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02/21/1996CONTRACT THIS AGREEMENT, entered into this day of February, 1996, by and between Property Review Program (PRP) and the Board of County Commissioners of Monroe County, Florida (County). WHEREAS, Nova Southeastern University/Center for Hospitality ' anagement (NSU/CHM) and County entered into an Agreement on August 17, 1994-LIo condu�j a _^ lodging inspection program in Monroe County; and ? z rr WHEREAS, PRP has taken over the property review program previously_conduct by NSU/CHM; and - -- s WHEREAS, NSU/CHM has given notice of terminating the lodging insp-dction pram under its auspices (Exhibit A attached hereto and incorporated herein); NOW THEREMPRE v� IN CONSIDERATION OF THE PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section 1. PRP shall inspect properties desiring to participate in the inspection program until such time as this Agreement is terminated by either party. Property inspections are unannounced. Under no circumstances shall the visits be "scheduled" in advance, since the visits are by definition a "surprise." Section 2. The County shall be licensed to utilize the program in its marketing activities. Section 3. The Program, including the use of inspection criteria and property review forms, as well as the terms "Property Review Program" and "Superior Small Lodging" may not be duplicated without written permission of PRP. Section 4. The Tourist Development Council (TDC) and its advertising agency shall act as the County's agents in carrying out any activities under this Agreement. The only payment required by County in connection with the program was the licensing fee of $2,500.00, paid under prior contract, to enable the County to use the program for its marketing activities. Section 5. PRP shall furnish to TDC completed review forms no later than two weeks after the last inspection during the calendar year. These reviews shall be submitted to an executive committee of the TDC for review and transmittal to respective property operators. A copy of each review shall be retained in the TDC administrative office. All properties shall be notified of the results of the reviews within thirty to forty-five days after the TDC has received from PRP the completed review forms. Properties having less than fifty rooms and which score in excess of eighty percent overall are awarded Superior Small Lodging designation and the TDC shall provide a decal to the property along with the review form. The TDC shall design and provide the decal or equivalent sign. Any signage, other than the decal or sign provided by TDC under the foregoing sentence, which a participating property desires to use as an individual marketing effort shall be a cost of the individual property and not covered by this Agreement. A similar Superior Lodging designation shall be developed by TDC for properties of fifty rooms or more. Section 6. Properties which do not pass a current review will have the designation removed. TDC shall cause the decal or signage to be removed from the property and for any advertising funded by TDC to reflect the deletion of the Superior Lodging indicia. All properties paying tourist development tax are eligible to apply for the program. The fee schedule follows. A) SSL Property (under 50 rooms) $ 55 B) (1) Over 50 (No F and B*) $110 (2) Over 50 (F and B*) $275 C) RV / Campground $ 55 D) Bed and Breakfast (Meals not Rated) $ 55 E) Guest Houses $ 55 Participating properties shall make their checks payable to PRP, and the above fees include the costs of the property reviewer for mileage, meals and overnight charges where rooms are not able to be "comped." *F and B = Food and Beverage Section 7. PRP shall hold harmless and indemnify County from any and all claims for bodily injury (including death), personal injury and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by PRP or any of its subcontractors occasioned by the negligence, errors, or igful act or omission of PRP or its subcontractor, their employees or agents. DANNY L. KOLHAGE, CLERK Deputy Clerk ATTEST: By: �, ��., �:�-.�_ r AN PROVED AS TO FOR AL SUFFICIE y y Z NNE A. HU N ATE 9(� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/ airman Pro r!�Wew Prog ar m1 y: Donal A. Dermody, President