Item D5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 21, 2014
Bulk Item: Yes X No
Division: TDC
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an amendment to agreement with The Greater Key West Chamber of
Commerce, Inc. to exercise option to extend agreement for two (2) additional years to
September 30, 2016 with a five (5) percent increase in compensation for Visitor
Information Services ("VIS"), and revised public records language.
ITEM BACKGROUND:
TDC approved same at their meeting of April 29, 2014
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of June 15, 2011
CONTRACT/AGREEMENT CHANGES:
Amendment to extend agreement with increase in compensation
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $333,760.35
COST TO COUNTY: NO COST
BUDGETED: Yes X No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OIB/Purcvasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
'A.
CONTRACT SUMMARY
Contract with: The Greater Key West Contract # 866
Chamber of Commerce, Inc.
Effective Date: 10/ 1 / 14
Expiration Date: 9/30/16
Contract Purpose/Description:
Approval of an amendment to agreement with The Greater Key West
Chamber of Commerce, Inc. to exercise option to extend agreement for two
(2) additional years to September 30, 2016 with a five (5) percent increase
in compensation, and revised public records language.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/21/14 Agenda Deadline 5/6/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 333,760.35
Budgeted? Yes® No ❑ Account Codes
Grant: $
County Match: $
Estimated Ongoing Costs: $_
(Not included in dollar value above
Current Year Portion: $
117-77010-530340-TV57241X-530340
ADDITIONAL COSTS
/yr For:
CONTRACT REVIEW
tnitorial, salaries, etc.
Changes Date Out
D ten Needed ieer f
Division Director A/'{ Yes❑ No�
Risk Management Yes❑ No❑
O.M.B.IPurc asing Yes❑ No .' � �`
County Attorney � Yes❑ No C. Limbert
I Comments:
OMB Farm Revised 2/27/01 MCP #2
AMENDMENT Ost AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2014, 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 Greater
Key West Chamber of Commerce, Inc. hereinafter referred to as "Provider".
WHEREAS, there was an agreement entered into on June 15, 2011 between the parties,
for Provider to provide Visitor Information Services ("VIS") to answer potential visitor inquiries
and to promote tourism; and
WHEREAS, the original agreement with Provider provides an option to extend the
agreement under the same terms and conditions for an additional term of two years by
agreement of the parties with a five percent (5%) increase in compensation; and
WHEREAS, the parties desire to exercise option to extend agreement for an additional
two year period under the same terms and conditions with a five percent (5%) increase in
compensation; and
WHEREAS, pursuant to F.S. 119.071, new public records language is now required and
added in compliance with the statute;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph 1 of the agreement shall read: TERM: The agreement shall expire on
September 30, 2016.
2. Paragraph 3.a. under COMPENSATION shall read: The County shall pay to the Provider for
services rendered the amount of $333,760.35 (Three hundred and thirty three thousand, seven
hundred and sixty dollars and thirty five cents) per year. Amount shall be paid in eleven (11)
monthly payments of $27,813.36 (Twenty Seven Thousand, Eight hundred and thirteen dollars
and thirty six cents), and one (1) payment of $27,813.39 (Twenty Seven Thousand, Eight
hundred and thirteen dollars and thirty nine cents) pursuant to the Florida Local Government
Prompt Payment Act upon receipt of a proper invoice. The payment shall occur after TDC's
administrative office verifies and certifies that the requirements and data as set forth within the
agreement entered into by and between Provider and the County have been fully performed.
Payment under this agreement is contingent upon annual appropriation by the County.
3. Paragraph 6 under RECORDS- ACCESS AND AUDITS shall be amended to add: Pursuant
to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of
the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
Amendment # 1
The Greater Key West Chamber of Commerce, Inc.
Contract #: 866
• • • t: • i Lr • : • r •'
• : • •
•) MGM all requirementsfor retaining public records and Vanefer, at no ocjd� to Monroe
Countypublic recordsPOMMIOn Of the contractor • •: termination of the Contract and
destroy any duplicate public records that are exempt or confidentlal and 9xSI from public
records disclosure requirements. AN records stored
electronicaily • : provided to
F •
County In a format that is compatible with the Information • • • of
Monroe
County.'
