HomeMy WebLinkAboutItem D20 D20
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
July 16, 2025
Agenda Item Number: D20
2023-4220
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Kelli Fountain/Ammie Machan
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Key Data Dashboard, Inc. for
vacation rental data.
ITEM BACKGROUND:
Following the discontinuation of Lighthouse due to data integrity concerns—stemming largely from its
reliance on scraped data—we evaluated two proposals for vacation rental data services: AirDNA and
Key Data Dashboard.
Although AirDNA offers a lower annual cost of$14,580, it also relies solely on scraped data from
Airbnb and VRBO. This method lacks transparency and can produce inaccuracies, as we experienced
with Lighthouse.
Key Data,priced at $25,000 annually, sources data directly from property management systems (PMS),
offering verified, real-time reservation data. Their platform provides deeper insights into feeder
markets, booking behaviors, cancellations, and owner stays—critical for accurate reporting and targeted
marketing. Key Data also includes customized submarkets, daily updates, and dedicated support to
ensure Monroe County receives tailored, actionable insights.
Recommendation: Approve Key Data Dashboard as the new vacation rental data vendor at
$25,000/year, to ensure data integrity, transparency, and actionable insights through direct-source
methodology.
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TDC approved at their meeting of June 17, 2025.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
New Agreement
GPJ 7/1/25 -per discussion with AM, Risk waiving insurance requirements due to low liability
exposure from the services provided by this contractor. TDC to submit insurance waiver forms, will be
uploaded to item.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Key Data Agreement and Addendum.pdf
FINANCIAL IMPACT:
115-75039
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Agreement
Lcgal Name Monroe County Board of County Commissioners
Address 1100 Simonton Street, Key West, FL 33040
Main Contact(name,title,email) Kelli Fountain, Director of Market Research, kelli@fla-keys.com
Billing Contact
Billing email or address
Tax ID Number
Initial Term 12 Months
Payment Terms The Annual License and Subscription Fee shall be charged to Customer
immediately upon execution of this Agreement. Access to the Key Data
Services and KD Data Set will be provided upon the processing of
payment hereunder.
All fees must be paid by electronic check or credit card,and Customer
hereby authorizes Key Data to automatically process the fees set forth
herein on a recurring basis, such authorization is to remain in full force
and effect until the termination of this Agreement. Payments will increase
by 7.5%on an annual basis. If Customer fails to pay any charges when
due,Key Data may charge interest at 1.5%per month on any outstanding
balance.
Destination Data Dashboard for Direct& OTA Data
• Frequency: Unlimited Dashboard Access July 16,2025 $25,000
• Scope: the markets identified on ExhibitA.
• Format: data delivery as identified on Exhibit B.
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MEE
Effective Date: The Order Form is effective upon the date of the signature of Key Data Dashboard below.
Data License and Service Agreement-This Order Form has been executed as of the Order Form Effective Date
above and is governed by the Key Data License and Service Agreement attached hereto as Exhibit C(the
"Agreement")and the Republication Rights and Restrictions attached hereto as Exhibit D,which sets forth the
terms and conditions pursuant to which Licensee will access and use the Key Data Services and data licensed
hereunder. In the event of a conflict between this Order Form and the Agreement,this Order Form shall take
precedence.Any acceptance of this Order Form is expressly conditioned on acceptance of the terms herein and
the Agreement.
Agreed and Accepted:
CUSTOMER KEY DATA DASHBOARD,INC.
By: By:
Name: Name: Katie Barnes
fitle: fitle: Destination Partner Success
Manager
Date: Date:
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EXHIBIT A
SCOPE OF MARKETS
Monroe County + Unlimited Submarkets (that meet benchmarking thresholds for Direct Data)
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EXHIBIT B
DATA DELIVERY FORMAT
Unlimited Data Dashboard Access
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EXHIBIT C
KEY DATA LICENSE AND SERVICE AGREEMENT
This Data License and Service Agreement(`Agreement")is entered into by and between Customer(as listed on the Order Form)
and Key Data Dashboard,Inc.,a Delaware corporation with a mailing address of
P.O. Box 1652 Santa Rosa Beach,FL 32459(`Key Data"). "You"and"Customer" shall mean the party listed on the Order Form
as Licensee. The person signing on behalf of Customer represents he or she has the authority to agree to this Agreement for
Customer. This Agreement is effective as of the date executed by Key Data as indicated on the signature page below(`Effective
Date"). The parties hereby agree and acknowledge:
1. Definitions.
"Authorized Internal Users" shall mean employees, officers, and directors of Customer or independent contractor accountants,
attorneys, marketing professionals,research professionals, or other professional consultants or advisors of Customer who have
been issued a User ID by Customer and have accepted the Terms&Conditions.
