HomeMy WebLinkAboutItem D1COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Terra David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
January 28, 2026
Agenda Item Number: D1
25-0154
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: N/A STAFF CONTACT: Ammie Machan
AGENDA ITEM WORDING: Approval to pay for expenditures incurred by 3406 N Roosevelt Blvd
Corporation d/b/a Visit Florida Keys (VFK) for agreements with 2050 City LC for Al Roadmapping for VFK
Staff; 111 Amendment to Agreement with The Print Farm, Inc. d/b/a PF Solutions for Material storage and
shipping; Tropic Ocean Airways, LLC for seaplane transportation and Historic Tours of America, Inc for
trolley transportation which were for a recent Lilly Pulitzer fashion show marketing & media event.
ITEM BACKGROUND:
Visit Florida Keys approved the agreements for 2050 City LC and The Print Farm, Inc. d/b/a PF
Solutions at their meeting of December 4, 2025.
Visit Florida Keys will ratify the Agreements with Tropic Ocean Airways, LLC, and Historic Tours of America,
Inc. at their meeting of February 12, 2026.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: The Agreements with Tropic Ocean Airways, LLC, and Historic Tours of
America, Inc. Require Insurance.
CONTRACT/AGREEMENT CHANGES:
New Agreements
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
FINANCIAL IMPACT:
2050 City LC 116 76007 SC_00085
Print Farm 116-76006 SC 00040
Tropic Ocean Airways and Historic Tours of America: 76671-SC_00039
DI. Approval to pay for expenditures incurred by 3406 N Roosevelt Blvd Corporation d/b/a
Visit Florida Keys (VFK) for agreements with 2050 City LC for Al Roadmapping for VFK
Staff; 1 st Amendment to Agreement with The Print Farm, Inc. d/b/a PF Solutions for
Material storage and shipping; Tropic Ocean Airways, LLC for seaplane transportation and
Historic Tours of America, Inc for trolley transportation which were for a recent Lilly
Pulitzer fashion show marketing & media event.
AGREEMENT FOR Al ROADMAP for VFK Staff
This Agreement ("Agreement") is made and entered into this day of ,
2026 by and between 3405 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys,
whose address is 1201 White Street, Suite 102, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "VFK",
2050 City LC, whose address is 2569 Thornview St. Las Vegas NV, 89435 its successors
and assigns, hereinafter referred to as "Contractor",
WITNESSETH:
WHEREAS, the VFK is in need of Roadmapping for Artificial Intelligence (AI) use for VFK
Staff; and
WHEREAS, Contractor is able to provide the services, as set forth in more detail in
Attachment A which shall collectively be referred to as the "Project"; and
WHEREAS, VFK is a not -for -profit corporation that supports the Monroe County Tourist
Development Council (TDC) and is funded in part by the Monroe County Board of County
Commissioners (County) and therefore certain terms and conditions are required by law and
policy as set forth herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, VFK and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
1.2 By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the VFK:
1.3 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.4 The CONTRACTOR has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
1.5 The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONTRACTOR warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information.
1.6 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.7 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
VFK to terminate this contract immediately upon delivery of written notice of termination
to the CONTRACTOR.
1.8 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of VFK, the TDC or the Board of County
Commissioners for Monroe County. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of his/her employees, contractors,
servants, or agents to be employees of the Board of County Commissioners for Monroe
County.
1.9 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consist of those described in Attachment A.
The CONTRACTOR shall commence work on the services provided for in this Agreement
promptly upon his receipt of a written notice to proceed from VFK.
2.2 NOTICE REQUIREMENT
All written correspondence to the VFK shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre -paid, to VFK by
certified mail, return receipt requested, to the following:
Kara Franker
President/CEO of VFK
1201 White Street, Suite 102
Key West, FL 33040
For the Contractor:
Greg Oates
2569 Thornview St
Las Vegas, NV 89135
ARTICLE III
ADDITIONAL PRODUCTS AND SERVICES
3.1 Additional products and services are those products and services not included in the
Scope of Services (Paragraph 2.) as set forth in Attachment A. Should the VFK require
additional products or services they shall be paid for by the VFK at pricing, rates or fees
as negotiated and in accordance with price quote or competitively bid pricing, but only if
approved by the VFK before commencement.