4. The remaining provisions of the contract dated June 15, 2011 remain in full face and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
{SEAL}
Attest Amy Heaviilin, Clerk
Deputy Clerk
Print Name
Date °
Amendment #1
The OMSW Rey West Chamber of ccmdmem, Inc.
correct
RE • • ::W.
Mayor/Chalffnan
The Greater Key West Chamber of Comm, Inc.
By
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Print Name
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Print Name
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MONROE COUNTY ATTORNEY
. APPROVED AS TO FORM:
C RIB NE PA. UMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Oat.—___�21 f fi j
KEY WEST
THIS AGREEMENT ("Agreement") is entered into this day of
, 2011, by and between Monroe County, Florida, a political subdivbion
of
the state of Florida ("County"), and The Greater Key West Chamber of Commerce,
Inc., a Florida non-profit corporation ("Provider").
W ITNESSETH:
WHEREAS, Provider is uniquely qualified to provide Visitor Information Services
("VIS") to answer potential visitor inquiries and to promote tourism; and
WHEREAS, Provider has been furnishing Visitor Information Services to County
for thirteen years; and
WHEREAS, County and Provider currently have a contractual arrangement for
services through September 30, 2011; and
WHEREAS, the Tourist Development Council ('TDC"), an advisory board to
County's Board of County Commissioners ("BOCC") has recommended to County that
a new contract for Visitor Information Services be entered into with Provider; and
WHEREAS, County desires to enter into this Agreement for Visitor Information
Services with Provider;
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. TERM: The term of this Agreement is for a period of three years
beginning October 1, 2011 and expiring on September 30, 2014. The Agreement may
be extended for an additional term of two years by agreement of the parties with a five
percent (5%) increase in compensation, as further outlined below.
2. 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 its (305) line(s) with information about the Florida Keys
and any specified district destination.
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 that is
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
Key West Chamber of Commerce
Visitor Information Services — FY 2012
ID#: 866
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 respond to all Live Chat (Internet) requests and chat live with
potential visitors to fulfill their requests for destination information, 9:00 a.m. —
5:00 p.m., Monday through Friday; excluded holidays and other business
closures permitted in this Scope of Services. County shall provide Live Chat
software on the TDC website to send chat inquiries directly to the Chambers of
Commerce. County shall serve as administrator of Live Chat software;
including, but not limited to setting up Chamber Operator user accounts,
generating reports of chat volumes by Chamber and providing chat transcripts
upon request to Chamber heads for their employees.
e. Provider shall respond to all Contact Me referrals (potential visitor request for a
tourist information operator to contact them entered via the website when Chat
services are not available) and call or email potential visitors to fulfill their request
for destination information, 9:00 a.m. — 5:00 p.m., Monday through Friday;
excluded holidays and other business closures permitted in this Scope of
Services. County shall provide Contact Me feature via the Chat Live software on
the TDC website to send call and/or email requests directly to the Chambers of
Commerce.
f. 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.
g. 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.
h. Provider may make referrals to lodging accommodations; however, it shall do so
only pursuant to a system that provides fair and equitable distribution of referrals
to all entities in Provider's district which collect and remit to the County the tourist
development tax, with no preferential treatment for any entity having a business
Key West Chamber of Commerce
Visitor Information Services — FY 2012
ID#: 866
N
relationship with the referral service of Provider. Further, such referral service
system shall require the referral service Provider, for itself and any sub-
contractor, whether the Chamber of Commerce or a contractor thereof, to 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
(iii) a written policy outlining the system the Provider utilizes to ensure fair
and equitable distribution of referrals. The policy shall be provided to
County upon request.
i. All visitor -related collateral requests shall be entered into the TDC VIS system on
a daily basis by Provider to be downloaded 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.
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 provide to the TDC
administrative office a distribution list of those parties receiving visitor names and
addresses with the monthly reimbursement request. 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. This
provision shall not preclude the distribution of district collateral material by a firm
subcontracted by the Provider as outlined in paragraph 2.11. of this contract.
k. The provider shall provide live telephone and Internet service, the minimum of
which shall be as follows: 8:00 a.m. to 6:00 p.m. Monday through Friday, 9:00
a.m. to 6:00 p.m. Saturday and Sunday. The Provider may be closed on
Thanksgiving, Christmas Eve afternoon, Christmas Day, New Year's Day,
Presidents Day, Memorial Day, Easter Sunday, Fourth of July and Labor Day.
