Resolution 798-1989
-
Tourist Development Council
RESOLUTION NO. 798 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A TOURIST INFORMATION SERVICES
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE GREATER KEY WEST
CHAMBER OF COMMERCE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF"
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Tourist Information Services
Agreement between the Board of County Commissioners and the
Greater Key West Chamber of Commerce, a copy of same being
attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 13th day of
December
, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE Clerk
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AJIMOVEDAS TO FORM
AND LEGAL ~/pENCY.
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TOURIST INFORMATION SERVICES AGREEMENT
WHEREAS, the Board of County Commissioners of Monroe County
wishes to enter into a contract with the Greater Key West Chamber
of Commerce to provide tourist information services for the
Tourist Development Council;
WHEREAS, the Greater Key West Chamber of Commerce represents
it is capable and qualified to provide tourist information
services in addition to its operation as a Chamber of Commerce;
lffiEREAS, the Board of County Commissioners has determined
that the Chamber is a "sole source" vendor and, therefore, is not
subject to the bid requirements of Monroe County's procurement
regulations;
\VHEREAS, the "written quote per specifications" required by
the procurement regulations is set out in this contract.
This agreement made this 13th day of December
1989, by and between the Board of County Commissioners of Monroe
County ("Board") and the Greater Key West Chamber of Commerce
("Chamber").
In consideration of the mutual covenants the parties agree
as follows:
1. F~nding availability. This agreement shall be funded
exclusively from third cent tourist information service funds
allocated by district advisory committees. All obligations in
this contract shall be subject to the availability of funds
imposed under taxes imposed under Fla. Stat. 125.0104 and the
current year net revenues.
2. ~. The term of this agreement shall be November 29,
1989, to September 30, 1990.
3. Hours. The Chamber shall provide personnel to respond
to telephone requests during the hours of 9:00 a.m. to 5:00 p.m.,
Monday through Friday, Thanksgiving and Christmas holidays
excepted. A telephone answering machine or answering service
shall be provided at all other times.
4. Phone and mail requests. The Chamber shall respond to
all phone inquiries with generic information that is all inc1u-
sive and does not discriminate between Chamber and non-Chamber
members. In order to ensure that generic materials representa-
tive of the district are used, the Monroe County Tourist Develop-
ment Council, (hereinafter TDC), shall review for approval all
material for approval. All mail, under normal conditions, will
be sent bulk mail if travel is to be made in 21 days or more.
Hail to be received in less than 21 days will be sent first
class. TDC shall provide a postage machine and maintenance for
tourist information service mailings only.
5. Walk-in requests. Walk-in requests are specifically
outside the scope of this contract.
6. Payment amount. The total amount of this contract
shall not exceed eighty-five thousand seven hundred eighteen and
30/100 dollars ($85,718.30) which is the month pro rata portion
(ten months) of the annual budget submitted by the Chamber.
Payment shall be by unit pricing. See Exhibit A.
7. Expense reports. Expense reports with proper documen-
tation shall be submitted monthly to the TDC, which shall forward
them to the Clerk of the Court. Documented expense reports shall
contain copies of telephone bills, office supplies, postage
reports with attached receipts needed to fulfill actual respon-
sibilities. (See Exhibit A)
8. Financial Report. The Chamber shall submit to the
Clerk of the Court a financial report of tourist information
services costs in relation to Chamber activity through an annual
compiled financial report.
9. Cancellation. Either party may cancel this agreement
if sixty (60) days' prior written notice if given to the other
party.
10. Indemnification and Save Harmless. The Chamber hereby
agrees to indemnify and save harmless Monroe CJunty and the TDC
from any and all claims arising out of any activities in further-
ance of this contract which activities were not expressly direct-
ed, ratified or approved by the TDC.
11. Proprietary Rights and Public Inspection Records.
Total records, as defined in Fla. Stat. Chapter 119, prepared or .
2
obtained under this agreement, shall be the property of TDC
without restriction or limitations on their use; and shall be
made available, promptly upon request, to TDC. All records
prepared hereunder shall be subject to the provisions of Fla.
Stat. Chap. 119. Public information will be provided on a disc
on a monthly basis at cost to requesting party.
