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HomeMy WebLinkAboutItem D2 D2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: D2 2023-3986 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Kara Franker N/A AGENDA ITEM WORDING: Approval to pay for expenditures incurred by 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (VFK) for 1) Amendment to Agreement with Academy Street Collaboration for Consulting Services 2)Amendment to Agreement with HumaniHR for Human Resource services 3)Agreement with PrintFarm for material storage and shipping services 4)Agreement with Civitas for Professional Services. Approval to waive the Purchasing Policy for price quotes for Civitas is also requested. ITEM BACKGROUND: Visit Florida Keys authorized the Chairperson or Vice-Chairperson to sign agreements relating to the transition of agencies at their meeting of December 6, 2024. The agreement with PrintFarm was held by the previous Advertising Agency. Visit Florida Keys approved the amendments to the Agreement with Academy Street Collaboration and HumanHR, and at their meeting of April 10, 2025. Visit Florida Keys approved entering into an agreement with Civitas at their meeting of April 10, 2025. Subsequently, the scope of services approved by VFK has been revised, and the final Agreement will be placed before VFK at their meeting of June 17, 2025 for ratification. A draft Agreement is attached to this agenda item as approval of the expenditure. Approval to waive the purchasing policy regarding price quotes for this Professional Service is requested as Civitas is uniquely qualified in providing these services to Destination Marketing Organizations. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: 1807 STAFF RECOMMENDATION: Approval DOCUMENTATION: Print Farm Agreement.pdf 3rd Amendment Bill Hanbury.pdf 2nd Amendment Humani.pdf Draft Civitas Agreement with Addendum.pdf FINANCIAL IMPACT: Academy St. 116-75038 Humani FIR 116-76007 Civitas 115 75037 115 75039 115 75038 116 76066 116 76065 PrintFarm 1808 Material Storage and Packing Agreement THIS AGREEMENT (Agreement), made and entered into this day of , 20257 A.D., by and between 3406 North Roosevelt Blvd Corporation d/b/a Visit Florida Keys, (hereinafter called Visit Florida Keys), and The Print Farm.com, Inc. d/b/a PF Solutions (hereinafter called the Company). WITNESSETH: WHEREAS, Company has provided storage of materials and packaging of materials for trade shows for the Sales Department through a contract with a previous Agency of Record; and WHEREAS, 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (VFK), a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in part by the Monroe County Board of County Commissioners (County) previously authorized the Chairperson or Vice-Chairperson to sign agreements relating to the transitions of agencies at their meeting of December 6, 2024; and WHEREAS, Visit Florida Keys desires to enter into this Agreement to continue the services provided by Company; and NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows- 1. Scope of Services: Company shall provide storage and packing services for materials utilized by the Sales Department for trade shows. The company will store materials such as printed items, USB drives , bags booths etc. for Visit Florida Keys for use at trade/travel shows. Company currently has 25 skids of materials that are warehoused. Company hosts and maintain web site and pulls materials upon online orders. These items are all available online for ordering pick and pack orders box and ship products on demand pick and pack orders and prepare for freight shipments for needed shows. 2. Term: The Agreement shall commence retroactively to February 1, 2025 and terminate on January 31, 2026. Payment: Payment shall be in the amount of $2,004/month for storage and packing services upon receipt of an invoice in accordance with the Local Government Prompt Payment Act, F.S. 218.70. Cost of the shipment shall be paid via Visit Floria Keys FedEx account or other shipping account. The following provisions are required by law and policy. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear 1809 interest pursuant to the Local Government Prompt Payment Act. Company shall submit to VFK invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (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. This Agreement is subject to the approval of payment of the expenditure under this agreement by the County. No valid contract exists, and no payments shall be made until approved by the Monroe County Board of County Commissioners. The Count�'s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Maintenance of Records: Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the termination of this Agreement. If an auditor employed by VFK, the County or the Clerk determines that monies paid to Company pursuant to this Agreement were spent for purposes not authorized by this Agreement, Company shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Company. Governing Law, Venue, Interpretation, Costs, and Fees: 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 this Agreement, the Customer and Company agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-pre prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Nondiscrimination: The Parties 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. The Parties agree to comply with all Federal and Florida statutes, and all local 1810 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 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 s. 