1. 04/01/1998-09/30/2003 3rd Addendum
ADDENDUM TO AGREEMENT
THIS ADDENDUM is entered into this / S~day of flY) A Y, 2002, by
and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and the Lower Keys Chamber of Commerce,
hereinafter referred to as the PROVIDER.
WITNESSETH
WHEREAS, there was an agreement entered into on April 8, 1998, between the
parties to provide Visitor Information Services which promote tourism; and
WHEREAS, there was an amendment to agreement on July 21, 1999 to provide
for a change in the scope of services; and
WHEREAS, there was an amendment to agreement on July 19, 2001 to extend
agreement until September 30, 2002, leaving one (1) additional year extension
available as an option; and
WHEREAS, there was an amendment to agreement on December 20, 2001 to
allow the PROVIDER to enter into agreements with reservation services should they
wish to; and
WHEREAS, the TDC and Board of County Commissioners agree to exercise the
option of an additional one (1) year for the Agreement until September 30,2003; and
WHEREAS, the general liability insurance may be decreased to a minimum of $1
million coverage which includes Monroe County as a named insured;
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on April 8, 2001 (and
amended on July 21, 1999; July 19, 2001 and December 20, 2001) as follows:
1. Paragraph 2 of the original agreement shall be amended by adding the following
sentence: This Agreement is extended for the second year and will expire on
September 30, 2003.
2. Paragraph 3.c. shall be revised to read:
c. The PROVIDER shall respond to all telephone inquiries for the benefit of Monroe
County as a whole and not for the benefit of the PROVIDER, members of the
PROVIDER and/or discriminate between chamber and non-chamber members
where generic materials are provided by the TDC. Should the PROVIDER make
referrals to any lodging accommodations, it shall do so only pursuant to a system
that provides for fair and equitable distribution to all entities which collect and remit
to the County the tourist development tax, with no preferential treatment being given
to any entity or class of accommodations, and without any preferential treatment for
any entity having a business relationship with the referral service provider. Further,
such referral service system shall require the referral service provider, whether the
Chamber of Commerce or a contractor thereof, to have and maintain the following
protections for the Cou nty:
(i) a binding agreement to hold harmless and indemnify the County from any
claims of liability, losses and causes of action which may arise out of or as a
result of the referrals;
(ii) (ii) general liability insurance with a minimum of $1 million coverage which
includes Monroe County as a named insured; and
(iii) a monitoring mechanism whereby results of performance, in terms of amount
of business referred and the fairness and equity of referrals, can be reported
to the Cham~.the TDC.
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Attest: DANNY L. K~~:Gte'rk ommissioners of
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Deputy CI rk
BY:
~O.RA.TE SEAL)
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Witness
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