3.2 If Additional Services are required the VFK shall issue a letter requesting and describing
the requested products and services to the CONTRACTOR. The CONTRACTOR shall
respond with a fee proposal, in accordance with prior price quotes or competitive bid
pricing. Only after receiving an amendment to the Agreement and a notice to proceed
from the VFK, shall the CONTRACTOR proceed with the Additional Services. Any
additional services must be funded and approved by the VFK board.
ARTICLE IV
VFK'S RESPONSIBILITIES
4.1 VFK shall provide complete and accurate information and cooperation regarding
requirements for the Project.
4.2 VFK shall designate a representative to act on the VFK's behalf with respect to the Project.
VFK or its representative shall render decisions in a timely manner pertaining to request
for information submitted by the CONTRACTOR in order to avoid unreasonable delay in
the orderly and sequential progress of the CONTRACTOR'S services.
4.3 The VFK shall furnish required information and shall render approvals and decisions as
expeditiously as necessary for the orderly progress of the CONTRACTOR'S services.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONTRACTOR 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 CONTRACTOR, subcontractor(s) and other persons employed or utilized
by the CONTRACTOR in the performance of the contract.
5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
5.3 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VII
COMPENSATION and TERM
7.1 COMPENSATION BASED ON SPECIFIED RATES
7.1.1 The VFK shall pay the CONTRACTOR for the CONTRACTOR'S performance of this
Scope of Work as outlined in Attachment A. The Total Not to Exceed Amount of Nine
Thousand Nine Hundred Dollars and Zero Cents ($9,900.00)
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
As a condition precedent for any payment due under this Agreement, the CONTRACTOR
shall submit monthly, unless otherwise agreed in writing by the VFK, a proper invoice to
VFK requesting payment for services properly rendered. The CONTRACTOR'S invoice
shall describe with reasonable particularity the service rendered. The CONTRACTOR'S
invoice shall be accompanied by such supporting documentation or data in support of
expenses for which payment is sought that is acceptable to the Monroe County Clerk of
court and Comptroller (Clerk) based on generally accepted account principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds.
7.3 BUDGET AND REIMBURSEABLE EXPENSES
7.3.1 The CONTRACTOR may not be entitled to receive, and the VFK is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by the Monroe County Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the Monroe County
Board of County Commissioners.
7.3.2 VFK's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
7.3.3 Expenses will only be reimbursed if authorized by VFK in writing in advance and to the
extent and in the amount authorized by Section 112.061, Florida Statutes, Monroe County
Code (Chapter 2, Art. II, Div. 3), Monroe County Policies and Procedures and Monroe
County TDC Travel Guidelines, as amended.
7.4 TERM OF AGREEMENT
The initial term of this Agreement is for a term commencing January 28, 2026 and
terminating on September 30, 2026. This Agreement may be extended upon mutual
agreement of the parties. Any renewal of this Agreement must be in writing and signed by
both the VFK and CONTRACTOR.
ARTICLE VIII
INSURANCE
8.1 The CONTRACTOR shall obtain insurance in accordance with the industry standards.
ARTICLE IX
MISCELLANEOUS
9.1 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.
9.2 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of VFK and the CONTRACTOR, which
approval shall be subject to such conditions and provisions as VFK may deem necessary.