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 time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, 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. Public Records Compliance. Company 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. VFK and Company 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 Customer and Company in conjunction with this contract and related to contract performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision by Company. Failure of Company to abide by the terms of this provision shall be deemed a material breach of this contract and the Customer 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. Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Customer and Company 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. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party 1811 claim or entitlement to or benefit of any service or program contemplated hereunder, and VFK and the Company agree that neither the Customer nor the Company or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of VFK in his or her individual capacity, and no member, officer, agent or employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland S ccurity'.5 F-Verify system to verify the work authorization status of all new employees hired by the Company 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 :F-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of F.S. 448.095 Non-Collusion Affidavit- Company by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Company, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 1812 IN WITTNESS WHEREFOR, the parties have set their hands and seal on the day and year first above written. 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys By Chairperson Print Name Date: Print Farm President Print Name Date: 1813 Amendment #3 to the Consulting Agreement THIS AMENDMENT to the Consulting Agreement dated the September 24, 2025, is entered into on this day of April 2025 by and between the 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (Client), a nonprofit corporation incorporated in the State of Florida and William A. Hanbury, Academy Street Collaboration, LLC (Consultant). WHEREAS, there was an Agreement entered into on September 17, 2024, between the parties for the Consultant to provide consulting services to the Client; and WHEREAS, Amendment #1 dated December 10, 2024, extended the Agreement to January 17, 2025; and WHEREAS, Amendment #2 dated January 13, 2025, extended the Agreement to June 5, 2025, and expanded the scope of consulting services; and WHEREAS, it has now become necessary to amend the Agreement again to amend and extend the consulting services scope for an additional four month period from June 6, 2025, to October 6, 2025; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to amend the Agreement as follows: 1. The Consultant Deliverables and Services Provided shall be revised to include the following new deliverables and services and the continuation of services as set forth below for the term of June 6, 2025 to October 6, 2025: Consultant Deliverable and Services Provided for the Period of June 6, 2025, to October 6, 2025 1) The Consultant will continue to lead the Sales Department, as Interim DOS, until the new Vice President of Sales and Services is employed. At that point, the Consultant will assist in onboarding the new employee. Up until then, the 1 1814 Consultant will continue lead weekly sales meetings, coordinate sales mission and tradeshow staff assignments, oversee Sales Department financial authorizations, and if necessary, participation in selected sales department assignments. Further, the Consultant will continue to play a role in the coordination and partner support for World Pride 2025, to be held in Washington DC in late May and early June 2025. 2) The Consultant will continue to direct the eleven-week destination marketing organization (DMO) training program for all VFK employees. Six sessions have been completed. Each employee is participating in the eleven one-hour training modules which cover various DMO best practices and tourism industry knowledge. The program has added an additional session to accommodate the Florida Ethics Institute's "Complaint Compliance" training session for both VFK staff and TDC Board Members. 3) Further, the Consultant will continue to support new employee onboarding and other training activities as required by the organization. 4) The Consultant will continue to assist the Vice President Marketing & Communications in building the VFK management structure for internalizing public relations functions, and oversight of the new external Agencies of Record. 5) The Consultant will lead the drafting and issuing of a new RFP for exhibition design, build, and logistic services. The timeframe for this process is June through August 2025. As needed, the Consultant will advise the RFP Selection Committee during the evaluation process of RFP respondents. 6) The Consultant will continue to collaborate with the Vice President of Technology & Partnerships and the Senior Director of Strategy & Special Projects concerning website/digital platform development and new partner initiatives, respectively. As the organization builds the new website and develops partnership tracking/communications systems for over 2,500 stakeholders across the Keys, the Consultant will keep DMO best practices at the forefront of these initiatives. 7) The Consultant will continue to assist the CEO with the DestinationNEXT strategic planning process. This program is at an important stage of seeking 2 1815 input from stakeholders across the Florida Keys and Key West. The project has become a top organizational priority. 