Item D12 D12
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: D12
2023-2481
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 Key Largo
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 Key Largo 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 V approved at their meeting of April 9, 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 Largo Chamber VISAmendment and Original Agree ent.pdf
FINANCIAL IMPACT:
1481
121 79010 SC_00036 $156,555/year
Insurance to be provided after BOCC approval
1482
AMENDMENT (1STAMENDMENT) 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
Key Largo 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 Largo Chamber of Commerce—VIS FY 2022
Contract ID#: 2602
1483
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
As Deputy Clerk Mayor/Chairman
Key Largo Chamber of Commerce, Inc.
By", 40 '
Pres"rden ,,
g, j
Print Name
AND TWO WITNESSES
° O
a
f .r
Print Name Print Name
( )
Date � � Date
Amendment#1
Key Largo Chamber of Commerce—VIS FY 2022
Contract ID#: 2602
1484
rr Uj
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KEY LARGO 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 Key Largo 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 furnishiing Visitor Information Services to County for
twenty-three years; and
WHEREAS, County and Provider currently have a contractual arrangement for
services through September 30, 2021; 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
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, 2,024. 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),, a,nd from the Chamber's (305) line(s) with information about the Florida
Keys, and any specified district destination within the Keys.
b. The Provider shall retrieve and record all information from callers or e-mail inquiries
resulting in mail fulfillment required by the VIS software program provided by the
County, which includes the name, address and zip code of the caller. The Provider
shall request that all callers complete the TDC Visitor Inquiry Survey. Provider shall
verbally survey consenting callers on a list of questions provided by the TDC, and shall
record the visitor responses in the VIIS software, according to Exhibit A attached
hereto. The TDC miay request that Provider refer e-mail inquiries to a web survey in its
return correspondence via web link provided by the TDC.
Key Largo Chamber of Commerce
Visitor Information Services—FY 2021
ID#: 2602
00
c. Provider shall respond to all e-mail (Internet) inquiries for fulfillment requests and
interact with potential visitors requests for destination information.
d. Provider shall give the TDC official website address www.fla-keys,.com as the first
response for destination website 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 supplied banner
ad hyperlinked 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 preferential treatment for any entity having
a business relationship with the Provider. Further, Provider, shall have and maintain
the following:
(i) a binding agreement to hold harmless and indemnify the County from any
claims of liability, loses and causes of action which may arise out of or as a
result of the referrals;
(ii) general liability insurance with a minimum of $1 million coverage which
includes Monroe County as a named insured; and
g. All visitor-related collateral requests shall be entered into the TDC VIS system on a
daily basis by Provider to be accessed by the TD,C. 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 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 affirmatilvely 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.
Key Largo Chamber of Commerce
Visitor Information Services— FY 2021
ID#: 2602
2
00
i, The provider shall provide live telephone and Internet service, the minimum of which
shall be as follows regular working hours of 9:00 a.m. to 5.00 p.m. Monday through
Friday, 9-00 a.m. to 4-00 p.m. on Saturday, 9:00 a.m. to 3:00 p.m. on Sunday. The
Provider may be closed on Thanksgiving, Christmas Eve afternoon, Christmas Day,
New Year's Day, Memorial Day, Easter Sunday, Fourth of July and Labor Day. Sub-
contracted live operator(s), voicemiail, answering imachine or similar procedures will be
provided to capture required information during off hour operation.
j, The Provider shall provide Visitor Information Services to visitors walki'ing into the
facility during the regular working hours of 9:00 a.m. to 5:00 p.m. Monday through
Friday, 9:00 a.m. to 4:00 p.m. on Saturday, 9:00 a.m. to 3-00 p.m. on Sunday. The
Provider will be closed on Thanksgiving, Christmas Eve afternoon, Christmas Day,
New Year's Day, Memorial Day, Easter Sunday, Fourth of July and Labor Day.
k. Provider may cease fulfillment of service 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
ii. 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 VI'S software
aind 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 eq:uipmient and
Internet connections utilized by the staff members to access, the Internet in fulfillment
of Visitor Information Services requiremients,. The TDC shall be responsible for the
provision and proper maintenance of the VIS software.
m. The Visitor Information Service program is subject to review and periodic change by
the Monroe County Tourist Development Council. Any significant change resulting in
additional costs and/or time in the scope of services, requires the written and signed
consent of both parties as an amendment to this Agreement.
n. The toil-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.