Sub -contracted live operator(s), voicemail, answering machine or similar
Key West Chamber of Commerce
Visitor Information Services — FY 2012
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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 8:30 a.m. to 6:00 pm. Monday through
Friday, 9:00 a.m. to 6:00 p.m. Saturday and Sunday. The Provider will be closed
on Thanksgiving, Christmas Eve afternoon, Christmas Day, New Year's Day,
President's Day, Memorial Day, Easter Sunday, Fourth of July and labor Day.
m. Provider may cease fulfillment of service minimum as outlined in items k and I in
this contract 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 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.
Subcontracted live operators), voicemail, answering machine or similar
procedures shall be furnished by Provider to capture required information in the
event of unforeseen and unscheduled closing of 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 TDC.
n. The Provider shall provide fast Internet access to the TDC web site and TDC VIS
software and Chat live web applications for all staff members fulfilling Visitor
Information Service program requirements as outlined in this contract. 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.
o. 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.
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p. The toll -free numbered telephone lines for which the tourist development tax
pays shall be used only for tourism -related business purposes, including
fulfillment of Call Me requests.
q. County shall provide the toll -free number phone lines and routing services to
handle the required by this Agreement.
County shall provide a link and e-mail forwarding from the TDC website directly
to the Provider's website.
s. 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 is required to review any such
documents that are received from other Providers or from the TDC. Provider
shall disseminate the information to staff for training purposes.
3. COMPENSATION: Compensation shall be paid, subject to availability of
Tourist Development Tax Funds and approval as follows:
a. The County shall pay to the Provider for services rendered the amount of
$317,867 (Three hundred and seventeen thousand, eight hundred and sixty
seven dollars) per year. Amount shall be paid in eleven (11) monthly payments
of $26,488 (Twenty six thousand and four hundred and eighty eight dollars) and
one (1) payment of $26,499 (Twenty six thousand, four hundred and ninety nine
dollars) per year pursuant to the Florida Local Government Prompt Payment Act
upon receipt of a proper invoice. The payment shall occur after TDC's
administrative office verifies and certifies that the requirements and data as set
forth within the agreement entered into by and between Provider and the County
have been fully performed. Payment under this agreement is contingent upon
annual appropriation by the County.
b. If the option to extend the contract for an additional two years is exercised by the
parties, the annual contract amount shall be increased by 5% to $333,760.35 per
year.
c. Periodic monitoring efforts shall be conducted by the TDC for the purposes of
system review and compliance of agreement requirements. Monroe County's
performance and obligation to pay under this contract, is contingent upon an
annual appropriation by the BOCC.
Key West Chamber of Commerce
Visitor Information Services - FY 2012
ID#: 866
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4. INDEMNIFICATION: Except as allowed by law, and subject to the
provisions of Florida Statute Section 768.28, County shall indemnify and hold Provider
harmless from any suits, claims, damages, costs, or expenses arising in connection
with furnishing false, defamatory, or otherwise objectionable advertising material,
including material which invades the privacy of individuals, which advertising material
has been suggested, ordered or approved by TDC.
Provider covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners 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 or not provided by Provider
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Provider or its Subcontractors in any tier, their
employees, or agents.
In the event that the service is delayed or suspended as a result of the Provider's failure
to purchase or maintain the required insurance, the Provider shall indemnify the County
from any and all increased expenses or lost revenue resulting from such delay. The first
ten dollars ($10.00) of remuneration paid to the Provider is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this agreement. The
provisions of this section shall survive the expiration or earlier termination of this
agreement.
5. APPROVAL. AND CHANGES: The TDC shall have the sole and exclusive
right to approve or reject changes to the software program, format of questions required
to be asked of callers, and other program requirements of the Visitor Information
System, in which case the TDC's directions shall be immediately implemented.