"KD Data Set" shall mean the information, data, and reports compiled, analyzed, calculated, organized, and published by Key
Data for a particular geographic area made available through the Key Data Services and licensed to Customer as defined on the
Order Form.
"Key Data Data" shall mean the information, data, and reports compiled, analyzed,calculated,organized, and published by Key
Data made available through the Key Data Services. Key Data Data specifically includes,but is not limited to,the KD Data Set.
"Key Data Services" shall mean the services and software provided by Key Data for business intelligence, analytics, and
benchmarking of key performance indicators and marketing data, including access to and use of Key Data's website
https://data.keydatadashboard.com/and any other linked pages, features, content, or application services or mobile applications
offered.
"Reporting Parties" shall mean lodging providers that provide raw reservation and guest data to Key Data for use in calculating,
aggregating,and compiling the Key Data Data provided as part of Key Data Services.
2. 'term. This Agreement begins on the Effective Date and shall continue for the initial term set forth in the Order Form
(`Initial'term"). Thereafter,this Agreement shall automatically renew upon the expiration of the Initial Term for successive
twelve(12)month terms('Renewal Terms" and,collectively with the Initial Term, "Term"),unless either party terminates the
Agreement by written notice at least ninety(90)days before expiration of the then-existing Term.
3. Privacy.Key Data respects the privacy of our customers'information and will follow the terms of our Privacy Policy, as the
same may be modified from time to time,as set forth at:https://pm.key.datadashboard.com/privacy
4. 'terms and Conditions to Use. The Key Data Services and Key Data Data are owned and operated by Key Data. The Key
Data Services and Key Data Data may only be used in accordance with the terms of this Agreement.
5. License. Key Data hereby grants to Customer, during the 'term of this Agreement, a revocable, non— exclusive, non-
transferable,non-sublicensable license to allow its Authorized Internal Users to use and access the KD Data Set identified on the
Order Form and the Key Data Services subject to and in accordance with the terms of this Agreement and our Terms &
Conditions. Key Data may revoke the license if Customer or any of its Authorized Internal Users is in breach of this Agreement
or the 'terms & Conditions. In addition to the foregoing license, Key Data hereby grants Customer a fully paid up, irrevocable,
non-exclusive, and royalty-free license to use, modify, publish, and include the `PM Master List' data in Customer's tools,
products, and services. Nothing in this Agreement shall be interpreted to give Customer or any of its Authorized Internal Users
any right to access or use any Key Data Data other than the KD Data Set identified on the Order Form for which Customer has
paid.
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6. Authorized Internal Users and Users IDs. Key Data will issue Customer unique administrative log-in credentials("Admin
ID")to gain and control access to the Key Data Services and Key Data Data by its Authorized Internal Users. Using its Admin
ID, Customer will issue a unique User ID for each Authorized Internal User it desires to have access to the Key Data Services
and Key Data Data after determining such user qualifies as an Authorized Internal User. Customer will: (a)not allow any non-
employee of Customer to use its Admin ID; (b)not allow any Authorized Internal User to use another's User ID; (c)protect the
confidentiality of the Admin ID and notify Key Data if the security or integrity of the Admin ID or any User ID has been
compromised; (d)remain responsible for all obligations under this Agreement arising in connection with its Authorized Internal
Users'use of the Key Data Service and Key Data Data-,and(e)be liable for any act or omission by any of its Authorized Internal
Users,which,if performed or omitted by Customer,would be a breach of this Agreement.
