5. 10/01/2016 to 09/30/2019 1st Amendment 11/22/2016NT
THIS AMENDMENT to agreement dated th of 0%1 016, 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 Key Largo
Chamber of Commerce, Inc. a Florida non - profit corporation "Provider ".
WHEREAS, there was an agreement entered into on May 18, 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
Key Largo Chamber of Commerce —VIS FY 2017
Contract #: 1677
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 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.
i. The provider shall provide live telephone and Internet service, the minimum of which
shall be as follows: 9:00 a.m. to 6:00 p.m. Monday through 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.
j. The Provider shall provide Visitor Information Services to visitors walking into the facility
during the regular working hours of 9:00 a.m. to 6:00 p.m. Monday through 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
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,
Amendment # 1
Key Largo Chamber of Commerce —VIS FY 2017
Contract #: 1677
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 May 18, 2016 remain in full force and
effect.
Amendment #I
Key Largo Chamber of Commerce —VIS FY 2017
Contract #: 1677
WHEREOF. the parties have set their hands and seal on the day and year first
M. iL Board of County Commissioners
Clerk of Monroe County
Clerk Mayor/Chainnan
Key Largo Chamber of Commerce. Inc. t ..n F
P' dent �' N
Print Name
r'
CD
AND - two VVITNE "-
(1 '�'Qz'-e A/ t f1OJl
Print Name
Date
MONROE COUNTY AT TORNEY
PPROVEU AS TO FORM:
4CH
r �JE UIMBER -BA
ASS15T_tJ AT i ORNEY
Date W
Amatdment * 1
Key L=W Chamber of Commerce VIS FY 2017
Conttad #: 1677
Dete
CERTIFICAT OF LIABILITY INSURANC 14/ DAMOOLM
18/2016
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFKtM MVELY 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 eersNieale holder is an ADDITIONAL INSURED, the polley(les) 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
cm d testa does not eonbr rights to the cartificate holder in lieu of such andomemen s .
BEGAN INSURANCE AGENCY INC /PHS
224589 P: (866) 467 -8730 F: (888) 443 -6112
PO BOX 29611
CHARLOTTE NC 28229
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
tAcftI.o (866) 467 -6730 P"ua (888) 443 -6112
A55§2111;
IwbWlencs)AF►aRl#wGCOVwral rwo,
NWAN91AS Sentinal Ins Co LTD
EACH OCCURRENCE 3 1,000,000
N°"'ED
KEY LARGO CHAMBER OF COMMERCE
106000 OVERSEAS HWY
KEY LARGO FL 33037
Nl A"k-
Nlrmol c;
A x General Liab
NrRw"a1
01OLOM9;
ML GATE LIMIT AMUES PER
NlwerF:
JECT LOC
UUVI11t urm ( K t WW.A It NUXU C 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ASR 77PEOFA3trIAWE
ADJ31 Wfffil POULYATl�ER L PO(JCFETP /!IONS
COMMERCIAL GENERAL WMRJrY
EACH OCCURRENCE 3 1,000,000
CLAIM54NILDE EOCCUR
0 0 0 , 0 0 0
PREMISES 5, pavrnrco ) ;;
A x General Liab
x SR:4 usesls 04/2R/2016 04/26/2017 MFDEXP (Any one pe —) 1 10,000
PERSONAL A ADV INJURY $1,000,000
ML GATE LIMIT AMUES PER
GENERAL AGGREGATE ;2, 000, 0 0 0
JECT LOC
PRODUCTS - COMPADPAGG r2, GOO, OOO
CT}ER
s
ALITDMGBILEUAaILRY
(Es W"I) LELI>vIT
: 1, 000, 000
ANY ALTO
-- I
BODILY INJURY (Per mm)
$
A
SCHEDULED
AUTOSONLV
04/28/2015
64/21/2%7
BODEY IMAM (Per &=IUm),
x HI RED NON-0WNED
x
PROPERTY
AUTOS ONLY AUTOS ONLY
A DAMAGE
s
a
UMBRLLA UAa E
OCCUR
EACH OCCURRENCE
AGGREGATE
E)ICESSUAa
CLAMN,SAIADE
AP V
1
and s`
s
•Uerrtsmlv==V
AVDDWWFJZrUANZM
FoI
TrrAT , A
ANY OFRCERA�EXp�UDEDD77 CUTtVE—
E.LEACHACCIDENT
VAwdwwM MH 1 r
wA
E,L DISEASE- EA EMPLOYEE
+
B1N.de,er6ewWN
DESCRIPTION OF OPERATIONS beloer
E.L. DISEASE- POUCYLIMIT
y
DESCMPTM OFOPBUTHONS /LOCATMINS/ Y9EC0WRD 1M, Addi fwW Re "Oft scheduk'nay be40wbod N eroro spew Y ro*** )
Those usual to the Insured's
Operations. Certificate Holder is an Additional
Insured per the Business
Liability Coverage Form SS0008 attached to this
policy.
CERTIFICATE HOLDER
CANCELLATION E
SHOLILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
AU HOROMRSPRESEN&ARM
PO BOX 1026
KEY WEST, FL 33041
0 IMB-201 5 ACORD CORPOOMON. All rrgi ts reserve
ACORD 25 (2016103)
The ACORD name and logo are reghTtwed narks of ACORD
i
t
f
L'
I.
i
i
I