This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
9.3 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the VFK shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
either Party retains the right to terminate this Agreement. Either Party may also
terminate this agreement for cause with the other Party should that Party fail to perform
the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, prior to termination, the terminating Party shall provide other
Party with thirty (30) calendar days' notice and provide the Party with an opportunity
to cure the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the VFK terminates this agreement with the CONTRACTOR,
VFK shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement
prior to termination, unless the cost of completion to the VFK exceeds the funds
remaining in the contract; however, the VFK reserves the right to assert and seek an
offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the total contract amount as set forth in
this Agreement. In addition, the VFK reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the Monroe County's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: Either Party may terminate this Agreement for
convenience, at any time, upon thirty (30) days' notice to other Party. If the VFK
terminates this agreement with the CONTRACTOR, VFK shall pay CONTRACTOR
the sum due the CONTRACTOR under this agreement prior to termination, unless the
cost of completion to the VFK exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the total contract amount
as set forth in this Agreement. In addition, the VFK reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of Monroe County's False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
9.5 MAINTENANCE OF RECORDS
CONTRACTOR 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,
Monroe County or the Clerk determines that monies paid to CONTRACTOR pursuant to
this Agreement were spent for purposes not authorized by this Agreement,
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS, running from the date the monies were paid to CONTRACTOR.
9.6 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, VFK and CONTRACTOR agree that
venue shall lie in the 161" Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
9.7 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The VFK and CONTRACTOR
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
9.8 ATTORNEY'S FEES AND COSTS
The VFK and CONTRACTOR 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, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
9.9 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the VFK and CONTRACTOR and their respective legal representatives,
successors, and assigns.
9.10 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary corporate
action, as required by law.
9.11 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
VFK and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This provision does not negate or waive the provisions concerning
termination or cancellation.
9.12 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, VFK and
CONTRACTOR 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. VFK and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
9.13 NONDISCRIMINATION
CONTRACTOR and VFK 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.
CONTRACTOR or VFK agrees 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. 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 may be 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.
9.14 COVENANT OF NO INTEREST
CONTRACTOR and VFK covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.15 CODE OF ETHICS
VFK agrees that officers and employees of the Monroe County 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.
9.16 NO SOLICITATION/PAYMENT
The CONTRACTOR and VFK warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONTRACTOR agrees that the VFK shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.17 PUBLIC RECORDS COMPLIANCE.
CONTRACTOR 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 CONTRACTOR 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 VFK and CONTRACTOR in conjunction with this contract and related to
contract performance. VFK shall have the right to unilaterally cancel this contract upon
violation of this provision by CONTRACTOR. Failure of CONTRACTOR to abide by the
terms of this provision shall be deemed a material breach of this contract and VFK 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. CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
9.18 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and VFK in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, etc. or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage.
9.19 NON -COLLUSION AFFIDAVIT
CONTRACTOR 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
CONTRACTOR, 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 the
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.
9.20 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 the CONTRACTOR and
the VFK agree that neither the CONTRACTOR nor the VFK 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.
9.21 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as VFK may reasonably require.
Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time
of contracting. The original contract fee and any additions thereto shall be adjusted to
exclude any significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the
Agreement.
9.22 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 or Monroe County in his or
her individual capacity, and no member, officer, agent or employee of VFK or Monroe
County shall be liable personally on this Agreement or be subject to any personal liability
or accountability by reason of the execution of this Agreement.
9.23 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.24 E-VERIFY SYSTEM
In accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the work authorization status of all new employees hired by the CONTRACTOR 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 work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor shall
provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject
to the provisions of F.S. 448.095.
9.25 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give VFK written notice within ten (10)
business days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized
and resume full performance under this Agreement. The VFK will not pay additional cost
as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost
extension for such reasonable time as the Owners Representative may determine.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
VFK
Bv:
CHAIR OF VFK
Date:
Contractor
By:
4�K4� �G
Sign tan ire
Print Name: Greg Oates
Title: Founder, 2050 City
Date: January 13, 2026
Exhibit A
Scope of Services
Phase 1: Pre -trip Intelligence Gathering and Knowledge Sharing $3,300
• Conduct Zoom interviews with all staff in small groups to capture Al
understanding levels, goals and challenges.
• Conduct one all -team Zoom call to share results of team interviews.
• Deliver a custom GPT and takeaways from interviews to VFK leadership team.
• Deliver text and video training materials to all team members.
• Work with VFK leadership team to define travel agenda and intended outcomes.
