Resolution 128-1985
Mayor Wilhelmina G. Harvey
RESOLUTION NO. 128-1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA APPROVING
AND AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BY AND BETWEEN THE MONROE
COUNTY TOURIST DEVELOPMENT COUNCIL AND KEYS
ADVERTISING & MARKETING, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That said Board hereby approves and authorizes execution of
a Professional Services Agreement by and between the Monroe
County Tourist Development Council and Keys Advertising & Market-
ing, 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 17th day of April, 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
(Seal)
Attest:
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AGREEMENT
THIS AGREEMENT is entered into this 17th day of April
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, the Monroe County Board of County Commissioners
authorized and directed the County Mayor/Board Chairman to enter
into this professional services agreement with the Corporation by
Monroe County Resolution No. 128-1985 , passed and adopted on
the 17th day of April, 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 Seven
Hundred and 00/100 dollars ($8,700.00) per month beginning on the
date of this contract and continuing until September 30, 1985, to
the Corporation for the following services as outlined and shown
in Appendix "A".
The monthly payment of Eight Thousand Seven Hundred and
00/100 dollars ($8~700.00) 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".
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4. TRAVEL REIMBURSEMENT: Reimbursement for travel shall
be provided by the Monroe County Tourist 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 notice to 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, Florida, all
as of the day and year first above written.
(Seal)
MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL ~
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a~rman
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Attest:
Secretary
(Seal)
KEYS ADVERTISING & MARKETING,
INC .^ \\ ~ ')
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Presi' t
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APPROVED AS TO FORM
A~vof,}(;AL SUF~IE~~ f '\
BY -L~~ _
(1 ""rn,?v's Officr
APPENDIX "A"
Services to be rendered by the Corporation to the TDC:
1. Opening and establishing a full-time TDC office.
2. Administration and supervision of a full-time TDC office.
3. Administration and supervision of developmental policies,
procedures and employees.
4. Representation of TDC in all phases of tourist development
matters.
5. Enforcement of Monroe County policies, rules and regulations
as they pertain to the operation of the TDC office.
6. Development 4nd administration of the TDC budget.
7. Coordination of the activities of contractual advertising
agencies.
8. Coordination of the activities of contractual agreements
with any other agencies.
9. Development of new opportunities to further enhance the
total visitor product.
10. Preparation and maintenance of complete TDC .records and
required reports.
11. To help establish a listing of each property in each of the
five districts responsible for collection of the 2% Resort
Tax.
12. To communicate any actions of the TDC 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
Manual.
14. To effectively establish a data base of materials for
reference by the various districts and the Department of
Commerce.
15. 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 TDC.
17. To provide services to monitor meetings of the County
Commission, District Advisory Committees and any other
meetings the TDC may deem necessary 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 TDC 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 TDC to act upon requests for advertising,
marketing, and public relations expenditures.
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.
APPENDIX "B"
Administrative Costs as outlined to the Tourist Development
Council:
Contract Amount: $8,700 monthly
To cover:
Administrative Services:
Trademail Fulfillment Services:
Administrative Costs:
Phones and all long distance calls
Dues & Memberships in Professional Associations
Off,ice Supplies
Computer Software
Postage - 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
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