Item D14 D14
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: D14
2023-2479
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
Marathon 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 Marathon 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 III 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:
Marathon Chamber VISAmendment and Original Agree ent.pdf
FINANCIAL IMPACT:
1522
119 79010 SC_00036 $176,400/year
Insurance to be provided after BOCC approval
1523
AMENDMENT 1STAMENDMENT TOAGREEMENT
THIS AMENDMENT to Agreement dated on the IT 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 Marathon 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
Marathon Chamber of Commerce—VIS FY 2022
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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
MONROE COUNTY ATTORNEY
" 4PPRl�V.�::D AS TO FO
CHRIST INE LIMBERI'.E3ARROW S
ASSISTANT COUNTY ATTORNEY
DATE. -_4Lga4_....................._
u�I
Greater Mar hn Chamber of Commerce, Inc.
President
Print Name ' �"
AND TWO WITNESSES
Print Name Print Name
(2)
Date Date
Amendment#1
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MARATHON 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 Marathon Chamber of Commerce, Inc., a Florida non-
profit corporationi, ("Provider").
WITNESS,ETH.,
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, 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 beginining 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 iinquiries
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 TD,C Visitor Inquiry Survey. Provider shall
verbally, survey consenting callers, on a list of questions provided by the TD,C, and shall
record the visitor responses in the VIS software, according to Exhibit A attached
hereto. The TD,C may request that Provider refer e-mail inquiries to a web survey in its
return correspondence via: web link provided by the TDC.
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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 TD,C
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 on providers website (www.floriclakeysrnarathgL.com� hyperlinked to the Middle
Keys district landing page within www.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
mianner that provides fair and equitable distribution of referrals to all entities in
Provider's district, matching the inquirer's criteria, which collect aind 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, lloses, aind causes of action whiich 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 (1,8)
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 comp]y with the Telecommunications
Act, relevant Postal Regulations or other regulations regarding third party mail
distribution. The TDC VIIS software program will provide a recording mechanism
which Provider may use to, designate visitors who have affirmatively indicated a desire
to receive collateral maternal 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,
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i. The provider shall provide live telephone and Internet service, the minimum of which
shall be as follows: 9-00 a.m. to 5-00 p.m. Monday through Friday and 9:010 a.m. to
4:00 p.m. on Saturday and Sunday. The Provider may be closed on Thanksgiving,
Chiristmias Eve afternoon, Christmas Day:, New Year's Day, Memorial Day, Easter
Sunday, Fourth of July and Labor Day. Sub-contracted live operator(s), voicemaH,
answering machine or similar procedures will be provided to capture required
information during off hour operation.
j. The Provider shall provide Visitor Information Services to visitors walking into the
facility during the regular working hours of 9:00 a.m. to 5:00 p.m. Monday thirough
Friday and 9:00 a.m. to 4-00 p.m. Saturday and .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.
k. Provider may cease fulfillment of service minimums, as outlined in items i and j in this
agreement followings 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 for
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 Monroe County 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 callls re-routed by the TDC.
I. The Provider shall provide fast I niternet access to the TDC web site, TDC VIS software
and Chat Live web applications for all staff members fulfilling Visitor Information
Service program requirements as outlined in this agreement. The Provider shall be
responsible for the provision and proper maintenance of computer equipment and
Internet connections utilized by the staff members to access the Internet in fulfillment
of Visitor Information: Services requirements. The TDC shall be responsible for the
provision and proper maintenance of the VIS software.
m. The Visitor Information Service program is subject to review and periodic change by
the Monroe County Tourist Development Councilil. Any significant change resulting in
additional costs and/or time in the scope of services, requires the written and signed
consent of both parties as an amendment to this Agreement.
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n. The toll-free number telephone lines for which the tourist development tax pays, shall
i
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.
ip. 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 Commierce in Monroe County and to the
TDC, at a mutually agreed upon time and frequency, a list of the most frequently
asked questions by visitors about its district and the recommended tourism operator
responses. The TDC may also furnish to the Provider a list of visitors' frequent
generic destination questions and the recommended tourism operator responses.
(See EXHIBIT B). Provider shall disseminate the information to staff for training
purposes.
r. Provider shall respond to all Live Chat (Internet) requests and chat live with potential
visitors to fulfill their requests for destination information, 9:010 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 Mie 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 in 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 TDC's online booking system for District III lodging properties on
chambers website.
ul. 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 colllected 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 $176,400
(One hundred seventy-six thousand four hundred dollars) per year. Amount shall be
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paid in twelve (12) monthly payments of $14,700 (Fourteen Thousand seven hundred
dollars) 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 annual agreement amount shall remain $176,400/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) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, iln connection with, or by reason of services provided or not provided by Provider
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Provider or its Subcontractors in any tier, their employees, or
agents.
In the event that the service is delayed or suspended as a result of the Provider's failure to
purchase or maintain the required insurance, the Provider shall indemnify the County from
any and all increased expenses or lost revenue resulting from such delay. The first ten dollars
($10.00) of remuneration paid to the Provider is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. The provisions of this section shall'
survive the expiration or earlier termination of this agreement.
5. APPROVAL AND CHANGES: The TDC shall have the sole and exclusive right to
approve or reject changes to the software program, format of questions required to be asked
of callers, and other program requirements of the Visitor Information System, in which case
the TDC's directions shall be immediately implemented. Periodic monitoring efforts shall be
conducted by the TDC for the purposes of system review with feedback to Provider to
encourage improvement in the quality of service in conjunction with modifications to
established standards and training tools made available by TDC to the Provider.