Periodic monitoring efforts shall be conducted by the TDC for the purposes of system
review with feedback to Provider to encourage improvement in the quality of service in
conjunction with modifications to established standards and training tools made
available by TDC to the Provider.
6. RECORDS - ACCESS AND AUDITS: Separate and apart from the
Provider's normal business records, the Provider shall maintain books, records and
documents concerning the contracted services. As used herein, the term "records"
includes electronic data. These records shall be maintained in compliance with
generally accepted accounting principles and such records must remain available for at
least five (5) years after completion of this Contract. The Provider shall provide
TDC/County access to any of the books, records or documents concerning the
contracted services during regular business hours, upon reasonable notice. In the
event such inspection by TDC/County reveals a substantial failure on the part of the
Provider to carry out the contracted services, the TDC/County shall make a written
demand upon the Provider to repay a reasonable amount of the funds received by the
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Provider for the unfulfilled contracted services. The TDC/County and Provider agree to
attempt to resolve such exceptions/repayments in good faith. In addition, these records
are subject to disclosure pursuant to Chapter 119 of the Florida Statutes. Provider shall
cooperate with County in furnishing these records if requested.
7. TERMINATION: Either party shall have the right to cancel this Agreement
at its sole discretion with or without cause upon one hundred and twenty (120) days
prior written notice to the other party. Upon any termination including the natural
termination of this Agreement, Provider shall deliver to the County all papers, software,
equipment and other material related to the work performed under this contract.
8. DISCLOSURE OF INTERESTS: The Provider agrees that it has provided
to the County prior to the execution of this Agreement written disclosure of any existing
financial interest in the business of its suppliers or Provider's subcontractor's utilized in
fulfillment of this Agreement, and shall disclose said interests as they may arise from
time to time. The Provider shall be required to list any or all potential conflicts of
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code, and
shall disclose to the County and TDC all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any clients interest which may conflict
with the interest of the County and TDC.
9. LAWS AND REGULATIONS: Provider shall comply fully with all Local,
State and Federal laws and regulations, including state and local licensing laws and
ordinances.
10. TAXES: The County and TDC are exempt from Federal Excise and State
of Florida Sales and use Taxes. The County is not responsible for any taxes incurred
by Provider.
11. FINANCE CHARGES: The County and TDC will not be responsible for
any finance charges.
12. FORCE MAJEURE: Provider shall not be liable for delay in performance
or failure to perform, in whole or in part, the services due to the occurrence of any
contingency beyond its control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of war, whether an actual
declaration thereof is made or not, insurrection, sabotage, riot or civil commotion, act of
public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood,
drought or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where
Provider has exercised reasonable care in the prevention thereof, and any such delay
or failure shall not constitute a breach of this Agreement.
Key West Chamber of Commerce
Visitor Information Services - FY 2012
ID#: 866
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7
13. ASSIGNMENT: The Provider shall not assign, transfer, convey, sublet or
otherwise dispose of this contract, or of any or all of its rights, title or interest therein or
information generated or collected in the performance of this agreement (other than
responses to public information requests from any person or entity whether in or out of
state), without prior written consent of the County and TDC.
14. COMPLIANCE WITH LAWS -NONDISCRIMINATION: The Provider shall
comply with all international, federal, state and local laws and ordinances applicable to
the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, age, gender orientation, or national origin in the performance of
work under this Agreement. This Agreement shall be subject to all international,
federal, state, and local laws and ordinances concerning discrimination.
15. INSURANCE: The Provider shall maintain the following required
insurance throughout the entire term of this contract and any extensions. Failure to
comply with this provision may result in the immediate suspension of all work until the
required insurance has been reinstated or replaced. Delays in the completion of work
resulting from the failure of the Provider to maintain the required insurance shall not
extend any deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for
Provider's failure to maintain the required insurance.
The Provider shall provide, to the County, as satisfactory evidence of the required
insurance, either:
Certificate of Insurance
or
" A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All Insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer. The acceptance and/or approval
of the Provider's insurance shall not be construed as relieving the Provider from any
liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation. Any deviations from these General Insurance Requirements must be
requested in writing from the County. Such requests shall be prepared from the
County's form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
A. Prior to the commencement of work governed by this contract the
Provider shall obtain Workers' Compensation Insurance with limits sufficient to respond
to Florida Statute 440.
