Loading...
Resolution 226-1986 Sandy Higgs, Administrative Director Tourist Development Council RESOLUTION NO. 226 -1986 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROV- ING AN ADDENDUM TO AGREEMENT BY AND BETWEEN MONROE COUNTY TOURIST DEVELOPMENT COUNCIL AND KEYS ADVERTISING & MARKETING, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves an Addendum to Agreement by and between Monroe County Tourist Development Council and Keys Advertising & Marketing, Inc., a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 25th day of July, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA -. . ~ By \.U'"~;:~;c~irman~ (Seal) Attest: DANNY L. KOLHAGE, Clerk J2..~. " .. (L 'er h'~' ilL BY " w ADDENDUM TO AGREEMENT This Addendum to Agreement is entered into this 25th July A.D. 1986, by and between MONROE day of COUNTY TOURIST DEVELOPMENT COUNCIL, Hereinafter referred to as the "TDC", and KEYS ADVERTISING & MARKETING, INC., a Florida corpo- ration, hereinafter referred to as "Corporation." WIT N E SSE T H: WHEREAS, the Monroe County Board of County Commissioners authorized and directed the Mayor/Chairman of the Board of County Commissioners to enter into this addendum to the professional services agreement with the Corporation of November 15, 1985 by motion of the Monroe County Board of County Commissioners on the 6th day of June, 1986, NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. Paragraph 2 of the agreement entered into between the parties on November 15, 1985 (copy attached hereto) is amended by the addition of the following paragraph: "Services, not specifically included in Appendix A hereto, which services are requested and approved by TDC in furtherance of its powers, shall be compensated upon final approval by the Board of County Commission- ers of Monroe County as recommended by the Tourist Development Council." 2. Appendix A of the Agreement entered into between the parties on November 15, 1985 is amended by the addition of the following paragraph: "21. The above services do not include representation (coordination) of TDC's participation in trade shows or like events." IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names and seals impressed herein, by their proper officials, in Monroe County, Florida, all as of the day and year first above written. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL By CHAIRMAN (SEAL) Attest: SECRETARY KEYS ADVERTISING & MARKETING, INC. By --.D \)S\ &, ().. ~ \ ~) PRE IDE (SEAL) Attest: '-1(~711#'~ SECRETARY I A~PR VED AS TO FORM AN. GAL SUFFICIE!!E!i). Yo ~~ Q. ./^r:t.V / 8V AttNn6(s aNi.. d (, 2 AGREEMENT 1:71:) day of /~/embe,., . , THIS AGREEMENT is entered into this 1985, by and between Monroe County Tourist ,Development Council, hereinafter referred to as the "TDC", and Keys Advertising & Marketing, Inc., a Florida corporation, hereinafter referred to as "Corporation". .' . WITNESSETH: WHEREAS I the Monroe County Board of County Commissioners authorized and directed the County Mayor/Board Chai~man to enter into this professional services agreement with the Corporation by Monroe County Resolution No. ,~//-/9 If 6-, passed and adop ted on / the J,~iJ, day of (1I()l'/2.>>ber-, 1985, NOW, THEREFORE, for' and in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. TERM: The term of this Agreement is for a period of thirty-six (36) months commencing April 17, 1985, and terminating April 16, 1988. 2. CONTRACT AMOUNT: TDC shall pay Eight Thousand One Hundred and 00/100 dollars ($8,100.00) per month beginning on the date of this contract and continuing until September 30, 1986, to the Corporation for the following services as outlined and shown in Appendix "A". The monthly payment of Eight Thousand One Hundred and 00/100 dollars ($8,100.00) shall be payable on the first day of each , month~ The aforementioned fee shall be adjusted on an annual basis to reflect an increase or decrease in administrative costs. This increase or decrease shall begin on the first day of each fiscal year, October 1, and on October 1, in each additional year of this agreement. This contract amount shall cover all administrative services and costs. Any additional requests not agreed to in the terms of the contract shall be approved by the Tourist Development Council with final approval to come from the Monroe County Commission. 3. COSTS: All costs are reflected in Appendix "B". .- 4. 