7. Limitations on Use of Key Data Data. Except as expressly permitted in writing by Key Data,the Key_Data Services
and Key Data Data may only be accessed, used, downloaded, manipulated, extracted, republished, or distributed for
Customer's internal business use by Authorized Internal Users. Customer's stakeholders, partners, and members, including
member lodging partners, are NOT considered Authorized Internal Users. Customer shall be liable for any breach of
thisAgreement or the 'terms & Conditions by its Authorized Internal Users. If Customer republishes any Key Data Data in any
form, internally or subject to an additional written agreement with Key Data, Key Data must be clearly and conspicuously
identified as the source of such data by means of the following notation: SOURCE: COPYRIGHT KEY DATA, LLC (year).
REPUBLICATION OR OTHER RE-USE OF THIS DATA WITHOUT THE EXPRESS WRITTEN PERMISSION OF KEY
DATA IS STRICTLY PROHIBITED. The notation shall appear immediately below or in conjunction with all graphs, charts or
tables derived from Key Data Data.Any other use,distribution,or republication of the Key Data Data is strictly prohibited.
8. Billing Information. Customer shall provide Key Data with accurate and complete billing information. Customer
acknowledges and agrees that any bank account,credit card,or related billing payment information provided to Key Data will be
used by our payment processors and/or credit agencies solely for the purpose of effecting payment to Key Data and servicing
your account. Key Data is not responsible for any additional charges or expenses (e.g.,for overdrawn accounts, exceeding credit
card limits,etc.)resulting from charges billed by Key Data.
9. 'termination. if Customer fails to make payments when due under this Agreement,Key Data may terminate this Agreement
twenty (20) days after payment was due with written notice to Customer. Key Data may terminate this Agreement immediately
with written notice to Customer if Customer or any Authorized Internal User violates the scope of or any restriction on the
license under this Agreement, the 'terms & Conditions, or Customer's obligations hereunder with respect to Confidential
Information. Customer may terminate this Agreement immediately if Key Data is in breach of any term of this Agreement and
fails to cure such breach after ten days'written notice from Customer.
10. Confidential Information. "Confidential Information"means: (i)information of or relating to Customer or Key Data,that
is competitively sensitive material not generally known to the public, including without limitation, information that relates to
past, present or future research and development, trade secrets, products and services, pricing, marketing, financial matters, or
business affairs, systems, networks, computer equipment and software proprietary to or licensed by a party, including without
limitation, object or source code, custom software modifications, software documentation and training aids, and all data, code,
techniques, algorithms,methods,logic, architecture, and designs embodied or incorporated therein; (ii)the Key Data Service and
Key Data Data-, and(iii)the terms and content of this Agreement,including without limitation,pricing. Confidential Information
shall not be disclosed to any third parties unless expressly permitted in this Agreement or by written consent of the non-
disclosing party. Neither party obtains title to or an ownership interest in the other party's Confidential Information. Confidential
Information shall be confidential,irrespective of whether it is expressly designated as confidential. Each party will use the same
means to protect Confidential Information as it uses to protect its own confidential information, but in any event no less than
reasonable means. Nothing stated in this Agreement will prevent either party from disclosing the other party's Confidential
Information which is: (i) already known by the recipient party without violating an obligation of confidentiality; (ii) publicly
known or becomes publicly known through no unauthorized act of the recipient party;(iii)received from a third party not subject
to an obligation of confidentiality; (iv)independently developed; (v)approved in writing by the other party for disclosure;or(vi)
required to be disclosed pursuant to a requirement of a governmental agency or law so long as the party being compelled to
disclose notifies the other party within a time period reasonable enough to allow the other Party an opportunity to object to the
disclosure. These confidentiality provisions set forth in this agreement shall survive termination of this Agreement.
