid,proposal or reply on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids, proposals or replys on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
Company or subcontractor 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 of the Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
By signing this Agreement, Company represents that the execution of this Agreement will not violate the
Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from
Customer's competitive procurement activities.
In addition to the foregoing, Company further represents that there has been no determination, based on
an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes,
as a "public entity crime" and that it has not been formally charged with committing an act defined as a
"public entity crime"regardless of the amount of money involved or whether Company has been placed on
the convicted vendor list.
Company will promptly notify the Customer if it or any subcontractor is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list.
Ethics Clause
By signing this Agreement, Company warrants that he/it has not employed, retained or otherwise had act
on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach
or violation of this provision the Customer may, in its discretion, terminate this Agreement without
liability and may also,in its discretion, deduct from the Agreement or purchase price, or otherwise recover,
the full amount of any fee, commission,percentage,gift, or consideration paid to the former County officer
or employee.
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Company agrees and certifies compliance with the following:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract
for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created
pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Company,I hereby certify that the company identified above
is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and
for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List, or engaged in business
operations in Cuba or Syria.
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I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract
with the County may be terminated, at the option of the County,if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations
in Cuba or Syria.
Note: The List are available at the following Department of Management Services Site:
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Non-Collusion Affidavit
Company by signing this Agreement, according to law on my oath, and under penalty of perjury, depose
and say that the person signing on behalf of the firm of Company, the bidder making the Proposal for the
project described in the Scope of Work and that I executed the said proposal with full authority to do so;
the prices in this bid have been arrived at independently without collusion, consultation, communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted
in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt
has been made or will be made by the bidder to induce any other person, partnership or corporation to
submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this
affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of
the statements contained in this affidavit in awarding contracts for said project.
Affidavit Attesting to Noncoercive Conduct for Labor or Services
Company under penalty of perjury attests that Company does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without
lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are
pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied
toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited
and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported government
identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any
person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Grantee, I certify under penalties of perjury that Grantee does
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not use coercion for labor or services in accordance with Section 787.06. Additionally, Grantee has
reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Tourism Economics
Signature
Zeek Coleman
Name
Vice President, Americas
Title
10/18/2024
Date
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