6. RECORDS - ACCESS AND AUDITS- Separate and apart from the Provider's normal
business records, the Provider shall maintain books, records and documents concerning the
contracted services. As used herein, the term "records" includes electronic data. These
records shall be maintained in compliance with generally accepted accounting principles, and
such records must remain available for at least five (5) years after completion of this
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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, ruinning 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 terms 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 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 snot
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 al!l 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
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Provider keeps and maintains public records upon completion of the contract, the Provider
shall meet all applicable requirements for retaining public records. 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 iinformation 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,
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 sectionl 19.10, 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 STATUTES TO THE PROVIDER'S DUTY TO
PROVIDE PIJBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#
305-,292-3470 BRA DLEY-BRIANLMONROECOtJNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12""' Street,-SUITE 408, KEY WEST, 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 Mist 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 TIC all
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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 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 failure to
perform, in whole or in part, the services due to the occurrence of any contingency beyond fits
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 suipplies, 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 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.
15. 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 nondiscrimination. These
include but are not limited to: 1) Title VII 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 prohibits
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 aind Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to noncliscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 52,7 (42 USC ss, 690dd�-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
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records; 8) Title VII I of the Civill 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 1990 (42 USC s. 12101 Note);, as maybe amended from timie to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, 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.
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 aill 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 snot 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-
$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 maintain a minimum
rating of A-V1, as assigned by the A.M. Best Company.
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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 iinclude, as a minimum:
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
$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 (1'2) 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 in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is, instituted for the
enforcement or interpretation of the agreement, the County and Provider agree that venue
shalll 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 not other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded, In order to be effective, any amendment to this Agreement
shall be in writing, approved by the Board of County Commissioners of Monroe County, and
executed by both parties.
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
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purposes of the public records act, all 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
Marathon Chamber of Commerce
12222 Overseas Highway
Marathon, FL 33050
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.
23. ETHICS CLAUSE- Provider warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No, 10-1990, For breach or violation of the provision the County may, at its
discretion terminate this 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 vendor list following a conviction for public entity crime may not submit a bid on
a contract to, provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractoir, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
Marathon Chamber of Commerce
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amount provided in section 287,017, Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. By execution of this
document, Provider states that it is not disqualified by the statement above.
25. NON-WAIVER OF (IMMUNITY: Notwithstanding:, the provisions of Sec. 768.28, Florida
Statutes, the participation of the Provider and the TDC/BOCC 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 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. 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.
29, COVENANT OF NO INTEREST- Provider and TDC/BOCC covenant that neither
presently has any interest, and shall) not acquire any interest, which would confliict 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- 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 COUNiTY,
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32, ENERIFY: 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,
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IN Irk TNSSS VMEREOF4 the padies hereto have exeouted this agreement the day
and,year ffrai above wrttten
(SEAL), Board of C u my Comm signers
Aftest min Madoh,CkvM of(Monroe Co 5 .
11a�r+C.lerk Mayor/Chairman
Groater Marathon Chamber of Commerce,Inc.
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Prkd Name
AND TWO WITNESSES
Print Na": 011/ �if^ ' Print Dame: ' �,
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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.)
Visitor 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. Din inig/E ntertainment j. Weddings
k. Real Estate/Relocation I. Coupon Book
M. Guided/Nature Tours n. Water Sports
0. Cultural Events/Theatre/Music p. Fishing Tournaments
q. Honeymoons r. Kids/Family/Vacations
S. Weather t. Eco Friend ly/SustainabIe Activities
U. Special Event or Festival
• What Kind of accommodations are you interest in?
a. Hot6l/Motel 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. Commiercial Airline b. Private Plane
C. Automobile d. Tour Bus
d. RV e. Private Boat
f. Fly/Drive g. Undecided
• How longi 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?
Exhibit B
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Generic Destination
Frequently Asked Visitor Questions & Appropriate Responses
Q.1. How long does it take to see the entire Florida Keys?
Xl. 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.
Q.3. Is, there a web site where I can find more information on the Florida Keys?
A.1 Yes, www,fla-keys.com
Q.4. 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 501 80 1 hour
Ft. Myers, FL 2010 320 4 hours
Tampa, FL 3010 480 6 hours
Orlando, FL 280 450 16 hours
Gainesville, FL 380 61110 8 hours
Tallahassee, FL 530 850 10 hours
Jacksonville, FL 490: 780 101 hours
Savannah, GA 5301 850 11 hours
Macon, GA 6301 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
Birmingiham, AL 860 1,370 17 hours
Charlotte, NC 884 1,400 18 hours
New Orleans, LA 9101 1,500 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 Florida Keys, how can I get more
information?
A.6. You can visit the official Florida Keys and Key West website, www.fla-keys.com, for
information such as any storm warnings, affecting the Florida Keys, answers to frequently asked
questions about hurricanes and other tips for visitor safety. You can also visit www,nhc,noaa.goiv at 5
a.m. or p.mi. and 11 a.rn, or p.m. for their tropical advisory.
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Q.7. Do you have any LGIBTQ+ 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-
designated 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 your 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, family-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 niightlife available?
Q.1111. What types of family activities are there?
Q.1112. 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 voluntiourism or ecotourism?
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