12. Venue - Arbitration. All actions brought under or
pursuant to the agreement shall be brought in a court of compe-
tent jurisdiction in Monroe County, Florida; provided, however,
that the parties may mutually agree in writing to arbitration of
any dispute on the condition that, at the time of the dispute,
both parties have agreed in writing to be bound by the determina-
tion of the arbitrator(s).
13. Severability. If any provision of this agreement shall
be held by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this agreement, or the applica-
tion of such provision other than those as to which it is invalid
or unenforceable, shall not be affected thereby; and each pro-
vision of this agreement shall be valid and enforceable to the
fullest extent permitted by law.
14. Compliance with Laws - Nondiscrimination. The Chamber
shall comply with all federal, state, and local laws and ordi-
nances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion,
sex, age, or national origin in the performance of work under
this agreement. This agreement shall be subject to all federal,
state, and local laws and ordinances.
15. Force Maj eure. The Chamber shall not be liable for
delay in performance or failure to perform, in whole or in part,
the services due to the occurrence of any contingency beyond its
control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of
war (whether an actual declaration thereof if made or not),
insurrection, sabotage, riot or civil commotion, act of public
enemy, epidemic, quarantine restriction, accident, fire, explo-
sion, storm, flood, drought or other act of God, act of any
3
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governmental authority, jurisdictional action, or insufficient
supply of fuel, electricity, or materials or supplies, or techni-
cal failure where the Chamber has exercised reasonable care
in the prevention thereof, and any such delay or failure shall
not constitute a breach of this agreement. Upon demand of TDC,
the Chamber must furnish evidence of the causes of such delay or
failure.
The Chamber shall thereafter resume its performance
hereunder as soon as such resumption is reasonably practicable.
16. Governins;t Law. This agreement shall be governed and
construed by and in accordance with the laws of the State of
Florida and constitutes the entire agreement between the Board
and the Chamber. No amendment to this agreement shall be effec-
tive or bind either the Board or the Chamber unless set forth in
writing and signed by all of the parties. No representation or
statement not expressly contained in this agreement shall be
binding upon the Chamber of the Board as a warranty or otherwise.
17. Standards of Conduct. The Chamber covenants and agrees
that it shall at all times comply with all applicable state and
local laws, rules, regulations and ordinances governing its
conduct as an independent contractor with a public agency, and
shall not knowingly allow the breach or violation thereof by any
of its officers, directors or employees in regard to work per-
formed under this agreement.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
GREATER KEY wEST
C~mER OF COMMERCE
(SEAL)
By
Attest:
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A/WtOVED AS TO FORM ~
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Monthly Charaes:
100 Square Feet at $.50 per Square Foot Storage and
Inventory Control (Minimum)............................. $
Line Charge............................................. ..
4 Weekly Report Mailings (One Copy Why Called Report)... ·
~onthly Re-Cap Report (One Copy Why Called Report)...... ·
TOTAL MONTHLY CHARGES................................... $
50.00
79.00
10.00
25.00
164.00
Monthly Minimums(All Charaes):*
All figures per month.
Peak Season (12/1-2/28) ................................ . 1000.00
(i.e.: $1000 X 3 months = $3000)
Shoulder Season (3/1- 7/30).............................. 750. 00
(i.e.: $ 750 X 5 months = $3750)
Off Season (8/1-11/30) .................................. 500.00
(i.e.: $ 500 X 4 months = $2000)
* These figures are applicable only if the total of all
services rendered monthly do not reach the seasonal minimums
indicated.
Call Ch~raes:
TAKEN DIRECTLY FROM USA 800, INC. CONTRACT
Take: Name, Address, City, State, ZIP, Ad Source, Arrival Date, and
Send out Direct Mail Piece*.
1 - UP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ·
INQUIRY (NO INFORMATION TAKEN)......................... $
REFER ADDRESS/PHONE.................................... ·
1. 81
. 8~,
.85
The Greater Key West Chamber of Commerce shall provide to the TDC a
monthly report of calls received indicating the name, address,
city, zip, ad source, arrival date and whether direct mail piece wa.
sent.
* All prices are based on assumption TPC suppli~s all mailing
supplies and postage.
EXHIBIT A