5. 10/01/2016-09/30/2019 1st AmendmentAMENDMENT Ost AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated th 11 day of K AW 2016, is entered into by
and between the Board of County Commissioners for Monroe County, a political subdivision of
the state of Florida (County), on behalf of the Tourist Development Council, and the Lower
Keys Chamber of Commerce, Inc. a Florida non - profit corporation "Provider ".
WHEREAS, there was an agreement entered into on April 20, 2016 between the parties,
for Provider to provide Visitor Information Services ( "VIS ") to answer potential visitor inquiries
and to promote tourism; and
WHEREAS, due to the elimination of the "Live Chat" feature on the website it has
become necessary to amend the Scope of Services
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph 2 of the agreement shall be revised to read as follows:
SCOPE OF SERVICES: The Provider shall, pursuant to this Agreement, provide Visitor
Information Services as described herein:
a. The Provider shall respond to all telephone inquiries from generic and district toll free
number(s), and from the Chamber's (305) line(s) with information about the Florida Keys
and any specified district destination within the Keys.
b. The Provider shall retrieve and record all information from callers or e-mail inquiries
resulting in mail fulfillment required by the VIS software program provided by the County,
which includes the name, address and zip code of the caller. The Provider shall request
that all callers complete the TDC Visitor Inquiry Survey. Provider shall verbally survey
consenting callers on a list of questions provided by the TDC, and shall record the visitor
responses in the VIS software, according to Exhibit A attached hereto. The TDC may
request that Provider refer e-mail inquiries to a web survey in its return correspondence
via web link provided by the TDC.
c. Provider shall respond to all e-mail (Internet) inquiries for fulfillment requests and interact
with potential visitors requests for destination information.
d. Provider shall give the TDC official website address www.fla- keys.com as the first
response for destination web site information, and shall introduce the official TDC
website to all caller and e-mail inquiries as a source for further information on the
destination. This provision shall not preclude Provider from introducing its own web site
as a secondary source of information.
e. Provider shall respond to all telephone and Internet inquiries for the benefit of Monroe
County as a whole and not for the benefit of Provider or its members. Provider shall not
discriminate between chamber and non - chamber members in its responses where
generic /district materials are provided by the TDC to Provider.
Amendment #I
Lower Keys Chamber of Commerce —VIS FY 2017
Contract #: 1674
f. Provider may make referrals to lodging accommodations; however, it shall do so in a
manner that provides fair and equitable distribution of referrals to all entities in Provider's
district, matching the inquirer's criteria, which collect and remit to the County the tourist
development tax, with no preferential treatment for any entity having a business
relationship with the Provider. Further, such referral service system shall require the
referral service Provider, shall have and maintain the following:
(i) a binding agreement to hold harmless and indemnify the County from any
claims of liability, loses and causes of action which may arise out of or as a
result of the referrals;
(ii) general liability insurance with a minimum of $1 million coverage which
includes Monroe County as a named insured; and
g. All visitor - related collateral requests shall be entered into the TDC VIS system on a daily
basis by Provider to be accessed by the TDC. Provider may produce collateral material
for its district and provide mail fulfillment of said material internally or by subcontract.
This provision shall not preclude the Provider from downloading visitor data entered by
Provider into the TDC VIS system to create or maintain visitor mailing lists.
h. Provider is prohibited from distributing visitor name and address information recorded
from visitor collateral requests to third parties without the express verbal or written
consent of the visitors. Provider shall at all times comply with the Telecommunications
Act, relevant Postal Regulations or other regulations regarding third party mail
distribution. The TDC VIS software program will provide a recording mechanism which
Provider may use to designate visitors who have affirmatively indicated a desire to
receive collateral material from a third party. The Provider shall have and maintain a
binding agreement to hold harmless and indemnify the County from any claims of
liability, identity theft, bodily harm, loss of life, invasion of privacy, theft identity, and all
other losses and causes of action which may arise out of or as a result of the distribution
of visitor information by the Provider to a third party.
The provider shall provide live telephone and Internet service, the minimum of which
shall be as follows: 9:00 a.m. to 5:00 p.m. Monday through Friday, 9:00 a.m. to 3:00 p.m.
on Saturday, closed Sunday. The Provider may be closed on Thanksgiving, Christmas
Eve, Christmas Day, New Year's Day, Memorial Day, Easter Sunday, Fourth of July and
Labor Day. Sub - contracted live operator(s), voicemail, answering machine or similar
procedures will be provided to capture required information during off hour operation.