8) The Consultant is currently directing the authoring of the Sales Department's portion of the FY2025-26 Marketing Plan. Also, the Consultant is advising the Vice President Marketing & Communications, and other senior VFK leadership relative to authoring their departmental components of the Marketing Plan. Further, the Consultant is working with the CEO and COO/CFO regarding the development of the FY2025-26 Budget to assure synchronization with the Marketing Plan across all VFK departments. 9) The Consultant will continue to provide oversight for the contracts and scope of work renewals for VFK's International Agencies of Record in Canada, the United Kingdom, and the European Union. 10) The Consultant will work on the following deliverables and services as outlined in the original Consulting Agreement. This includes: a) Complete the final steps of the TDC/VFK Remediation Plan relative to the Cherry Bekaert Risk Assessment and the four County Audits; plus, complete the implementation of the Florida Ethics Institute's TDC/VFK Policies and Procedures recommendations. b) Assist the CEO as needed with employee recruitment and searches by identifying and vetting perspective employees. c) Work with the CEO regarding internal organizational structure. d) Advance the VFK preparations relative to the eventual DMAP accreditation process which is now expected to begin in July 2025. e) Participate in weekly senior leadership meetings and full staff meetings. f) Address short-term issues/topics as identified by the CEO, which may require resolution. g) Report to the CEO on a day-to-day basis and be part of all regular meetings regarding management strategy and tactics, either in person or via zoom. 2. The TERM OF THE AGREEMENT shall be revised to add the following: The Term of the Agreement shall be extended for a period to begin on June 6, 2025, and will remain in full force and effect until October 6, 2025, or subject to earlier termination as provided by the original Agreement. 3 1816 3. The COMPENSATION shall be revised to add the following: For services rendered by the Consultant, as required by this Amendment 3 to the Consulting Agreement, the Client will provide compensation for the Consultant of $250 per hour for up to 60 hours per month of the Consultant's allocated time for a cost not to exceed $15,000 monthly. The total billable-hour cost of the four-month Consulting Assignment will not exceed $60,000. The Consultant will invoice the Client monthly for services previously rendered in the month. No billable time will be allocated by the Consultant for travel time to and from Key West. 4. The REIMBURSEMENT OF EXPENSES shall be revised to add the following: Estimated travel expenses forthe four-month timeframe, June 6 to October 6, 2025, will not exceed $12,000. Expenses will not be billed if not incurred. The Consultant will continue to adhere to all VFK expense provisions as required by the original agreement. 5. All other provisions, as noted in the original Consulting Agreement, as amended by Amendment 1 and 2 remain in full force and effect. In witness therefore the parties have set their hands and seal on this day and year first written above: 3406 North Roosevelt Blvd. Corporation Academy Street Collaboration, LLC d/b/a Visit Florida Keys By By_ — Chairperson Principal Print Name Print Name Date Date 4 1817 Amendment(2nd Amendment)to Services Agreement THIS AMENDMENT to Agreement dated this day of 2025 is entered into by and between the 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (Client), a corporation incorporated in the State of Florida and Humani HR Co. (Humani) WHEREAS, there was an Agreement entered into on September 24, 2024, between the parties for Humani to provide consulting services to Client; and WHEREAS, the Agreement was revised by the 1 st Amendment to the Agreement to allow for the reimbursement of Human Resource Software; and WHEREAS, with the addition of the Human Resource Software and the services provided thus far, the contract is due to exceed $100,000.00 and needs to be revised as set forth herein; and WHEREAS,VFK staff wishes to continue to contract with Humani to provide ongoing human resource services; and WHEREAS,there were price quotes obtained when this service was originally procured, and it was then determined that Humani was the best provider of services given the level of service and type of services offered and other qualitative considerations; and WHEREAS,VFK staff has sought a waiver of the procurement policy from the VFK board and Monroe County Board of County Commissioners in order to waive the requirement to seek additional price quotes and to engage in a competitive solicitation as Humani has proven to be a well-qualified professional service and utilizing their service would be more cost effective than seeking to hire staff to perform these services; and NOW THEREFORE, in consideration of the mutual covenants contained in herein, the parties agree to amend the Agreement as follows: 1. Paragraph 3 of the Agreement shall be revised to read: The term of this Agreement (the "Term")will begin on the date first stated above in this Agreement to September 30, 2027. 2. Paragraph 8 should be deleted. 3. Appendix of the Agreement shall be revised as attached hereto 4. The remaining provisions of this Agreement dated September 24, 2024, as amended shall remain in full force and effect. 2nd Amendment to Agreement— Humani HR 1 1818 IN WITTNESS WHEREFOR, the parties have set their hands and seal on the day and year first above written. 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys By Chairperson Print Name Date: Humani HR Co. Principal Print Name Date: 2nd Amendment to Agreement— Humani HR 2 1819 40 C14 O Q) .......... Q) il"', 0 C", Q) 0 Q 0 Q) Q ........ ........ Q) Q) 0 Q) Q) 0 0 Of D C Of Of C"i ry ro, Q) x Q) "j, Of Q D( "i Qf m > y E Q) of ("Cf (�) Of, Y > o I Of Of 0 cli 0 .. ........ Of o Q) U) 0 (f) Of Of ii... . ....... Q) 0 o Q) Q) Q) Q Q > Q) Of Of era x C"I o""i OCi C"I Q) > CL T- C14 0" C:: .... .... ",,...... ...) t C) 5, . ........ ...... .... i6 ..... ...... 0,,7 4= (u 0 . . ........ ...... ..... ..... cli ... ....... . ..../ ..... .... C) 0" 0, 01") Q'I .. ........ ........ N CIVITAS April 28, 2025 Ms. Diane Schmidt 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys 1201 White St, Suite 102 Key West, FL 33040 Dear Diane, 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys ("VFK") desires to hire Civitas Advisors, Inc., a California corporation, ("Civitas"), (collectively"the Parties"), to provide professional services related to reviewing and editing organizational documents. This Agreement ("Agreement") sets forth the terms and conditions of the agreement between the Parties. 1. Services The scope and terms of the services are described in Exhibit A, Scope of Services and Fees, ("SOSF") which shall be incorporated herein by this reference. Civitas agrees that, at all times, it will faithfully, industriously and,to the best of its skill, ability, experience, and talents,will discharge its tasks and functions hereunder. Unless otherwise specified, Civitas shall furnish the materials, equipment, and other resources necessary to perform the services. 2. Term This Agreement starts on and continues for one year ("Term"), unless earlier terminated in accordance with Section 14 (Termination).Any extension of the Term is subject to a mutual written agreement between VFK and Civitas. 3. Fees and Payment As full compensation for the services provided to VFK in this Agreement,VFK shall pay Civitas the fees specified in the SOSF (the "Fees"), payable monthly. VFK will pay all undisputed Fees within thirty (30) calendar days after VFK's receipt of an invoice submitted by Civitas. The total amount of this Agreement shall not exceed $100,000. Of this amount, $25,000 will be invoiced during this fiscal year ending September 30, 2025. 1822 N CIVITAS 4. Relationship of the Parties Civitas enters into this Agreement as, and shall continue to be, an independent contractor. Civitas shall act in accordance with this status and shall not, nor shall Civitas employees, hold Civitas or the employee out as an officer or employee of VFK nor shall Civitas make any claim based on any right or privilege applicable to VFK's employees. Civitas has no authority (and will not hold Civitas out as having authority) to bind VFK and Civitas will not make any agreements or representations on VFK's behalf without VFK's prior written consent. Under no circumstances shall Civitas or its employees or agents look to VFK as its employer, or as a partner, agent, or principal. Civitas and its employees or agents shall not be entitled to, nor shall they make any claim for, any benefits accorded to VFK's employees including worker's compensation, disability insurance, stock options, pension benefits, vacation, or sick pay. Civitas shall be responsible for providing, at Civitas' expense, and in Civitas' name, any required disability, worker's compensation, or other insurance as well as licenses and permits usual or necessary for performing the services provided for under this Agreement, and Civitas shall supply to VFK satisfactory proof of same on demand. S. Ownership of Works Civitas agrees that all copyrightable material, including writings, software, drawings and designs, and all ideas, inventions, developments, and discoveries made, conceived, or reduced to practice by Civitas during the Term, whether individually or in collaboration with others, are the sole and exclusive property of VFK. VFK is, and will remain,the sole and exclusive owner of all right,title, and interest in and to any documents, specifications, data, know-how, methodologies, software, intellectual property, trade names, and other materials provided to Civitas by VFK("VFK Materials"). Civitas have no right or license to reproduce or use any VFK Materials except solely during the Term to the extent necessary to perform Civitas' obligations under this Agreement.All other rights in and to the VFK Materials are expressly reserved by VFK. 6. Insurance Civitas shall maintain in force and at Civitas' cost during the term of this Agreement, such full and comprehensive insurance policies, including workers' compensation, commercial general liability, and errors and omissions, as would be taken out by a reasonable and prudent person performing Civitas' obligations under this Agreement. Civitas shall comply with all terms and conditions of the insurance policies and shall upon request supply to VFK copies of such insurance policies and evidence that the relevant premiums have been paid. 1823 N CIVITAS 7. Disclosure of Terms and Confidentiality Civitas agrees that VFK may disclose this Agreement to fulfill its business and contractual obligations, herein or otherwise. Civitas acknowledges that Civitas will have access to information that is treated as confidential and proprietary by VFK, including, without limitation,the existence and terms of this Agreement,trade secrets, technology, and information pertaining to business operations and strategies, customers, pricing, marketing, finances, sourcing, personnel, or operations of VFK, its affiliates, or their suppliers or customers, in each case whether spoken,written, printed, electronic, or in any other form or medium (collectively,the "Confidential Information").Any Confidential Information that Civitas access or develop in connection with the services shall be subject to the terms and conditions of this Section. Civitas agrees to treat all Confidential Information as strictly confidential, not to disclose Confidential Information or permit it to be disclosed, in whole or part,to any third party without the prior written consent of VFK in each instance, and not to use any Confidential Information for any purpose except as required in the performance of the services. Civitas shall notify VFK immediately in the event Civitas becomes aware of any loss or disclosure of any Confidential Information. 