Item D11 D11
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: D11
2023-2477
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan 305-296-1552
N/A
AGENDA ITEM WORDING: Approval of 1st Amendment to Agreement with the Greater Key
West Chamber of Commerce, Inc. to provide Visitor Information Services to exercise the option to
extend the Agreement for an additional two (2)year period to September 30, 2026.
ITEM BACKGROUND:
Our current Agreement with the Greater Key West Chamber of Commerce, Inc. to provide Visitor
Information Services expires on September 30, 2024. Within the Agreement is an option to extend the
Agreement for an additional two (2)year period under the same compensation.
DAC I approved at their meeting of April 10, 2024
TDC approved same at their meeting of April 30, 2024
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of April 21, 2021.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
Amendment to Extend
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Key West Chamber VISAmendment and Original Agree ent.pdf
FINANCIAL IMPACT:
1460
117 77010 SC_00036 $350,449.05/year
Insurance to be provided after BOCC approval
1461
AMENDMENT JIST AMENDMENT' TO AGREEMENT
THIS AMENDMENT to Agreement dated on the day of 2024, 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. a Florida non-profit corporation (Provider).
WHEREAS, there was an Agreement entered into on April 21, 2021 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; and
WHEREAS, the parties desire to exercise the option to extend the Agreement under the
same terms and conditions for an additional two year period, and
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 be amended to read: The Agreement shall expire on
September 30, 2026.
2. The remaining provisions of the Agreement dated April 20, 2021 shall remain in full force
and effect.
Amendment#1
Key West Chamber of Commerce—VIS FY 2022
Contract ID#: 2606 1462
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
-----------------
Ki--D...e-put- Clerk--- ----------- -
Mayor/Chairman
MONROE COUNTY ATTORNEY
CHR'STINE LIMBERr-BARROWS
ASSISTANT COUNTY ArrORn-Y
DATE 4/9/24
Greater Key West Chamber of Commerce, Inc.
By:
Presi nt
a"V
..........
Print Name
Is
AND TWO WITNESSES
(2)
... ........
rek
Print Name Print Name
(1)
Date Date
Amendment#1
Key West Chamber of Commerce—VIS FY 2022
Contract ID#: 2606 1463
KEY WEST VISITOR INFORMATION SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this 21st day of April
2021, by and between Monroe County, Florida, a political subdivision of the state of
Florida ("County"), and The Greater Key West Chamber of Commerce, Inc., a Florida
non-profit corporation ("Provider").
WITNESSETH:
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 twenty three years; and
WHEREAS, County and Provider currently have a contractual arrangement for
services through September 30, 202,1; and
WHEREAS, the Tourist Development Council ("TDC"), an advisory board to
County's Board of County Commissioners ("BOCC") has irecommended to County that a
new agreement 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, 2021 and expiring on September 30, 2024. The Agreement may be extended for an
additional term of two years by agreement of the parties at the same rate of
compensation.
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 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 that is
provided by the County, which includes the name, address and zip code of the
caller. The Provider shall request that alll 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
Key West Chamber of Commerce
Visitor Information, Services— FY 2022
ID#: 2606
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to
e-mail inquiries to a web survey in its return correspondence via web link provided
by the TDC.
c. Provider shall respond to ail) e-mail (Internet) inquiries for fulfillment requests and
interact with potential visitors requests, for destination information.
d. Provider shall glive 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. Provider shall place TDC suppllied
banner ad hyperlink to district page within fla-keys.com.
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 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 preferentiail 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 claimis 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. At least every eighteen (18)
months, provider shall 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 alli times comply with the
Telecom m unicatiions 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
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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which may arise out of or as a result of the distribution of visitor information by the
Provider to athird party.
i. The provider shall provide live telephone and Internet service, the minimum of
which shall be as follows regular working Ihours of 9-00 a.m. to 5-00 p.m., 7 days
a week, Sunday through Saturday. 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):, volicemaill,
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., 7 days a week,
Sunday through Saturday. The Provider will be closed on Thanksgiving, Christmas
Eve afternoon, Christmas Day, New Year's Day, Memori:41 Day, Easter Sunday,
Fourth of July and Labor Day.
k. Provider may cease fulfillment of service minimums as outlined in items i and j 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 declared state of emergency in Monroe County where the destination is
closed to visitors, 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 as outlined above, Provider shall not be
required to resume contractual service minimums until such a time as:
I. declared state of emergency for its district has been lifted and the
destination is open for visitors
iii. resident evacuation orders for its district has 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 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 reqiuirements. 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.