Key Largo Chamber of Commerce
Visitor Information Services•-FY 2021
ID#: 2602
3
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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 irecommended tourism operator responses,
(See EXHIBIT B) Provider shall 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 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 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. — 5-00 p.m., Monday through Friday: excluding holidays and
other business closures permitted iin this Scope of Services. County shall provide
Contact Me feature via Chat Live software on the TDC website to send call and!/or
email requests directly to the Chambers of Commerce.
t, Provider shall install TDCs online booking, system, for District V lodging properties on
chambers website.
u. Provider at its own cost shall install a computer kiosk or electron ic/d igital technology in
the districts visitor center to conduct Digital Visitor Survey's and provide the collected
information to TDC
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 $156,555
(One hundred fifty-six thousand five hundred and fifty-five dollars) per year. Amount
shall be paid in twelve (12) monthly payments of $13,0416.25 (Thirteen thousand and
forty-six dollars and twenty five cents) per year pursuant to the Florida Local
Government Prompt Payment Act upon receipt of a proper invoice with supporting
Key Largo Chamber of Commerce
Visitor Information Services— FY 2021
ID#: 2602
4
00
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 annual agreement amount shall remain $156,555/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 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) aind 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 Subconitractor(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 thiis 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
agreement. The Provider shall provide TD,C/BOCC access to any of the books, records or
Key Largo Chamber of Commerce
Visitor Information Services— FY 2021
iD#: 2602
5
C)
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 IProviider 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 TD,C/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, alll documents, records, papers, letters or other "public record"
materials iin 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 terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of thiis 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 proceeding, 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. 119.0701 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.
(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 following 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 record's 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
Key Largio Chamber of Commerce
Visitor Information Services—FY 2021
ID#: 2602
6
shall meet all applicable requirements for retaining publlic recordis. All 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 time.
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,
notwi�thstandiing 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 sectiloril 1:19.1 0, Florida Statutes.
The Provider shall 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 STATtJTES, TO THE PROVIDER'S D1JTY TO
PROVIDE PUBLIC RECORDS RELATING TO, THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, MAN BRAD LEY AT P110NE#
305-292-3470 BRADLEY-BRIAN(),MO,NROEC'OUNI'Y-Fl,.GOV, MONROE
CQUN'FY AT'FORNEY'S OFFICE 1111 121H Street, SUITE 408, KEY W,EST, FL
33040.
8. 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. In the event that the Provider shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the Provider.
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 agreement,
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 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
client's interest which may conflict with the interest of the County and TIC.
Key Largo Chamber of Commerce
Visitor information Services-FY 2021
0#: 2602
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10. LAWS AND REGULATIONS: Provider shall comply fully 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 failuire 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.
14. ASSIGNMENT: The Provider shalll 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,
15. COMPLIANCE WITH LAMS-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 comiply with all Federal and
Florida statutes, and all local ordinances, as aipplicable, relating to nondiscriminatilon. These
include but are not limited to: 1) Title Vil of the Civil Rights Act of 1964 (PL 88-352) which
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. 6101-6107) which pirohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
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 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism-, 7) The Public Health Service Act of 1912, ss. 523 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 Civil 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
Key Largo Chamber of Commerce
Visitor Information Services— FY 2021
ID#: 2602
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Disabilities Act of 1990 (42 U'SC s. 12,1101 Note), as maybe, amended from time to time,
relating to nondiscrimination on the basis, of disability; 10) Monroe County Code Chapter 14,
Article I[, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, fam filial 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.
16. 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 iin the comipletion 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 miaintain 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 "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:
$1100,900 Bodily Injury by Accident
$5010,000 Bodily Injury by Disease, policy limits
$1 O0,000 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 maintain a minimum
rating of A-V1, as assigned by the A.M. Best Company.
Key Largo Chamber of Commerce
Visitor information Services— FY 2021
ID,#: 2602
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B. Prior to the commencement of work governed by this agreement, the Provider
shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the agreement and include, as a minimum:
Premises Operations and Contents
Products and Comipleted Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$11,000,000 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
agreement. 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.
17. GOVERNING LAW/VENUE- This Agreement shall be governed by and construed iin
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
shalil 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 submitted to mediation
prior to the institution of any other administrative or legal proceedings.