The Provider shall provide Visitor Information Services to visitors walking into the facility
during the regular working hours of 9:00 a.m. to 5:00 p.m. Monday through Friday, 9:00
a.m. to 3:00 p.m. on Saturday, closed Sunday. The Provider will be closed on
Thanksgiving, Christmas Eve, Christmas Day, New Year's Day, Memorial Day, Easter
Sunday, Fourth of July and Labor Day.
k. Provider may cease fulfillment of service minimum as outlined in items k and I in this
agreement following an official ordered evacuation of Monroe County residents in its
district without penalty or loss of compensation by the County. Further, in the event of a
tropical storm warning or hurricane warning to Monroe County, Provider may at its
Amendment #I
Lower Keys Chamber of Commerce —VIS FY 2017
Contract #: 1674
discretion adjust its hours of operation to ensure the safety of its staff and facility without
penalty or loss of compensation by the County. In the event of closure due to weather
events as outlined above, Provider shall not be required to resume contractual service
minimum until such a time as:
i. tropical storm and /or hurricane warnings for its district have been lifted
ii. resident evacuation orders for its district have been lifted
iii. Provider has determined its facility has adequate resources (such as power) and
is by its determination sufficiently safe to resume its operations.
Providers who are able to remain operational when weather events force closure of other
providers shall upon request service calls re- routed by the TDC.
The Provider shall provide fast Internet access to the TDC web site TDC VIS software
and Chat Live web applications for all staff members fulfilling Visitor Information Service
program requirements as outlined in this agreement. The Provider shall be responsible
for the provision and proper maintenance of computer equipment and Internet
connections utilized by the staff members to access the Internet in fulfillment of Visitor
Information Services requirements. The TDC shall be responsible for the provision and
proper maintenance of the VIS software.
m. The Visitor Information Service program is subject to review and periodic change by the
Monroe County Tourist Development Council. Any significant change resulting in
additional costs and /or time in the scope of services, requires the written and signed
consent of both parties as an amendment to this Agreement.
n. The toll -free number telephone lines for which the tourist development tax pays, shall be
used only for tourism - related business purposes, including fulfillment of Call Me
requests.
o. County shall provide the toll -free number phone lines and routing services to handle the
service required by this Agreement.
p. County shall provide a link and e-mail forwarding from the TDC website directly to the
Provider's website.
q. Provider shall distribute to all Chambers of Commerce in Monroe County, and to the
TDC, at a mutually agreed upon time and frequency, a list of the most frequently asked
questions by visitors about its district, and the recommended tourism operator
responses. The TDC may also furnish to the Provider a list of visitors' frequent generic
destination questions and the recommended tourism operator responses. (See EXHIBIT
B) Provider shall disseminate the information to staff for training purposes.
2. This amendment is retroactivity effective to October 1, 2016
3. The remaining provisions of the contract dated April 20, 2016 remain in full force and
effect.
Amendment #1
Lower Keys Chamber of Commerce —VIS FY 2017
Contract #: 1674
WHEREOF. the parties have set their hands and seal on the day and year *d
js X- Board of County Commissioners
KIM Clerk of Monroe County
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Lower Keys tuber of Commerce, Inc. y' jr
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AND TWO WITNESSES
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Caoftd M. 1674
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, a l co R ° ® CERTIFICATE OF LIABILITY INSURANCE D 1 0 /24ID2016)
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Paula Isaksen
Isaksen Insurance, Inc PHONE (305)872 (305)872 F
N Ex t1: A/C No):
30346 Overseas Highway E - MAIL
ADDRESS: paula@IsaksenInsurance.com
P.O. BOX 430534 INSURERS AFFORDING COVERAGE NAIC #
Big Pine Rey FL 33043 INSURER A Mount Vernon Fire Insurance Compan
INSURED
Lower Keys Chamber Of Commerce
INSURER C
P. 0. BOX 430511 INSURER D:
INSURER E:
Big Pine Key FL 33043 INSURER F:
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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TYpE OF INSURANCE
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SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
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COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
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$
DAMAGE TO RENTED
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MED EXP (Any one person)
$ 5,000
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10/6/2016
10/6/2017
PERSONAL & ADV INJURY
$ 1,000,000
AGGREGATE LIMIT APPLIES PER:
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$ 2,000,000
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E.L. DISEASE - POLIEY LIMIT
$ W ,
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
This certificate holder is also an additional insured on policy:
Monroe County Board of County Commissioners
1100 Simonton St, Key West, FL 33040 4DA D �A�MENT
N/A ES� c �' (e
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CFRTIFICATF 14111 111FR r`Aklr Cl 1 ATIAki
(305)292 -4487 Lewinski - Monique @monroecou
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County BOCC
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monique Lewinski
ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St
AUTHORIZED REPRESENTATIVE
Key West, FL 33040
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John Isaksen /PISAK �—
U 1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD /
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