• Conduct one all -team Zoom call, or multiple calls with departments, to share
basic Al education and discuss upcoming visit andworkshops.
Phase 2: In -Destination Al Workshops $3,300
• Conduct three half -day Al training workshops across the region.
• Meet with VFK leadership team to debrief after the workshops.
• Prepare a comprehensive overview of takeaways.
• Develop training framework for post -travel education sessions.
• Develop processes to build agentic workflows. (Agent development incurs separate
cost for nominal developer fees.)
Phase 3: Staff Education, Al Process Integration & Al Strategic Plan $3,300
• Conduct one round of educational sessions with groups of team members, divided
into beginner and intermediate skill levels.
• Work with outside developer to begin to build agentic workflows.
• Meet with VFK leadership to define KPIs for Al processes.
• Deliver Visit Florida Keys Al Strategic Plan.
• Conduct multiple sessions with VFK leadership to outline next steps and finalize
proj ect.
Amendment (1StAmendment) to Material Storage and Packing Agreement
THIS AMENDMENT to Agreement dated this day of 2026 is entered
into by and between the 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys
(hereafter called Visit Florida Keys) and The Print Farm, Inc. d/b/a PF Solutions (hereinafter called
the Company).
WHEREAS, there was an Agreement entered into on May 22, 2025 between the parties to
continue to provide storage of materials and packaging of materials for trade shows for the sales
department; and
WHEREAS, the current agreement expires on January 31, 2026;
WHEREAS the parties desire to extend the Agreement for a 3-month period to April30, 2026;
and
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree to amend the Agreement as follows:
1. Paragraph 2 of the Agreement shall be revised as follows:
Term: This agreement shall terminate on April 30, 2026
Payment: Payment shall be in the amount of $2,345/month for storage and packing services
upon receipt of an invoice in accordance with the Local Government Prompt Payment Act,
FS. 218.70. Cost of the shipment shall be paid via Visit Florida Keys FedEx account or other
shipping account.
2. The remaining provisions of this Agreement dated May 22, 2025, shall remain in full force
and effect.
1st Amendment to Agreement— Print Farm
1
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
B
Chairperson
Print Name
Date:
Print Farm
President
Print Name
Date:
1 st Amendment to Agreement - Print Farm
K
AGREEMENT FOR TROLLEY TRANSPORTATION
This Agreement ("Agreement") is made and entered into this day of ,
2026 by and between 3405 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys,
whose address is 1201 White Street, Suite 102, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "VFK",
Historic Tours of America, Inc. whose address is 201 Front St. Key West, Florida 33040
its successors and assigns, hereinafter referred to as "Contractor",
WITNESSETH:
WHEREAS, the Monroe County Tourist Development Council (TDC) has endorsed and
recommended that certain monies be allocated for promotion of an event, which has as one of its
main purposes the attraction of tourists; and
WHEREAS, VFK has promoted the Lilly Pulitzer Fashion Show ("event") as part of its
overall marketing and promotion of the Florida Keys and Key West; and
WHEREAS, VFK is in need of Trolley transportation services in support of the promotion
and marketing of the Lilly Pulitzer Fashion Show which promotes and celebrates the Florida
Keys & Key West's iconic fashion; and
WHEREAS, Contractor is able to provide the services, as set forth in more detail in
Attachment A which shall collectively be referred to as the "Project"; and
WHEREAS, VFK is a not -for -profit corporation that supports the Monroe County Tourist
Development Council (TDC) and is funded by the Monroe County Board of County
Commissioners (County) and therefore certain terms and conditions are required by law and
policy as set forth herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, VFK and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
1.2 By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the VFK and Monroe County:
1.3 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.4 The CONTRACTOR has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
1.5 The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONTRACTOR warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information.
1.6 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.7 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
VFK to terminate this contract immediately upon delivery of written notice of termination
to the CONTRACTOR.
1.8 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of VFK, the TDC or the Monroe County
Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
1.9 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consist of those described in Attachment A.