1..... ~L REIMBURSEMENT: Reimbursement fOl ...... <.1ve 1 sha 11 be provided by the Monroe County fourist Development Council at the rates established by Florida State Statutes and County Administrative Orders. 5. TERMINATION; RENEWAL: Either party shall have the right to cancel this contract at its sole discretion with ,or without cause upon sixty (60) days prior written noti~eto the ;' other party after an initial six (6) month period. 6. APPLICABLE LAW; VENUE: This Agreement shall be gov- erned by and construed according to the laws of the State of Florida and all actions brought under or pursuant to this Agree- ment shall be brought in a court of competent jurisdiction in Monroe County, Florida; provided, however, that the parties may mutually agree in writing to arbitration of any dispute unless at the time of the dispute both parties agree in writing to be bound by the determination of the arbitrator(s). 7. 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, of 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names and seals impressed herein, by their proper officials, in Monroe County, ~lorida, all as of the day and year first above written. (Seal) Atte:tiZ ' -;(, " /11-1 t..c ' 7 hl/nY)(}I-~ .~ Secretary NONROE COUNTY TOURIST ~~~AC~L ~~. M ' " Chairman - ~ :; KEYS ADVERTISING & MARKETING, INC .'\ .' \ '\' \ By ',(:'.\1<\,)(\. '\CV"",'L-' President' (~eal) At~ d . '/1/\{; . TJZ/J7)l~;------ Secretary I 2 APPRO ED AS 70 FORM A ; D LE AL ~UFFlCIENCyJ ! m,~~~,kJ,'-1 \ Attornoy's Office ':....:7 h APPENDIX "A" Services to be rendered by the Corporation to the TOC: Opening and establishing a"full-time TOC office. Administration and supervision of a full-time TDC office. 1. 2. 3. 4. .. . 5. 6. 7. 8. 9. 10. 11. Administration and supervision of developmental policies, procedures and .employees. Representation of TDC in all phases of tourist development matters. Enforcement of Monroe County policies, rules and regulations as they pertain to the operation of the TDC office. Development and administration of the TDC budget. Coordination of the activities of contractual advertising agencies. Coordination of the activities of contractual agreements with any other agencies. Development of new opportunities to further enhance the total visitor product. Preparation and maintenance of complete TDC records and required reports. To help establish a listing of each property in each of the five districts responsible for collection of the 27. Resort Tax. 12. To communicate any actions of the TOC as they relate to the five districts, and to coordinate the activities of same. 13. To assist in the establishment of a Policy and Procedure Manua 1 . 14. To effectively establish a data base of materials for reference by the various districts and the Department of Commerce. IS. To prepare an annual TDC budget as reflected by anticipated funds with input from the five districts as to individual district needs. 16. To provide adequate secretarial services, mailing services, as well as planning services as needed by the TOC. 17. To provide services to monitor meetings of the County Commission, District Advisory Committees and any other meetings the TDC may deem nece~sary for the proper functioning of the TDC. 18. To submit monthly progress reports to the Council and in general, keep the Council informed and up to date with~the happenings of tourism in and out of the County. 19. To provide the very important financial information necessary for the TDC in order for the TOC to act upon requests in'a financially sound manner as it relates to cultural requests. 20. To provide the very important financial information necessary for the TOC to act upon requests for advertising, marketing, and public relations expenditures. 3 , . . . APPENDIX "B" Administrative Costs as outlined to the Tourist Development Council: Contract Amount: $8,100 monthly To cover: ." . Administrative Services: Administrative Costs: Phones and all long distance calls Dues & Memberships in Professional Associations (Direct TDC expense) Office Supplies Computer Software (specifically for TDC; shall be , TDC expense) Portage - mailing of minutes & other ' correspondence to council members, advisory committees and Chambers All equipment necessary to perform administrative duties. Past Costs Show: Secretarial Services (coverage of meetings) Postage Costs (mailing of minutes, etc.) Volunteer Services Provided: Fair Market Value Estimate $ 5,000.00 $ 1,400.00 $25,000.00 " 4