FY1991 09/12/1990ry
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
Danny 1. Ralbave
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
November 14, 1990
Mrs. Sandra Higgs
Monroe County Tourist Development Council
Post Office Box 866
Key West, FL 33041
Dear Mrs. Higgs:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
As you are aware, on September 12, 1990, the Board
of County Commissioners approved and authorized execution of
a Tourist Information Services Agreement with the Greater
Key West Chamber of Commerce.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
of these documents should be given to the Chamber; the other
is for your own files.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
c
Rosalie L.` Connolly ;•�
Deputy Clerk
Enclosures
cc: County Attorney
County Administrator
Finance Director
File
a
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;
WHEREAS, 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;
WHEREAS, the "written quote per specifications" required by
the procurement regulations is set out in this contract.
This agreement made this %Q day of& 1?4:m
1990, 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. Funding 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. o
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2. Term. The term of this agreement shall b® ,rQcfi.b-'Z: 1
1990, to September 30, 1991. o o
3. Hours. The Chamber shall provide personnPzactw re,
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to telephone requests during the hours of 9:00 a.m.,�o 5'00E-p.m.
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Monday through Friday, Thanksgiving and Christmas hoqidays
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 inclu-
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. All mail, under normal conditions, will be sent bulk
mail if travel is to be made in 21 days or more. Mail 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 $98,721.19 Payment shall be by unit pricing.
See Exhibit A.
7. Expenserepoorts. Expense reports with proper documen-
tation shall be submitted monthly to the TDC Administrative
Office, which shall forward them to the Clerk of the Court.
Documented expense reports shall contain copies of telephone
bills, fulfillment material, postage reports with attached
receipts needed to fulfill actual responsibilities. (See Exhibit
A) Activity reports will also be submitted with expense reports.
8. Financial Report. The Chamber shall submit through the
TDC Administrative Office 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,
ninety days following the close of the fiscal year.
9. Cancellation. Either party may cancel this agreement
if sixty (60) days' prior written notice is given to the other
party.
10. Indemnification and Save Harmless. The Chamber hereby
agrees to indemnify and save harmless Monroe County 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 Majeure. 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
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. Governing 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.
(SEAL)
A t t e s t :DANNY U S01aAGE, Clerk
er
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/unairman
GREATER KEY WEST
CHAMBER OF COMMERCE
4 Arrorn Qtfice
TOURIST
INFORMATION SERVICES BUDGET
SUMMARY
TEN MONTH
BUDGET DEC - SEPT
TWELVE MONTH '
APTION
BUDGET
DEC.
JAN.
FEB.
MAR.
APR.
MAY
JUN.
JUL.
AUG. SEP. TOTAL
REMAIN
PROJECTED
ACTUAL
BUDGET
BUDGET 91
MAIL FULFILLMENT
69018.35
3864.35
7198.37
7306.97
6329.57
4085.17
7162.17
6101.51
7511.50
49559.61
19458.74
78000.00
POSTAGE
9000.00
536.58
819.24
890.39
893.07
634.45
1193.15
1127.05
1205.56
7299.49
1700.51
12000.00
ENVELOPE PRINTING
1000.00
64.05
119.31
121.11
104.91
67.71
118.71
101.13
124.50
821.43
178.57
1400.00
POSTAGE METER
400.00
0.00
0.00
0.00
0.00
0.00
135.53
0.00
0.00
135.53
264.47
600.00
CALLS W/O MAIL
6300.00
524.45
634.10
904.40
929.90
597.55
613.70
260.10
423.30
4887.50
1412.50
7500.00
TOTAL
85718.35
4989,43
8771.02
9222.87
8257.45
5384.88
9223.26
7589.79
9264.86
0.00 0.00 62703.56
23014.79
99500,00, ',
SWORN STATIMMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES- ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
C�
1. This sworn statement Is submitted with Bid, Proposal or Contract No.
for Tourist Information Services
2• This sworn statement Is submitted by Greater Key West Chamber of Commerce
_ [name of entity submitting sworn statement]
whose business address IS 402 Wall St., Key West, FL 33040
and
(if applicable) its Federal Employer Identificktion Number (FEIN) is 59-0317595
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement•
3• My name P Rarrr��o
[please print name of lndlvidual slgNngJ and my relationship to the
entity named above Is President
4. I understand that a 'public entity crime" as defined in Paragraph 287.133(1)(g), Florlda Statute`.
means a violation of any state or. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
C , or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
S. I understand that "convicted" or "conviction" Is defined in Paragraph 287.133(1)(b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
Information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida St-nMtes means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the
entity and Who hast been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
In the management of an affiliate. The ownership by one person of shares constituting a co
interest in another person, or a pooling of equipment or income among persontrolling
ns when not for fair
market value under an arm's length agreement, shall be a prima fade case that one person controls
another person. A person who knowingly enters into a j
affiliate. oint venture with a person who has been
ng the p
convicted of a public entity crime in Florida during 36 months shall be considered an
7• , understand that a "person" as defined in Paragraph 287.133(1)(e), to da tatute . means
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter info a binding contract and which bids or applies to bid on contracts for the provision
Of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executivqs, partners,
shareholders. employees, members, and agents who are active in management of an entity.
8• Based on information and belief, the statement which I have marked �1 entity submitting this sworn statement. [Please Indicate which statement applies.) relation to the
V Neither
the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members; or agents who are active in management of the entity,
nor any affiliate of the t
subsequent to July 1, 1989. have been charged with and convicted of a public entity crime
The entity submitting this sworn statement, or -one or more of the officers, directors,
executives, partners, shareholders, employees, members, of agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AM [Please indicate which additional statement applies.]
__ There has been a proceeding concerning the conviction before a hearing- officer of
the State of Florida, Division of Administrative Hearings. 'The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the final order.]
_____ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach a copy of the final order.]
�_ The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending with the Department of General Services.]
[sl ature]
Date..
STATE OF
-Skld6L."
COUNTY OF " ,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who after first bean sworn b me affixed
[name of Individual signing] g Y his/her sipature
In the space provided above on this dqa day of 19�.
My commission expires:
Notary F
State of Florida at Large
My Commission Expires:
September 21, 1993
Fora PUR 7068 (Rev. 11/89)