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In addition, the Provider shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida and the company or companies must maintain
a minimum rating of A•V1, as assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this contract, the
Provider shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum:
• Premises Operations and Contents
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as
Additional Insured on all policies issued to satisfy the above requirements.
16. GOVERNING LAWNENUE: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the agreement, the County and Provider agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
The County and Provider agree that, in the event of conflicting interpretation of the
terms or a term of this Agreement by or between any of them the issue shall be
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submitted to mediation prior to the institution of any other administrative or legal
proceedings.
17. ENTIRE AGREEMENT: This writing embodies the entire Agreement and
understanding between the parties hereto, and there are not other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded. In order to be effective, any amendment to this
Agreement shall be in writing, approved by the Board of County Commissioners of
Monroe County, and executed by both parties.
18. PROPERTY RIGHTS: The County shall own all equipment and materials
supplied by them for the Visitor Information Services program including software and
databases. For the purposes of the public records act, all data entered into the Monroe
County Tourist Development Council's computer network system shall be County
material.
19. SEVERABILITY: If any provisions of this Agreement shall be held by a
Court of competent jurisdiction to be invalid or unenforceable, the remainder of this
agreement, or the application of such provision other than those as to which it is invalid
or unenforceable, shall not be affected thereby; and each provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
20. NOTICE: Any notice required or permitted under this Agreement shall be
in writing and hand delivered or mailed, postage prepaid, to the other party by
certified mail, returned receipt requested, to the following:
FOR COUNTY
Executive Director, TDC AND
1201 White Street, Suite 102
Key West, FL 33040
FOR PROVIDER
President
Key West Chamber of Commerce
510 Greene Street, 1 st Floor
Key West, FL 33040
Monroe County Attorney
PO Box 1026
Key West, FL 33041
21. AUTHORITY: Each of the signatories for the Provider below certifies and
warrants that:
a) The Provider's name in the Agreement is the full name as designated in its
corporate charter,
b) They are empowered to act and contract for the Provider.
c) This Agreement has been approved by the Provider's Board of Directors.
Key West Chamber of Commerce
Visitor Information Services — FY 2012
ID#: 866
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22. ETHICS CLAUSE: Provider warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
County may, at its discretion terminate this contract without liability and may also, at its
discretion, deduct from the contract or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
23. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has
been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in section 287.017, Florida
statutes for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. By execution of this document, Provider states that it is not
disqualified by the statement above.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Key West Chamber of Commerce
Visitor Information Services — FY 2012
ID#: 866
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F, the Parties hereto have executed this agreement the
1, above written
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Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest
By.
Secretary
Print Name
OR
(1) witness
Print Name
(2) witness
Print Name
Key Wow Chamber of Commerce
Visitor information Services - FY 2012
ID#*. 866
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Exhibit A
Mail Fulfillment Required Data
o Name
o Business Name (if Travel Agent or Business Address)
o Street Address
o Zip Code
o City
o State or Province
a County (if non U.S.)
Visitor Information Survey
o What kinds of activities are you interested in?
a. Fishing Offshore
b. Fishing Back Country
c. Diving
d. Marinas
d. Snorkeling
f. Boat Rentals
e. Sailing
g. Attractions
h. Dining/Entertainment
i. Weddings/Honeymoons
j. Real Estate/Relocation
k. Coupon Book
I. Guided/Nature Tours
m. Water Sports
n. Special Events
o. Fishing Tournament
o What kinds of accommodations are you interested in?
a. Hotels/Motels
c. Vacation Rentals
b. B&Bs/Guesthouses
d. Campground/R.V. Parks
o Are you a travel agent or consumer?
o What month are you planning to travel to the Florida Keys?
o How are will you be traveling?
a. Commercial Airline b. Private Plane
C. Automobile d. Tour bus
d. RV e. Private Boat
f. Cruise ship g. Fly/Drive
h. Undecided
o How long will you stay?
o How many people will be in your travel party? Children under 17?
o What number did you dial to reach us today?
o Do you recall seeing any advertising for the Florida Keys and Key West in the
past 3 months? Generic type and specific source.
o Would you like a brochure?