18. ENTIRE AGREEMENT: 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 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.
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, all data entered into the Monroe County Tourist
Development Council's computer network system shall be County material.
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20. SEVERABILITY: If any provis,ions, 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, TIC AND Monroe County Attorney
1201 White Street, Suite 102 PO Box 1026
Key West, FL 33040 Key West, FL 33041
FOR PROVIDER
President
Key Largo Chamber of Commerce
106000 Overseas Highway
Key Largo, FL 33037
22. AUTHORITY: Each of the signatories for the Provider below certifies and warrants
that:
a) The Provider's namie 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.
23. ETHICS CLAUSE: Provider warrants that it has not employed,, retained or otherwise
had act on fits 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 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,
24. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on
the convicted vendoir 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
Key Largo Chamber of Commerce
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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.
25. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Provider and the TDC/BOCC inn this Agreement and the
acquisition of any commiercial 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 Hability coverage, nor shall any contract entered Tinto by the COUNTY be required to
contain any provision for waiver.
26. SECTIONI HEADINIGS- 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 interpretation 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/BOCC 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. TDCIBOCC
and Provider specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
29. COVENANT OF NO INTEREST: Provider and TDC/BOCC covenant that neither
presently has any interest, and shall not acquire any interest, which would, confllict 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 1,112.313, 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: All 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,
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32�. IENERIFY�- 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. Departmient of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
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THE aS WHEREOF, the parties hereto have executed this agreement the day
r t above vwr*en
Berard of County Commissioners
n Mladtrii,Clark of Monroe County
As Deputy Clirk Mayor/Chairman
Key Largo Chamber of Commerce, Inc. MONROE COUNTY AT 0PMY
26 ,rrp.
aw&
ASS�SIANT COMY ArOANEY
E41 DATE
Print Name 'Y
AND TWO WITNESSES
A
Print Name: Print Name:
Key Largo Chamber of Cornmerae
VIshor inform Mion Serview—FY 2021
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Exhibit A
Mail Fulfillment Required Data
• Name
• Business Name (if Travel Agent or Business,Address)
• Street Address
• Zip Code
• City
• State or (Province
• Country (if non-U.S.)
Visitor Information Survey
o 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 EstatelRelocation, 1. Coupon Book
M. Guided/Nature Tours, in. Water Sports
01. Cultural Events/Theatre/Music p. Fishing Tournaments
q. Hioneymoons r. Kids/Family/Vacations
S. Weather t. Eco Friend ly/Sustainable Activities
U. Special Event or Festival
c) What Kind of accommodations are you interest in?
a. Hotel/Motel L B&B/Guesthouses
C. Vacation Rentals d. Campgrou!nd/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. Fl;y/Drive g. Undecided
• How long wills you stay?
• How many people wflll 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?
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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?
i
A.11. About one to two weeks
02 How can I get to the Florida Keys?
A.I 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.
03. Is there a web site where I can find more information on the Florida Keys?
A.3. Yes, www.fla-kleys.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.
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, FIL 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 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 Florida Keys, how can I get
more information?
A.6. You can visit the official Florida Keys and Key West website, www.fla-keyas.com, for
information such as any storm warnings affecting the Florida Keys, answers to frequently
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asked questions about hurricanes, and other tips for visitor safety. You can also visit
www.nhc.noaa.go at 5 a.m. or p.m. and 11 a.m. or p.m. for their tropical advisory.
0.7. 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, www.fla-keys.com, to see which
accommodates are self-designiated as LGBTQ+ friendly.
Q.8. What types of accommodations do you have?
A.8. Provide caller with categories of accommodation types available in 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 yo,uir area where appropriate. For example,, "We have
many wonderful dining choices including restaurants specializing in your famous local cuisine
which infuses Cuban, Bohemian, and American specialties, fresh local seafood, fine-dining,
famiiily-style and casual restaurants"
In addition, Operators should be able to provide information appropriate to their area for the
following questions:
Q.10. Is there any nightlife available?
Q1 1 . What types of family activities are there?
Q.12. Where can I (snorkel, dive, fish, swim, sail, visit the reef)?
Q.11 Do you have any special events going on?
Q.14. Are there any pet friendly accommodations?
Q.15. What options are available in voluntourism or ecotourism?
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