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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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) ProvidershalI disseminate the information
to staff for training purposes.
r. 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: excluding holidays and other business closures
permitted in this Scope of Services. County shiall 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 chamber Operator accounts, generating reports of chat volumes by
Chamber, and providing chat transcripts upon request to: Chamber heads for their
employees.
s. 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. — 5-09 p.m.:, Monday through Friday:
excluding holidays and other business closures permiitted in this Scope of
Services. County shall provide Contact Me feature via Chat Live software on the
TDC website to send caul and/or email requests directly to the Chambers of
Commerce.
t. Provider shall install TD,C's online booking system for District I lodgiing properties
on chambers website.
u. Provider at its own cost shall install a computer kiosk or other electronic/digital
technology in, the districts visitor center to conduct Digital Visitor Survey's and
provide the collected information to TDC
3. COMPENSATION- Compensation shalll be paid, subject to availability of Tourist
Development Tax Funds and approval as follows:
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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00
to
a. The County shalli, pay to the Provider for services rendered the amount of
$350,449.05 (Three Hundred Fifty Thousand Four Hundred and Forty-Nine Dollars
and Five Cents) per year. Amount shall be paid in eleven (1,1) monthly payments
of $29,,204.08 (Twenty-nine thousand two hiundred and four dollars and eight
cents) and one payment of $291,204.17 (Twenty-nine thousand two hundred and
four dollars and seventeen cents)) per year pursuant to the Florida Local
Government Prompt Payment Act upon receipt of a proper invoice with supporting
documentation acceptable to the Clerk. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as
may govern the Clerk's disbursal of funds. 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 Board of County Commissioners.
b, If the option to extend the agreement for an additional two years, is exercised by
the parties, the compensation shall remain at $350,449.05/year.
c. Periodic monitoring efforts shall be conducted by the TDC for the purposes of
system review and compliance of agreement requirements. Monroe Counity's
performance and obligation to pay under this agreement, is contingent upon an
annual appropriation by the BOCC.
4. INDEMNIFICATION- 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 resultingi 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 reqiuired 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 m:onitoriing
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
Key West Chamber of Commerce
Visitor Information Services— FY 2022
IN: 2606
miodifications 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 thiis agreement. The Provider shall provide TDC/BOCC 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/BOCC
reveals a substantial failure on the part of the Provider to carry out the contracted
services, the TDC/BOCC shall make a written demand upon the Provider to repay a
reasonable amount of the funds received by the Provider for the unfulfilled contracted
services. If an auditor employed by the COUNTY or Clerk determines that monies paid to
Provider pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall
repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida
Statutes, running from the date the monies were paid by the COUNTY, The TDC/BOCC
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 and the TCD/COUNTY shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Provider.
7. PUBLIC RECORDS COMPLIANCE: Provider must comply with Florida public
records laws, including but, not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Provider shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Provider in
conjunction with this contract and related to contract performance. The County shall have
the right to unilaterally cancel this contract upon violation of this provision by the Provider.
Failure of the Provider to abide by the termis of this provision shall, be deemed a material
breach of this, contract and the County may enforce the terms of this provision in the form
of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceed�ing. This provision shall survive
any termination or expiration of the contract.
The Provider is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.07011 and the terms and conditions of this, contract, the Provider is
required to:
(1) Keep, and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this, chapter or as
otherwise provided by law.
Key West Chamber of Commerce
Visitor Information Services- FY 2022
ID#: 2606
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(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and fol:lowing completion of the contract if the Provider does
not transfer the records to the County,
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Provider or keep and maintain public records that would be required
by the, County to perform the service. If the Provider transfers all public records to the
County upon, completion of the contract, the Provider shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Provider keeps and maintains public records upon completion of the
contract, the Provider shall meet all applicable requirements for retaining public records.
Alli records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County,
(5) A request to, inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Provider of the request, and the Provider must
provide the records to the County or allow the records to be inspected or copied within a
reasonable timie.
If the Provider does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Provider. A Provider who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section1 19,10, Florida Statutes.
The Provider s,hal'il not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY
TO PROVIDE PUBLIC RECORDS RE LATING TO THIS CONTRACT
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
AT PHONE# 305-292-3470 BRADLEY-BRIAM-i).,,M0NR0EC0tJNTY
FL.GOV,, MONROE COUNTY ATTORNEY'S OFFICE 1111 121—H Street,
SUITE 408, KEY WEST,, FL 33040,
8. TERMNATION: 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. In the event that the Provider shall be, found to be
negiligent in any aspect of service, the COUNTY shall have the right to terminate this
agreement after five days written notification to the Provider.
Key West Chamber of Commerce
Visitor Information Services—FY 2022
ID#: 2606
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Upon any termination including the natural termination of this Agreement, Provider shall
deliver to the County alll papers, software, equipment and other material related to the
work performed under this agreemient.
9. 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 alll 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 client's interest which may conflict with the interest of the County
and TDC.