8. Representations and Warranties Civitas represents and warrants to VFK that: (a) Civitas has the right to enter into this Agreement,to grant the rights granted herein, and to perform fully all of its obligations in this Agreement; (b) Civitas' performance of the services do not and will not conflict with or result in any breach or default under any other agreement to which Civitas is subject; (c) Civitas has the required skill, experience, and qualifications to perform the services, Civitas shall perform the services in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services, and Civitas shall devote sufficient resources to ensure that the services are performed in a timely and reliable manner; VFK hereby represents and warrants to Civitas that: (a) it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder; and (b)the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action. 1824 N CIVITAS 9. Assignment Civitas understands that Civitas has been retained based upon its particular expertise and that absent VFK's prior written permission, Civitas shall not assign any portion of the work to be performed hereunder to a third party. 10. Non-Solicitation During the term of this Agreement and for a period of one (1) year after the termination hereof, (a) Civitas agrees not to hire or attempt to hire any employee, contractor, sub- contractor or other agent of VFK and (b) VFK agrees not to hire any personnel furnished by Civitas hereunder, without Civitas' express written consent. 11. Conflict of Interest Civitas shall at all times keep VFK fully informed of any and all of Civitas' other actual or potential undertakings, business activities or interests which could give rise to a direct or indirect conflict of interest with the interests of VFK. Civitas hereby discloses that we assist destination organizations in Florida and throughout the world with assistance related to funding and organizational issues. 12. Indemnification Civitas agree to indemnify VFK, its officers and directors, and its employees and agents, from all liability, claims, damages (including claims of bodily injury, property damage, or negligence), or loss, including costs, expenses, and attorney fees,which arise in connection with or as a result of Civitas' negligent acts or negligent omissions. 13. Waiver,Amendment, or Modification Any waiver, amendment, or modification of any provisions of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the parties. No failure or delay by either party in exercising any right, power, or remedy with respect to any of its rights under this Agreement shall (i) affect in any way the right to require full performance any time thereafter or (ii) operate as a waiver of any right, power, or remedy regarding any past, present, or succeeding breach of the same or of any other provisions or constitute a waiver of the provision itself. 1825 N CIVITAS 14. Termination Either party may terminate this Agreement at any time by giving thirty (30) calendar days written notice of termination to the non-terminating party. Either party may terminate this Agreement, effective immediately upon written notice of termination to the non- terminating party, if the non-terminating party breaches this Agreement, and such breach is incapable of cure, or with respect to a breach capable of cure,the non-terminating party does not cure such breach within ten (10) calendar days after receipt of written notice of such breach. In the event of termination pursuant to this section,VFK shall pay Civitas on a pro-rata basis any fees then due and payable for any services completed up to and including the date of such termination. 15. Force Majeure No party shall be liable for any delay or failure in performance (except for any obligations to make payments to the other party hereunder) due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake,third-party labor disputes, shortages of supplies, riots,war, acts of terrorism, fire, epidemics, delays of common carriers, government regulations, disaster, strikes (except those involving the employees or agents of the party seeking the protection of this clause) or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. 16. Severability If any term or provision of this Agreement is determined to be, to any extent, illegal, invalid or unenforceable in arbitration or by a court of competent jurisdiction,the remainder of this Agreement shall not be affected thereby, and all other terms and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 1826 N CIVITAS 17. Compliance With Laws Civitas shall comply with all applicable laws, rules, and regulations in connection with its performance of the services. 18. Counterparts and Electronic Delivery This Agreement may be executed in multiple counterparts, each of which when executed shall be deemed to be an original, but all of which together shall constitute one and the same agreement. Execution and delivery of this Agreement by electronic means shall be deemed to be, and shall have the same legal effect as, execution by original signature and delivery in person. 