The CONTRACTOR shall commence work on the services provided for in this Agreement
promptly upon his receipt of a written notice to proceed from VFK.
2.2 NOTICE REQUIREMENT
All written correspondence to the VFK shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre -paid, to VFK by
certified mail, return receipt requested, to the following:
Kara Franker
President/CEO of VFK
1201 White Street, Suite 102
Key West, FL 33040
For the Contractor:
(insert name)
201 Front St.
Key West, FL 33040
ARTICLE III
VFK'S RESPONSIBILITIES
3.1 VFK shall provide complete and accurate information and cooperation regarding
requirements for the Project.
3.2 VFK shall designate a representative to act on the VFK's behalf with respect to the Project.
VFK or its representative shall render decisions in a timely manner pertaining to request
for information submitted by the CONTRACTOR in order to avoid unreasonable delay in
the orderly and sequential progress of the CONTRACTOR'S services.
3.3 The VFK shall furnish required information and shall render approvals and decisions as
expeditiously as necessary for the orderly progress of the CONTRACTOR'S services.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
4.1 Contractor covenants and agrees to indemnify, defend, and hold harmless, VFK, the
Monroe County Tourist Development Council, the Monroe County Board of County
Commissioners, and their officers, agents, and employees, from and against any and all
liability, claims, and damages (including but not limited to reasonable attorney's fees),
which arise from or are in any way related to the Project. Although this Agreement is
being retroactively executed after completion of the Project, Contractor expressly
acknowledges its intent to assume the indemnification requirements of this section prior
to commencement of the Project. Contractor further agrees that its assumption of said
indemnification responsibilities was a material element of consideration for VFK to enter
this agreement.
4.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
4.3 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE V
PERSONNEL
5.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VI
COMPENSATION and TERM
6.1 COMPENSATION BASED ON SPECIFIED RATES
6.1.1 The VFK shall pay the CONTRACTOR for the CONTRACTOR'S performance of this
Scope of Work as outlined in Attachment A. The Total Not to Exceed Amount of Two
Thousand Nine Dollars and Zero Cents ($2,009.00)
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid upon submission of a proper invoice.
Payment will be made pursuant to the Local Government Prompt Payment Act 218.70,
Florida Statutes.
As a condition precedent for any payment due under this Agreement, the CONTRACTOR
shall submit, unless otherwise agreed in writing by the VFK, a proper invoice to
VFK requesting payment for services properly rendered. The CONTRACTOR'S invoice
shall describe with reasonable particularity the service rendered. The CONTRACTOR'S
invoice shall be accompanied by such supporting documentation or data in support of
expenses for which payment is sought that is acceptable to the Monroe County Clerk of
court and Comptroller (Clerk) based on generally accepted account principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.3 BUDGET AND REIMBURSEABLE EXPENSES
6.3.1 The CONTRACTOR may not be entitled to receive, and the VFK is not obligated to pay, any fees
or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -
September 30) by the Monroe County Board of County Commissioners. The budgeted amount
may only be modified by an affirmative act of the Monroe County Board of County Commissioners.
6.3.2 VFK's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners and the approval of the Board members at
the time of contract initiation and its duration.
6.3.3 Expenses will only be reimbursed if authorized by VFK in writing in advance and to the extent and
in the amount authorized by Section 112.061, Florida Statutes, Monroe County Code (Chapter 2,
Art. II, Div. 3), Monroe County Policies and Procedures and Monroe County TDC Travel Guidelines,
as amended.
6.4 TERM OF AGREEMENT
The term of this Agreement shall be retroactively effective to November 17, 2025 for two
days of service on November 18, 2025 and November 19, 2025
ARTICLE VII
INSURANCE
7.1 The CONTRACTOR shall obtain insurance as set forth below:
General Liability Insurance. Contractor shall obtain Commercial General Liability Insurance. 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 contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work. Coverage shall be maintained throughout the life of the
contract and must include, at a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000.00 Combined Single Limit (CSL)
Auto Liability Insurance. Recognizing that the services to be provided under this Agreement
requires the use of vehicles, Contractor shall obtain Business Automobile Liability Insurance and
maintain such coverage throughout the life of the contract. At a minimum, this insurance shall
include coverage for Owned, Non -Owned and Hired Vehicles. The minimum acceptable limits
are: $1,000,000 combined single limit (CSL).