10. LAWS AND REGULATIONS- Provider shall comply fullly with all Local, State and
Federal laws and regulations, including state and local licensing laws and ordinances,
11. 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.
12. FINANCE CHARGES: The County and TDC will not be responsible for any finance
charges.
13. FORCE MAJEURE: Provider shall not be liable for delay in performance or failure
to perform, in whole or in part, the services dune 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, draught or other
act of God, act of any governmental authority, jurisdictional action, or insufficient supply
of fueI, 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.
114. ASSIGNMENT- The Provider shall not assign, transfer, convey, sublet or
otherwise dispose of this, agreement, 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,
115. COMPLIANCE WITH LAWS-NONDISCRIMINATION: County and Provider agree
that there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Provider agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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04
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nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act
,of 1964 (PL 88-352) whilch prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps-, 4) The Age Discrimination Act of 1975„ as
amended (42, USC ss. 6101-61107) which prohibits discrimination on the, basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PIS 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol:,Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P,L 91-616)1, as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 52,3 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civiil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 199O (42 USC s. 12101 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
14, Article III, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11), any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
116. INSURANCE: The Provider shall maintain the following required insurance
throughout the entire term of this agreement 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 agreement 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 agreement.
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 agreement 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
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk
Management.
A. Prior to the commencement of work governed by this agreement the
Provider shall obtain Workers' Compensation Insurance with limits sufficient to respond
to Florida Statute 440.
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 agreement.
Coverage shall be provided by a company or companies authorized to
transact business in the state of Florida and the company or companies must maintaiin a
minimum rating of A-V1, as assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by thiis agreement, the
Provider shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the agreement and include, as a minimum-
0 Premises Operations and Contents
0 Products and Completed Operations
0 Blanket Contractual Liability
0 Personal Injury Liability
0 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
$11,000,000 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
agreement. In addition, the period for which claims maybe 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,
17, GOVERNING LAWIVENUE: This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to agreements 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
I
County, Florida. This Agreement shalll not be subject to arbitration.
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 26016
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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 submitted to
mediation prior to the institution of any other administrative or legal proceedings.
18. ENTIRE AGREEMIENT- This writing embodies the entire Agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not
merged Therein 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.
19. 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, alll data entered into the Monroe County Tourist
Development Council's computer network system shall be County material.
20. 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.
21. 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 Monroe County Attorney
1201 White Street, Suite 102 PO Box 1026
Key West, FL 33040 Key West, FL 33041
FOR PROVIDER
President
Key West Chamber of Commerce
510 Greene Street, 1st Floor
Key West, FL 33040
22. 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 2022
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23. ETHICS CLAUSE: Provider warrants that it has snot 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, agreement without liability and may also,, at its
discretion, deduct from the agreement 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.
24. 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 oir repair of a public building or
public work, miay 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 statemient above,
25. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the Provider and the TDC/130CC in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into
by the COUNTY be required to contain any provision for waiver.
26. SECTION HEADINGS: Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the iinterpretation of any provision
of this Agreement.
27. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the TDC/BOCC and Provider and their
respective legal representatives, successors, and assigns.
28. COOPERATION- In the event any administrative or legal proceeding is instituted
against either party relating, to the formation, execution, performance, or breach of this
Agreement, TDC/130CC and Provider agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
TDC/BOCC and Provider specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Key West Chamber of Commerce
Visitor Information Services— FY 2022
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29. COVENANT OF NO INTEREST- Provider and TDC/130CC covenant that neither
presently has, any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this, Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement,
30. CODE OF ETHICS: TDC/BOCC agrees that officers and employees of the
TDC/BOCC recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
31. PRIVILEGES AND IMMUNITIES: AlIl of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY shall
apply to the same degree and extent to the performance of such functions and duties of
such officers,, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
32. E-VERIFY: In accordance with F.S. 448.095, Provider shall utilize the U.S.
Department of Homeland Security's E-Verify system; to verify the employment eligibility
of all new employees hired by the Provider during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
Key West Chamber of Commerce
Visitor Information Services— FY 2022
ID#: 2606
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WITNESS WHEREOF, the parties hereto have executed this agreement the
t ""` r ti ear first above wrltten
of
Board ofCounty Commissioners
u In M dok,Cleric of Monroe County
As Deputy Clerk Mayor/Chairman
PM W.D 6510 !
CMRNS[B*Bff:LIISi&FYl4,B1ARR[DVIYS,
The Greater Key West Chamber of Commerce,Inc. "55�T�� "
Presldent
w
Pram Name
AND TWO WITNESSES
(2) ,
Print Name; �� Print Narme; o r%Lek
bate. ,�- " _ Date: / !ate
Key Mst Chamber of Conwierre
V16110r Infomnetlon Services--FY 2022
ID#; 2606
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00
I-
Exhibit A
Mail Fulfillment Required Data
o Name
• Business Name (if Travel Agent or Business Address)
• Street Address,
• Zip Code
• City
• State or Province
• Country (if non-U.S.)