19. Survival Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and be binding on the parties. 20. Governing Law, Jurisdiction, and Venue This Agreement, and all matters arising out of or relating to this Agreement and the services provided hereunder,whether sounding in contract,tort, or statute, for all purposes shall be governed by and construed in accordance with the laws of the State of Florida, including its statutes of limitations, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply.Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court located in the State of Florida. The parties hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue. 21. Notices All notices and other communications hereunder (each, a "Notice") required to be given hereunder shall be given in writing and address to the parties at the addresses set forth on the first page of this Agreement.All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), email, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if: (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this section. Notice shall be deemed given on the date of delivery thereof. 1827 N CIVITAS 22. Entire Agreement This Agreement, including the SOSF attached hereto and incorporated herein by this reference, between Civitas and VFK constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions,whether oral or written, of the parties, and there are no warranties, representations and/or agreements among the parties in conjunction with the subject matter hereof except as specifically set forth or referred to herein. Accepted and Agreed: 3406 North Roosevelt Blvd. Civitas Advisors, Inc. Corporation d/b/a Visit Florida Keys By: By: Name: Diane Schmidt Name: John A. Lambeth Title: Chairperson Title: President&CEO 1828 N CIVITAS Exhibit A: Scope of Services and Fees Below is a brief scope of work related to Civitas providing non-legal professional services for Visit Florida Keys. Civitas is not licensed to practice law in the State of Florida and will not provide legal advice nor legal documents to Visit Florida Keys. We will provide destination industry best practices relative to organizational ideas as well as the content of planning documents. The proposed phases of our work include: 1. Organizational Review and Industry Comparative Analysis: Civitas will review Visit Florida Keys' current planning and organizational framework. We will provide information and examples of how other Destination Marketing Organizations (DMOs) are organized and operate throughout the U.S. The total cost of this segment shall not exceed $15,000. 2. Development of Organizational Options with Pros and Cons: Civitas will develop various options for refining, enhancing, and/or amending Visit Florida Keys' operational model. Each option will be thoroughly reviewed and will include consideration of the advantages and disadvantages for Monroe County and for Visit Florida Keys.We will present best practices and case studies from other destinations that will help inform Visit Florida Keys' decisions. The total cost of this segment shall not exceed $15,000. 3. Ongoing Strategy and Operational Support: Civitas will provide ongoing assistance in developing strategies on matters related to organizational development,operation, funding mechanisms, and other initiatives that arise. Civitas will tailor services to support Visit Florida Keys' evolving needs and priorities throughout the engagement. The total cost of this segment shall not exceed $70,000. Our hourly rates are based upon the experience, reputation, and ability of our team members performing the services, and the hourly rates range from $160 to $525 per hour.A majority of the work will be performed by team members billing $280 or less. 1829 N CIVITAS Our rate structure in general and the rates of particular team members, as outlined below, may be increased from time to time, and are usually adjusted as of the beginning of each calendar year.We do not anticipate attending meetings onsite for the proposed work and do not expect to incur travel expenses. In the event that we are requested to travel, we will bill for travel expenses at actual cost. Ordinary office expenses, such as telephone, postage, and copying,will be billed at four percent (4%) of professional fees. Approved Time Keepers: Name Amount John Lambeth $525.00 Wendy Forwood $320.00 Madison Deschamps $300.00 Maya Kitt $280.00 Rebekah Reynolds $280.00 Paul Lewis $220.00 Shreya Nene $160.00 1830 Addendum VFK Contract Terms and Conditions 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys (herein after"VFK'"or Customer") and Civitas Advisors, Inc. (herein after "Civitas" or"Company`) agree as set forth below. VFK and Civitas hereby enter into this addendum to the Terms of Service with Civitas Advisors, Inc ('`Agreement"). and agrees to the following: The Agreement includes and incorporates the Professional Service Agreement and this Addendum. VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in part by the Monroe County Board of County Commissioners (County). The following provisions are required by law and policy. This Agreement is subject to the approval of payment of the expenditure under this agreement by the County.No valid contract exists, and no payments shall be made until approved by the Monroe County Board of County Commissioners. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes.Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Company shall submit to VFK invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller(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. Travel, as approved by VFK, shall be reimbursed to the Company, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2, Art. III., Div. 3 and Monroe County Travel Policies. The County"s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Maintenance of Records: Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other parry to this Agreement for 1 1831 public records purposes during the term of the Agreement and for five years following the termination of this Agreement.If an auditor employed by VFK,the County or the Clerk determines that monies paid to Company pursuant to this Agreement were spent for purposes not authorized by this Agreement, Company shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Company. Governing Law, Venue, Interpretation, Costs, and Fees: 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 this Agreement, the Customer and Company agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. This Agreement shall not be subjectto arbitration. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees and court costs, as an award against the non-pre prevailing parry, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Nondiscrimination: The Parties 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 parry, effective the date of the court order. The Parties 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 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 s. 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 time 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. 2 1832 Public Records Compliance. Company 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. VFK and Company 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 Customer and Company in conjunction with this contract and related to contract performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision by Company.Failure of Company to abide by the terms of this provision shall be deemed a material breach of this contract and the Customer 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. Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Customer and Company 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. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and VFK and the Company agree that neither the Customer nor the Company or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of VFK in his or her individual capacity, and no member, officer, agent or employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's F-Verify system to verify the work authorization status of all new employees hired by the Company 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 Honicland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of F.S. 448.095 3 1833 Non-Collusion Affidavit-Company by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Company, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Indemnification and Hold Harmless-The Company covenants and agrees to indemnify and hold harmless VFK, the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,recklessness,or intentional wrongful conduct of the Company, subcontractor(s) and other persons employed or utilized by the Company in the performance of the contract. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or early termination of the Agreement. Civitas Advisors, Inc. Signature Title Date 4 1834 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Friday, May 16, 2025 1:59 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia; Powell-Barbara Subject: Item D2 BOCC 05/21/2025 REVISED ITEM WORDING AND BACK-UP. Attachments: AIS 3986.pdf Categories: Orange Category Good afternoon, Please be advised that the agenda item wording and deletion of back-up have been revised for item D2. "Approval to pay for expenditures incurred by 3406 North Roosevelt Boulevard Corporation d1b/a Visit Florida Keys (VFK)for 1)Amendment to Agreement with Academy Street Collaboration for Consulting Services 2) Amendment to Agreement with HumaniHR for Human Resource services 3)Agreement with PrimEarm for material storage and shipping services -)Agreementwith fo ssiona1-Sepviees. Approval to waive the PHr forprie fo„ Civit s ; also reqHested Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy i».c z..- Y .�.. _rn groecou�_n�.Y..-.�..:.i» .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 D2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: D2 2023-3986 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Kara Franker N/A AGENDA ITEM WORDING: Approval to pay for expenditures incurred by 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (VFK) for 1) Amendment to Agreement with Academy Street Collaboration for Consulting Services 2)Amendment to Agreement with HumaniHR for Human Resource services 3)Agreement with PrintFarm for material storage and shipping services Givitas is also fequested.— ITEM BACKGROUND: Visit Florida Keys authorized the Chairperson or Vice-Chairperson to sign agreements relating to the transition of agencies at their meeting of December 6, 2024. The agreement with PrintFarm was held by the previous Advertising Agency. Visit Florida Keys approved the amendments to the Agreement with Academy Street Collaboration and HumanHR, and at their meeting of April 10, 2025. Visit Flefida Keys appfaved entefing into an agfeeffient with C7ivitas at theif ffleetifig Of Apfil 10, 2025. Subsequently, the seepe of sef-viees appfaved by N7FK has been fevised, and the final Agfeeffiefit will be PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: 1 STAFF RECOMMENDATION: Approval DOCUMENTATION: Print Farm Agreement.pdf 3rd Amendment Bill Hanbury.pdf 2nd Amendment Humani.pdf FINANCIAL IMPACT: Academy St. 116-75038 Humani FIR 116-76007 Civitas 115 75037 115 75039 115 75038 116 76066 116 76065 PrintFarm 2