Key West Chamber of Commerce
Visitor information Services - FY 2012
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Exhibit B
Generic Destination
Frequently Asked Visitor Questions & Appropriate Responses
Q.1. How long does it take to seethe entire Florida Keys?
A. 1. About one to two weeks
Q-2. How can I get to the Florida Keys?
A.2. The Florida Keys are directly accessible by plane, via our two airports Marathon
and Key West, car, bus, ferry and Cruise Ship. You can also travel to nearby
destinations in Florida via train, plane, bus, etc. and continue on to the Keys
through a rented car, shuttle service, ferry or bus.
Q.3. Is their a web site where I can find more information on the Florida Keys?
A-3. Yes, www.fla-keys.com.
Q.4. How long does it take to get to the Keys? All times and distance are to Upper
Keys. Add one hour to times for Middle Keys and two hours to times for Lower
Keys.
AA. City, State Miles Kilometers Driving Time
Miami, FL 50 80 1 hour
Ft. Myers, FL 200 320 4 hours
Tampa, FL 300 480 6 hours
Orlando, FL 280 450 6 hours
Gainesville, FL 380 610 8 hours
Tallahassee, FL 530 850 10 hours
Jacksonville, FL 490 780 10 hours
Savannah, GA 530 850 11 hours
Macon, GA 630 1,010 13 hours
Charleston, SC 630 1,010 13 hours
Atlanta, GA 700 1,120 14 hours
Pensacola, FL 720 1,150 14 hours
Montgomery, AL 740 1,200 15 hours
Birmingham, AL 860 1,370 17 hours
Charlotte, NC 884 1,400 18 hours
New Orleans, LA 910 1,500 18 hours
Louisville, KY 1,140 1,824 23 hours
Q.S. Do you know of any special deals or bargains?
A.S. If you know of any special deals or bargains from accommodations please
provide to the caller, else state: Special deals or bargains can generally be
found in our off-season. Accommodations prices generally begin reducing
Key West Chamber of Commerce
Visitor Information Services — FY 2012
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during the early summer months and are lowest generally during the fall.
However, special events or holidays can affect prices.
0.6. I've heard there is a hurricane/tropical storm headed for the Florida Keys, how
can I get more information?
A.6. You can visit the official Florida Keys and Key West website, www.fla-keys.com,
for information such as any storm warnings affecting the Florida Keys, answers
to frequently asked questions about hurricanes and other tips for visitor safety.
You can also tune into the Weather Channel for the Tropical update at 50
minutes past the hour.
Q.7. Do you have any Gay friendly accommodations?
A.7. There are Gay friendly accommodations throughout the Florida Keys. You can
visit the official Florida Keys and Key West website, www.fla-keys.com, to see
which accommodations are self -designated as Gay friendly.
Q.B. What types of accommodations do you have?
Q.B. Provide caller with categories of accommodation types available in your area,
such as Hotels, Motels, Bed and Breakfasts, Guest Houses, RV parks,
Campgrounds. Also use descriptive terms of accommodations in your area
where appropriate. For example, large chain hotels to Mom & Pop type hotels,
quaint B&Bs and guest houses, waterfront RV parks & campgrounds, etc.
0.9. What types of restaurants do you have?
0.9. Highlight unique dining experiences of the Florida Keys and Key West, such as
local seafood or conch -fusion cuisine, while also providing caller with some
general restaurant types available in your area. Examples of restaurant types
include: Fine dining, family style, pubs, diners, fast food, ethnic, seafood,
vegetarian, cafeteria style, cafes, chain, fast food, etc. Also use descriptive
terms for restaurants in your area were appropriate. For example, "We have
many wonder dining choices including restaurants specializing in our famous
local cuisine which infuses Cuban, Bohemian and American specialties, fresh
local seafood, fine -dining, family -style and casual restaurants."
In addition, Operators should be able to provide information appropriate to their
area for the following questions:
0.10. Is there any nightlife available?
0.11. What type of family activities are there?
Q.12. Where can I (snorkel, dive, fish, swim, sail, visit the reef)?
0.13. Do you have any special events going on?
0.14. Are there any pet friendly accommodations?
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