Vi'sitor Information Survey
• What kinds of activities are you interest in?
a. Fishing Deep Sea b. Fishing Back Country
C. Diving d. Snorkeling
e. Marinas f. Sailing
9. Boat Rentals h. Attractions
i. Dining/Entertainment j. Weddings
k. Real Estate/Relocation 1. Coupon Book
ml Giuided/Nature Tours n. Water Sports
0. Cultural Events/Theatre/Music p. Fishing Tournaments
q- Honeymoons r. Kids/Family/Vacations
s. Weather t. Eco, Friendly/Sustainable Activities
u. Spe641 Event or Festival
• What Kind of accommodations are you interest in?
a. Hotel/Mlotel b, B&B/Guesthouses
c. Vacation Rentals d. Campground/R.V. Parks
• Are you a travel agent or consumer?
• What month are you planning to travel to the Florida Keys?
• How are you traveling?
a. Commercial Airline b. Private Plane
C, Automobile d, Tour Bus
d. RV e. Private Boat
f. Fly/Drive 9- Undecided
• How long will you stay?
• How many people will be in your travel party? Children under 17?
• What number did you dial', to reach us today?
• Do you recall seeing any advertising for the Florida Keys and Key West in the past 3 months?
If so, what and where?
• Have you visited the Florida Keys and Key West in the past 3 years?
• Would you like an electronic or paper brochure?
Key West Chamber of Commerce
Visitor Information Services— FY 2022
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Exhibit B
Generic Destination
Frequently Asked Visitor Questions & Appropriate Responses
Q.1- How long does it take to see the entire Florida Keys?
A.1. About one to two weeks
Q.2, How can I get to the Florida Keys?
A.1 The Florida Keys are directly accessible by plane, via our two airports Marathon and Key
West, car, bus, and ferry. You can also travel to nearby destinations in Florida via train, plane, bus,
etc. and continue on the Keys through a rented car, shuttle service, ferry or bus,
i
Q.3. Is there a web site where I can find more information on the Florida Keys?
A.3,, Yes, www.fla-keys.com
QA How long does it take to get to the Keys?All times and distance are to the Upper Keys. Add one
hour to times for Middle Keys and two hours to times for Lower Keys.
A.4. City, State Miles Kilometers, Driving Time
Miami, FL 5O 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 1,5010 18 hours
Louisville, KY 1,140 1,824 23 hours
Q.5. Do you know of any special deals or bargains?
A.5. If you know of any special deals or bargains from accommodations please provide to the caller
or else state: Special deals or bargains can generally be found in our off season. Accommodation prices,
generally begin reducing during the early summer months and are lowest generally during the fall.
However, special events or holidays can affect prices.
Q.6. I've heard there is a hurricane/tropical storm headed to the Floirida Keys, how can I get more
information?
A.6. You can visit the official Florida Keys and Key West website, www.fia-keys.,com, for informiation
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 visit www.nhc.n2gA._qov at 5 a.m. or p.m. and
11 a.m. or p.m. for their tropical advisory.
Key West Chambeir of Commerce
Visitor IInformation Services— FY 2022
ID : 26016
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Q.7. Do you have any LGBTQ+ friendly accommodations?
A.7. There are LGBTQ+ friendly accommodations throughout the Florida Keys. You can visit the
official Florida Keys and Key West website, wwwj I a-keys.corn, to see which accommodates are self-
designated as LGBTQ+ friendly.
Ql.8. What types of accommodations do you have?
A.8. Provide caller with categories of accommodation types available iin your area such as Hotels,
Motels, Bed and Breakfasts, Guest Houses, RV Parks, Campgrounds, and Vacation Rentals. 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.
Q.9. What type of restaurants do you have?
A.9. Highlight unique dining experiences of the Florida Keys and Key West, such as local seafood or
conch-fusion cuisine, while also providing the 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, chains, etc. also use descriptive terms for restaurants in
your area where appropriate. For example, "We have many wonderful dining choices including
restaurants specializing in your famous local cuisine which infuses Cuban, Bohernian, 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:
Q.1 O. Is there any nightlife available?
Q11. What types of family activities, are there?
QA2. Where can I (snorkel, dive, fish, swim, sail, visit the reef),?
Q.13. Do you have any special events going on;?
Q.14. Are there any pet friendly accommodations?
Q.15. What options are available in voluntouri'sm or ecotourism?
Key West Chamber of Commerce
Visitor Wormation Services— FY 2022
ID#: 2606
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