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000.00 per Person
$1,000,000.00 per Occurrence
$ 100,000.00 Property Damage
Workers' Compensation. Contractor shall obtain Worker's Compensation Insurance with limits
sufficient to respond to applicable Worker's Compensation state statutes and the requirements of
Chapter 440, Florida Statutes. If the Contractor has been authorized by the Florida Department
of Labor as an authorized self -insurer, the County may recognize and honor the Contractor's
Status. If Contractor is claiming such self-insurance in lieu of Worker's Compensation insurance,
Contractor shall submit a Letter of Authorization issued by the State of Florida and may be
required to submit financial statements demonstrating a continuing ability to remain adequately
self -insured.
Contractor must have their insurance agency email the certificates of insurance directly to VFK
AmmieCa),fla-keys.com The email must state that this is a certificate for an event (state name
of event for which service was provided) and should be forwarded to Ammie Machan at
the TDC administrative office.
Your certificate must state that the Monroe County Board of County Commissioners is a
"Certificate Holder" and that Monroe County, its employees and officials will be included
as "additional insured" on all required policies except Worker's Compensation.
Contractor shall provide as satisfactory evidence of the required insurance, either:
Original certificate of Insurance
or
Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the
Clerk of the County.
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.
Acceptance and/or approval of Contractor's insurance shall not be construed as relieving
Contractor from any liability or obligation assumed under this contract or imposed by law.
Any deviations from these General Insurance Requirements must be requested in writing on the
County form titled "Request for Waiver of Insurance Requirements" and must be approved by
Monroe County Risk Management.
ARTICLE VIII
MISCELLANEOUS
8.1 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.
8.2 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of VFK and the CONTRACTOR, which
approval shall be subject to such conditions and provisions as VFK may deem necessary.
This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
8.3 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
8.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the VFK shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
either Party retains the right to terminate this Agreement. Either Party may also
terminate this agreement for cause with the other Party should that Party fail to perform
the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, prior to termination, the terminating Party shall provide other
Party with thirty (30) calendar days' notice and provide the Party with an opportunity
to cure the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the VFK terminates this agreement with the CONTRACTOR,
VFK shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement
prior to termination, unless the cost of completion to the VFK exceeds the funds
remaining in the contract; however, the VFK reserves the right to assert and seek an
offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the total contract amount as set forth in
this Agreement. In addition, the VFK reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the Monroe County's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: Either Party may terminate this Agreement for
convenience, at any time, upon thirty (30) days' notice to other Party. If the VFK
terminates this agreement with the CONTRACTOR, VFK shall pay CONTRACTOR
the sum due the CONTRACTOR under this agreement prior to termination, unless the
cost of completion to the VFK exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the total contract amount
as set forth in this Agreement. In addition, the VFK reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of Monroe County's False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
8.5 MAINTENANCE OF RECORDS
CONTRACTOR 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,
Monroe County or the Clerk determines that monies paid to CONTRACTOR pursuant to
this Agreement were spent for purposes not authorized by this Agreement,
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS, running from the date the monies were paid to CONTRACTOR.
8.6 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, VFK and CONTRACTOR agree that
venue shall lie in the 161" Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
8.7 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The VFK and CONTRACTOR
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
8.8 ATTORNEY'S FEES AND COSTS
The VFK and CONTRACTOR 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, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
8.9 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the VFK and CONTRACTOR and their respective legal representatives,
successors, and assigns.
8.10 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary corporate
action, as required by law.
8.11 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
VFK and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This provision does not negate or waive the provisions concerning
termination or cancellation.
8.12 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, VFK and
CONTRACTOR 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. VFK and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
8.13 NONDISCRIMINATION
CONTRACTOR and VFK 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.
