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5. 10/01/2016 to 09/30/2019 1st AmendmentAMENDMENT 0st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the CV day of 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 Islamorada 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 Amendment #I Islamorada Chamber of Commerce —VIS FY 2017 Contract #: 1676 discriminate between chamber and non - chamber members in its responses where generic /district materials are provided by the TDC to Provider. 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, 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 4:00 p.m. on Saturday, 9:00 a.m. to 3:00 p.m. on Sunday. The Provider may be closed on Thanksgiving, 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 4:00 p.m. on Saturday, 9:00 a.m. to 3:00 p.m. on Sunday. The Provider will be closed on Thanksgiving, 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 Amendment #I Islamorada Chamber of Commerce —VIS FY 2017 Contract #: 1676 tropical storm warning or hurricane warning to Monroe County, Provider may at its 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. I. 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 effect. 3. The remaining provisions of the contract dated April 20, 2016 remain in full force and Amendment #1 Islamorada Chamber of Commerce —VIS FY 2017 Contract #: 1676 IN WITNESS WHEREOF, the parties have set they hands and seal on the day and Year flat Chamber of bar. tl P6 Ell Mn TWO wirN�aEs (1} l E - cos Fr -Srn,4 n.» Print Nerve Date ( 2) ,4 lam L J Print Name (2) 0 a Date Amendment #1 ISIMMOn da Chamber of Commacc VIS FY 2017 Contrad M. 1676 N lcq Rl Itp- 2 ko Amendment #1 ISIMMOn da Chamber of Commacc VIS FY 2017 Contrad M. 1676 ACORDr CERTIFICATE OF LIABILITY INSURANCE �� P 9/29/2016 ATE(MWDD/YYYY) CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 cgnditions 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 Brenda Monroe .P ERSONAL & AD INJURY S 1,000,000 NAME: Regan Insurance Agency PHONE (305)85 -32 FAX - - o Ext): _ (A/ N1 (305) 852 -3703 90144 Overseas Hwy. A OR : bmonroe @ INSURER(S) AFFOR COVERAGE NAIC A AUTOMOBILE LIABILITY T avern ie r F 33070 INSUR A 'Bu in ton Insurance Company 23620 INSURED INS URER B Islamorada Chamber Of Commerce INSU C: PO BOX 915 INSURER D : INSURER E : NON -OWNED HIRED AUTOS AUTOS -- Islamorada FL 33036 INSURER F: COVERAGES CERTIFICATE NUMBER:16 - 17 GL REVISION NUMBER: 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 CONDI TIONS OF SUCH POLICIES. LIMI SHOWN MAY HAVE BEEN REDUCED BY P AID CLAIM ---- - - - --- -- - -- POLICY EFF - - - POLICY EXP T - - - - -- - - - - - -- - -- ---- - - - - -- LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS X _COMMERCIAL GENERAL LIABILITY EACH OC CURRENCE S A _ — -_ -- _ CLAIMS -MADE X _ OCCUR _ 1, 000, 000 DAMAGE TO RENTED i - - - - - -- _PREMISESL occur rence -_ $ — - 100,000 X - 535B532703 — -- -- - -- -- '., 10/1/2016 10/1/2017 MED EXP (Anyo person) $ 5,000 .P ERSONAL & AD INJURY S 1,000,000 GEN AGGREGATE LIMIT AP PER G EN E R AL A GGREGAT E $ 2,000,000 X ' POLICY I_ , PRO- JECT _^ LOC - - + — - -— PR -COMP/ A_G_G_ $ Incl i _ OTHER. Liquor Liability !$ 1,000,000 AUTOMOBILE LIABILITY !, ! COMBINED SINGLE LIMIT ; - - -, (Ea accident) ANY AUTO - -. ! BODILY INJURY (Per person) S ALL OWNED SCHEDULED -- -�--- --------- __.._- AUTOS ' AUTOS 1 BODILY INJURY (Peraccident) S NON -OWNED HIRED AUTOS AUTOS -- PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EAC OCCURR T EXCESS .LIAB ' --- 'CLAIMS -MADE. ---- - - - --- - _S p + _ A I DED ! RETENTIONS �� Is Cjn - WORKERS COMPENSATION AND EMPLOYERS'LIABILITY PER H- _ STATUTE YIN _.___- ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? NIA E - EACH AC CIDEl'a 4 _ � S ' -- - --- - -- - - --- (Mandatory in NH) r E.L DISEASE - EA G'OYEE S N If yes describe under �- - -- -- - -- --- _ E -- �` - - - --' - - -- DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLI LIMIT $ - ) A X 5358532703., 10/1/2016 10/1/2017 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is shown as an additional insured per policy forms, conditi s, limitations and exclusions. AP E MENT Holiday Fest 12/4/2015 Island Fest 4/9/2016- 4/10/2016 BY E WAN R N /A u - - . " nv"Ur=r% %,AIVI.GLLPt 11Un (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 1111 12th St, Suite 408 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE C.L ' Joseph Roth /LMAGUI ACORD 25 (2014/01) INS025 onl4nn U 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORV CERTIFICATE OF LIABILITY INSURANCE D ATE l o� 4 / 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: Brenda Monroe P A N ic No E xt: (305) 852 -3234 n/c No: (305)652 -3703 Regan Insurance Agency ADD S : bmonroe @reganinsuranceinc.com 90144 Overseas Hwy. INSURERS AFFORDING COVERAGE rJ NAIC # EACH OCCURRENCE INSURERA:United States Liabilit ns Co 895 Tavernier FL 33070 INSURED INSURER B: _; O rn Islamorada Chamber Of Commerce INSURERC: __{ PO BOX 915 INSURER D: _ INSURER E : C" 3 ..... - Islamorada FL 33036 INSURER F: �?" "O COVERAGES CERTIFICATE NUMBER:2016 -2017 REVISION N R: '$' I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV :FOR THE ICYEERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT *RESPECT WHlCM THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU�,IECT TO A�THE! -11 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF iMM/DDIYYYYI POLICY EXP IMMIDDfYYYYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FI OCCUR EACH OCCURRENCE $ DAMAGE ( RENTED PREMISES Ea occurrence ) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT F LOC GENERAL AGGREGATE $ GEN'L P OTHER: PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) P i ( ) $ NON - OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? F-7 NIA STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE4 $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A DIRECTORS & OFFICERS ND01062869I 8/3/2016 8/3/2017 EACH OCCURRENCE $1,000,000 GENERAL AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Chamber of Commerce APF V AGEMEM DATE_ WAVER N/A YE rt 1.,CK 1 Ir n m 1 c IIULUGK GANGtLLA I IUN lewinski- monique@monroecou Monroe County Board c/o Risk Management 1100 Simonton St Key West, FL 33040 of County Commissione �G : F i r ►cir1C � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE oseph Roth /BMONRO�` %� ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) CERTIFICATE OF LIABILITY INSURANCE [ 8 1 DA1( / /2016 THIS CERTIFICATEIS 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 have ADDITIONAL INSURED provisions or 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 endorsementlsl_ REGAN INSURANCE AGENCY INC /PHS 224589 P:(866) 467 -8730 F:(888) PO BOX 29611 C NC 2 82 2 9 INSURED (AIC.NO.Ft), (866) 467 -8730 4 4 3 - 6112 E-MAIL ISLA.MORADA CHAMBER OF COMMERCE PO BOX 915 I FL 3 COVERAGES CERTIFICATE NUMBER: INSURER(S) AFFORDING COVERAGE INSURER A_ H,ditf rrj `, e rWr 1 r e T s INSURER B - INSURER C INSURER D INSURER E INSURER F. REVISION FAX (888) 443 -6112 �J THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME[lAOVE FOItTHE�LICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEf Tj IMTH RESMCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HZ9IN IS S _WECL,TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. : 'j PVV? TYPEOFLYSf1R9,NCE _9DDL SC�BR w1° POLI['.7'_N[IdiBFR� POLICEEFF /tLnvDD,TTY1i POLICYEXf' n n I >. - ` COMMERCIAL GENERAL LIABILITY CLAIMS - MADE OCCUR EACH OC. RIRRENCE — : _ ]RD Ln occu PREMISES (Ea ence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO_ LOC JECT PRODUCTS - COMPIOP AGG c OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ -1 1 000 , 000 X ANY AUTO BODILY INJURY (Per person) A OWNED SCHEDULED AUTOS ONLY AUTOS -- UE(; ' I:JJ 176 04 /21 / ' U16 : 9 /Z1. /2017 BODILY INJURY (Per accident) g X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DE RETENTION S WORtiE4S COUPENS1770N' A�'t7 F�1PL<') ?G3S'IJ 17ILI1TP PER X OTH- STATUTE ER A ANY PROPRIETOR IPARTNER:F_XECUTIVEYIN OFRCERIMEMBEREXCLUDED? (Mandatory in NH) WA E.L. EACH ACCIDENT ' 1, 000, 0 0 0 EL.DISEASE - EA EMPLOYEE '1r 00 0, 000 If yes, describe under DESCR IPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ' 1, 0 0 0 r 0 0 0 DESCRIPTION OF OPERA TIONS /LOCATIONS /VEHIC(MMRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. PPR I NAGEMENT DATE , 01­8 - 4 WAIV R N/A ES,,,_ tY� F ` ^ a►nC� v yaa -cu AI;UKU GUKYUKA All rights reserved,' ACO D 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Monroe County Board of County - BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners and TDC 1111 12TH ST STE 408�,� AUT14ORIZED REPRESENTA 77VE KEY WEST, FL 33040 F ` ^ a►nC� v yaa -cu AI;UKU GUKYUKA All rights reserved,' ACO D 25 (2016/03) The ACORD name and logo are registered marks of ACORD