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H. Warranties and Disclaimers. Customer acknowledges the Key Data Data is generated from information received from
Reporting Parties and/or via an API from their software providers. Key Data uses its best efforts to ensure the information
provided to Customer,including the aggregated data therein,is accurate and complete.However,Key Data does not have control
over and takes no responsibility for the accuracy and validity of the "raw" data provided by Reporting Parties. Customer also
acknowledges the Key Data Services may be temporarily unavailable from time to time due to required maintenance,
telecommunications interruptions, data hosting interruptions, or other disruptions. THE KEY DATA SERVICES AND KEY
DATA DATA ARE PROVIDED TO CUSTOMER "AS IS" WITHOUT ANY WARRANTY ALL WARRANTIES ARE
DISCLAIMED EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO
PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR RESULT, AND
NONINFRINGEMENT. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES
TO ACHIEVE CUSTOMER'S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE
SERVICES OR DATA. KEY DATA DOES NOT WARRANT THE SERVICES OR DATA WILL MEET CUSTOMER'S
REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR FREE
12. Limitations of Liability. 12. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL,INCIDENTAL,EXEMPLARY OR PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN
CONNECTION WITH ANY SERVICES OR DATA PROVIDED BY KEY DATA HEREUNDER,INCLUDING WITHOUT
LIMITATION,DAMAGES FOR LOSS OF BUSINESS PROFITS,BUSINESS INTERRUPTION,LOSS OF BUSINESS
INFORMATION,OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES
OR DATA. THE TOTAL LIABILITY,IF ANY, OF EITHER PARTY IN THE AGGREGATE OVER THE TERM OF THIS
AGREEMENT FOR ALL CLAIMS,CAUSES OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT,TORT
OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES AND
DAI'APROVIDED HEREUNDER, SHALL BE LIMITED TO THE LESSER OF: (A)DIRECT DAMAGES,ACTUALLY
INCURRED,OR(B)THE TOTAL FEES PAID BY CUSTOMER TO KEY DATA IN THE MOST RECENT TWELVE(12)
MONTH PERIOD.
13. Proprietary Software Restrictions. Customer agrees and acknowledges the Key Data Services and Key Data Data are
proprietary to Key Data. Key Data will remain the sole owner of all right,title, and interest in the Key Data Services and Key
Data Data. Except as specifically permitted herein Customer will not,in whole or in part, (a)copy the Key Data Services; (b)
modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the
Key Data Services except as otherwise permitted by law; (c)rent, loan, sub-license, lease, distribute or attempt to grant any
rights to the Key Data Services or Key Data Data to third parties; or(d)permit access to the Key Data Services or Key Data
Data to anyone other than Authorized Internal Users.
14. Governing Law,Forum Selection,Attorneys Fees, and Waiver of Jury'trial. This Agreement shall be governed by and shall
be construed in accordance with the laws of the State of Florida,without regard to the principles of conflicts of laws. The United
States District Court for the Northern District of Florida, Pensacola Division, and the County and Circuit Courts in and for
Walton County,Florida shall have exclusive jurisdiction and be the exclusive venue for any dispute arising out of this Agreement
or the course of conduct between the parties. The parties hereby submit to the personal jurisdiction of these Courts. If any legal
proceeding is commenced to interpret or enforce this Agreement, the prevailing party therein shall be entitled to an award of
reasonable attorneys'fees and costs,including the fees and costs expended in determining entitlement to and the amount of such
fees and costs. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY
WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE
OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE
PARTIES.
15. Miscellaneous.All notices in connection with this Agreement shall be in writing and deemed given when delivered to the
email addresses below, or the next business day after deposit for overnight delivery with a nationally recognized overnight
carrier, or three(3)business days after being sent by certified U.S. mail,postage prepaid,return receipt requested, and addressed
to the address below or such other address as such party last provided to the other by written notice. Each party shall be and act
as an independent contractor and not as partner,joint venturer, or agent of the other. This Agreement and the rights, obligations
and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors,
permitted assigns, and personal representatives.Neither party shall assign this Agreement in whole or part without
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the prior written consent of the other party. This Agreement (including the attached Order Form) contains the entire
understanding of the parties regarding the subject matter hereof and supersedes all other agreements and understandings,
whether oral or written. This Agreement may not be amended except in a writing signed by both parties, except that Key Data
may amend this Agreement by providing written notice to Customer, provided that if such amendment adversely affects
Customer under this Agreement, Customer may terminate this Agreement by providing written notice to Key Data within 15
days of the notice of such amendment.Any waiver by either party of any breach of this Agreement shall not constitute a waiver
of any other or subsequent breach. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be
deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance
(except for the payment of money) due to any cause beyond the reasonable control of and without fault or negligence by, such
party or its officers,directors,employees,agents or contractors.