CONTRACTOR or VFK agrees 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. 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 may be 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.
8.14 COVENANT OF NO INTEREST
CONTRACTOR and VFK covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
8.15 CODE OF ETHICS
VFK agrees that officers and employees of the Monroe County 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.
8.16 NO SOLICITATION/PAYMENT
The CONTRACTOR and VFK warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONTRACTOR agrees that the VFK shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
8.17 PUBLIC RECORDS COMPLIANCE.
CONTRACTOR 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 CONTRACTOR 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 VFK and CONTRACTOR in conjunction with this contract and related to
contract performance. VFK shall have the right to unilaterally cancel this contract upon
violation of this provision by CONTRACTOR. Failure of CONTRACTOR to abide by the
terms of this provision shall be deemed a material breach of this contract and VFK 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. CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
8.18 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and VFK in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, etc. or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage.
8.19 NON -COLLUSION AFFIDAVIT
CONTRACTOR 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
CONTRACTOR, 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 the
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.
8.20 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 the CONTRACTOR and
the VFK agree that neither the CONTRACTOR nor the VFK 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.
8.21 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as VFK may reasonably require.
Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time
of contracting. The original contract fee and any additions thereto shall be adjusted to
exclude any significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the
Agreement.
8.22 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 or Monroe County in his or
her individual capacity, and no member, officer, agent or employee of VFK or Monroe
County shall be liable personally on this Agreement or be subject to any personal liability
or accountability by reason of the execution of this Agreement.
8.23 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
8.24 E-VERIFY SYSTEM
In accordancewith F.S. 448-095, the CONTRACTOR and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the work authorization status of all new employees hired by the CONTRACTOR 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 work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor shall
provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject
to the provisions of F.S. 448.095.
8.25 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give VFK written notice within ten (10)
business days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized
and resume full performance under this Agreement. The VFK will not pay additional cost
as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost
extension for such reasonable time as the Owners Representative may determine.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
VFK Contractor
By: By:
CHAIR OF VFK
Date: Print Name ---
CONTRACTOR Title4a,rr` o
Date:
Signature
Attachment A
Historic Tours of America will provide coordinated ground transportation services for journalists, media
writers, influencers, models, actresses, and fashion editors to and from designated hotels, filming
locations, cultural sites, and event venues.
November 18tn:
From Casa Marina to Hemingway Home
From Hemingway Home to Casa Marina
November 191n
From Casa Marina to Opal Key Marina (Danger Charter Check in)
From Opal Key Marina to Casa Marina
Service
Cost
Trolley Charter November 18, 2025
$609.00
Trolley Charter November 19, 2025
$1,400.00
Total Cost:
$2,009.00
AGREEMENT FOR SEAPLANE TRANSPORTATION
This Agreement ("Agreement") is made and entered into this day of ,
2026 by and between 3405 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys,
whose address is 1201 White Street, Suite 102, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "VFK",
Tropic Ocean Airways, LLC, whose address is 1100 Lee Wagner Blvd. Suite 207 A Fort
Lauderdale, Florida 33315 its successors and assigns, hereinafter referred to as "Contractor",
WITNESSETH:
WHEREAS, the Monroe County Tourist Development Council (TDC) has endorsed and
recommended that certain monies be allocated for promotion of an event, which has as one of its
main purposes the attraction of tourists; and
WHEREAS, VFK has promoted the Lilly Pulitzer Fashion Show ("event") as part of its
overall marketing and promotion of the Florida Keys and Key West; and
WHEREAS, VFK is in need of seaplane transportation services in support of the
promotion and marketing of the Lilly Pulitzer Fashion Show which promotes and celebrates the
Florida Keys & Key West's iconic fashion; and
WHEREAS, Contractor is able to provide the services, as set forth in more detail in
Attachment A which shall collectively be referred to as the "Project"; and
WHEREAS, VFK is a not -for -profit corporation that supports the Monroe County Tourist
Development Council (TDC) and is funded by the Monroe County Board of County
Commissioners (County) and therefore certain terms and conditions are required by law and
policy as set forth herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, VFK and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
1.2 By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the VFK and Monroe County:
1.3 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.4 The CONTRACTOR has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
1.5 The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONTRACTOR warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information.
