Loading...
FY2016/19 1st Amendment 11/22/2016 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated th '� day of I\;t\ ) ✓2016 is entered into � i � Y 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 Greater Marathon 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 #1 Marathon Chamber of Commerce —VIS FY 2017 Contract #: 1675 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, Toss 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 5:00 p.m. Monday through Sunday. The Provider may be closed on Thanksgiving, Christmas Eve afternoon, 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 5:00 p.m. Monday through Sunday. The Provider will be closed on Thanksgiving, Christmas Eve afternoon, 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 #1 Marathon Chamber of Commerce —VIS FY 2017 Contract #: 1675 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 3. The remaining provisions of the contract dated April 20, 2016 remain in full force and effect. Amendment #1 Marathon Chamber of Commerce —VIS FY 2017 Contract #: 1675 111‘ ' l . S WHEREOF, the panes have set their hands and seal on the day and year ftrat _ * * v f., M a . I. k- Board of County Commissioners \,;■ -, "4 ) ' Clerk of roe County %.■ .-- .../ / y- 4. Y).e...44. el Deputy Cleric MayodChalr man Greater Marathon Chamber of Commerce, Inc By P rent J f � 1 � r �� -� I r eA 1, f b r.1 o Print Name l /' l . M'uL t AND TWO WITNESSES J� t ' ( CA 1 g IA ril f 7 — — - (2 C\ e j 5\ - (1) OveS-eLf S (2) /)ca 1) ) S,1 <.- Print N Print Name rui (1) 10 l (3 / Z O I ls+. (2) / - a — / 3-1( Date Date MONROE COUNTY ATTORNEY Apt ROV DD A ,,, _ S TO FORM: i iSTINE Al L {h1Br W RT- 6ARRO3 Chh ASSIS±PNT C•'? Id ATreFRNEY Amendment #I Marathon Cumber of Commerce VIS FY 2017 Contract 0: 1675 • AC o CERTIFICATE OF LIABILITY INSURANCE DATE(MW001YYYY) k.../ 1/18/2017 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 013 PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polley(les) 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 NAOM4R T David Sheppard Keys Insurance Services PHONE (305) 743 -0494 � t NM: (315) 743-0512 5800 Overseas Hwy ADDRESS : dsheppardekeys insurance .com P.O. Box 500280 INSURER(S) AFFORDING COVERAGE NAIC a Marathon FL 33050 INSURER A :Lloyds of London INSURED INSURER B Greater Marathon Chamber of Commerce, Inc. INSURER C: 12222 Overseas Highway INSURER 0: BISURER E : Marathon FL 33050 _ INSURER 1 : COVERAGES CERTIFICATE NUMBER:2016 -2017 Master GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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. EX , LYN TYPE OF INSURANCE men a wire 1 • MU INN P i Y I fYw C 1MIMfYY3 LIMITS X COMMERCIAL GIMBRAL LIABILITY EACH OCCURRENCE S 1, 000,000 _ A ICLAus•MADE © OCCUR � aTOREM150 100,000 X B01TL211090 12/21/2016 12/21/2017 MEOEXP One onepraon) S 5,000 PERSONALIADVINJURY S 1,000,000 GEel . AGGREGATE LIMITAPPLIESPER, GENERAL AGGREGATE S 2,000,000 4 POLICY a AC ❑ LOC PRODUCTS - COMP/OP AGG S Included 1 OTHER: wows Non-Owned Auto S Included AUTOMOBILE LIAI1UTY ` C BINOLE UMW S _ ANY AUTO k BODILY INJURY (Per person) S At OWNED AUTOS SCHEDULED BODILY INJURY (Pr accident) S NON-OWNED PROPERTY AGE s HIRED AUTOS AUTOS -.. S UMBRELLA LIAB OCCUR r EACH OCCURRENCE S EXCESS 1JAN IH CLAMS-MADE $Y SIE G'-MENT AGGREGATE a 5 - DEO I 1 RETENTIONS • ago( , pip I S WORKERS COMPENSATION (RTAT.:TF I (.�RH ANY PRO PRIETOR/PA XECUTIVE Y / M, DATE 1 - OFFICERMEMBEREXCLUDED? NIA E.L EACH ACODENT S (Mandatory In NH) WAIVER ICY ES-- E.L DISEASE • EA EMPLOYEE S II yee desc . nder DESCRIPTION u OF OPERATIONS War E.L DISEASE - POLICY LIMIT , S DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORN 101, Additional Remarks Schedule. may be attached 11 more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POUCY PROVISIONS. Key West, FL 33040 AUTHOIe2ED REPRESENTATIVE . Mel Montagne ® 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201411)