16. Counterparts and Signatures. This Agreement may be signed in counterparts with the same effect as if the signatures were
upon a single instrument, and all such counterparts together shall be deemed an original of this Agreement. For purposes of this
Agreement,an electronic copy of a party's signature or an electronic signature of a party shall be sufficient to bind such party.
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EXHIBIT D
REPUBLICATION RIGHTS AND RESTRICTIONS
1. General Restrictions. Except as specifically permitted in this Order Form, the Key Data Services and Key_
Data Data may only be accessed, used, downloaded, manipulated, extracted, republished, or distributed for
Customer's internal business use by Authorized Internal Users. "Authorized Internal Users" are defined as
employees, officers, and directors of Customer or independent contractor accountants, attorneys, marketing
professionals, research professionals, or other professional consultants or advisors of Customer who have been
issued a User ID by Customer and have accepted the Terms & Conditions. Customer's stakeholders, partners, and
members, including member lodging partners, are NOT considered Authorized Internal Users.
2. Permitted Exceptions. During the Term of this Agreement, Customer is specifically authorized to republish the
Key Data Data on Customer's website and in emails and newsletters subject to the following restrictions:
a. Published data may include Occupancy,ADR, and RevPar reported by month for the historical 12 months;
b. Customer shall update the data each month; old data shall be replaced with new figures for the previously
reported twelve months. For example, published data showing performance for the months of October '17 to
October`18, would be replaced with data showing same figures for the months of November'17 to November'18;
c. Customer shall NOT archive the old data or otherwise make it available to the public once it has been removed
from the website; and
d. All forecasts or projections that include or are derived from Key Data Data shall be clearly and conspicuously
identified as forecasts or projections of Customer, and not Key Data.
3. Acknowledgment and Restriction on Downstream Use.
a. Prior to using any Key Data Data in its publications, advertising, or marketing efforts as authorized herein,
Customer agrees to provide Key Data with a copy of the proposed publication for approval by Key Data. Copies of
all publications, whether they be electronic or hard copy, containing Key Data Data must be emailed to
info@ke�datadashboard.com. Key Data and Customer further agree that Key Data has the right to amend or
change he publication to the extent Key Data believes it is reasonably necessary to comply wifh the terms and
conditions hereof.
b. If Customer republishes any Key Data Data in any form, Key Data must be clearly and conspicuously identified
as the source of such data by means of the following notation: SOURCE: COPYRIGHT KEY DATA, LLC (year .
REPUBLICATION OR OTHER RE-USE OF THIS DATA WITHOUT THE EXPRESS WRITTEN PERMISSION OF
KEY DATA IS STRICTLY PROHIBITED. The notation shall appear immediately below or in conjunction with all
graphs, charts or tables derived from Key Data Data.
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Addendum
Monroe County
Terms and Conditions
The Monroe County Board of County Commissioners(herein after County or Customer)and Key Data Dashboard,Inc.(herein after
Company)agree as set forth below.
The County and Company hereby enter into this addendumto the License and Service Agreement(Agreement).and agrees to the following:
The Agreement includes and incorporates the License and Service Agreement and this Addendum.To the extent that any terms conflict,the
language as set forth in this Addendum shall supersede any other terms and shall be binding.
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.Paymentsdue and unpaid
under the Agreement shallbear interest pursuantto 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.
This Agreement shall not exceed$100,000.00.Any automatic renewal is subject to this not to exceed amount of$100,000.00
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,Companyshall repay the monies togetherwith 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
agree that venue shall lie in the appropriate court or beforethe 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: I)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 Vlll 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.
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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 1 of the Constitution of Florida. The County and Company 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.
Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participationof 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 entitledto 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 Company 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 S-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 Ho -Verify system to verify the work authorization status of all newemployees 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 Affidavit Attesting'lb Noncoercive Conduct For Labor Or Services 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 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.
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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.
1 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. 1 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 1 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 is required to provide an affidavit under penalty of perjury attesting 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
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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 COMPANY,I certify under penalties of perjury that COMPANY does not use coercion for
labor or services in accordance with Section 787.06.Additionally,COMPANY has reviewed Section 787.06,Florida Statutes,and agrees to
abide by same.
Key Data Dashboard,Inc.
Signature
Title
Date
*** END OF DOCUMENT***
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