1.6 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.7 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
VFK to terminate this contract immediately upon delivery of written notice of termination
to the CONTRACTOR.
1.8 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of VFK, the TDC or the Monroe County
Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
1.9 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consist of those described in Attachment A.
The CONTRACTOR shall commence work on the services provided for in this Agreement
promptly upon his receipt of a written notice to proceed from VFK.
2.2 NOTICE REQUIREMENT
All written correspondence to the VFK shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre -paid, to VFK by
certified mail, return receipt requested, to the following:
Kara Franker
President/CEO of VFK
1201 White Street, Suite 102
Key West, FL 33040
For the Contractor:
Jason Schmidt
1100 Lee Wagner Blvd Suite 207A
Fort Lauderdale, FL 33315
ARTICLE III
VFK'S RESPONSIBILITIES
3.1 VFK shall provide complete and accurate information and cooperation regarding
requirements for the Project.
3.2 VFK shall designate a representative to act on the VFK's behalf with respect to the Project.
VFK or its representative shall render decisions in a timely manner pertaining to request
for information submitted by the CONTRACTOR in order to avoid unreasonable delay in
the orderly and sequential progress of the CONTRACTOR'S services.
3.3 The VFK shall furnish required information and shall render approvals and decisions as
expeditiously as necessary for the orderly progress of the CONTRACTOR'S services.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
4.1 Contractor covenants and agrees to indemnify, defend, and hold harmless, VFK, the
Monroe County Tourist Development Council, the Monroe County Board of County
Commissioners, and their officers, agents, and employees, from and against any and all
liability, claims, and damages (including but not limited to reasonable attorney's fees),
which arise from or are in any way related to the Project. Although this Agreement is
being retroactively executed after completion of the Project, Contractor expressly
acknowledges its intent to assume the indemnification requirements of this section prior
to commencement of the Project. Contractor further agrees that its assumption of said
indemnification responsibilities was a material element of consideration for VFK to enter
this agreement.
4.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
4.3 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE V
PERSONNEL
5.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VI
COMPENSATION and TERM
6.1 COMPENSATION BASED ON SPECIFIED RATES
6.1.1 The VFK shall pay the CONTRACTOR for the CONTRACTOR'S performance of this
Scope of Work as outlined in Attachment A. The Total Not to Exceed Amount of Thirteen
Thousand Three Hundred Thirteen Dollars and Zero Cents ($13,313.00)
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid upon submission of a proper invoice.
Payment will be made pursuant to the Local Government Prompt Payment Act 218.70,
Florida Statutes.
As a condition precedent for any payment due under this Agreement, the CONTRACTOR
shall submit, unless otherwise agreed in writing by the VFK, a proper invoice to
VFK requesting payment for services properly rendered. The CONTRACTOR'S invoice
shall describe with reasonable particularity the service rendered. The CONTRACTOR'S
invoice shall be accompanied by such supporting documentation or data in support of
expenses for which payment is sought that is acceptable to the Monroe County Clerk of
court and Comptroller (Clerk) based on generally accepted account principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.3 BUDGET AND REIMBURSEABLE EXPENSES
6.3.1 The CONTRACTOR may not be entitled to receive, and the VFK is not obligated to pay, any fees
or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -
September 30) by the Monroe County Board of County Commissioners. The budgeted amount
may only be modified by an affirmative act of the Monroe County Board of County Commissioners.
6.3.2 VFK's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners and the approval of the Board members at
the time of contract initiation and its duration.
6.3.3 Expenses will only be reimbursed if authorized by VFK in writing in advance and to the extent and
in the amount authorized by Section 112.061, Florida Statutes, Monroe County Code (Chapter 2,
Art. II, Div. 3), Monroe County Policies and Procedures and Monroe County TDC Travel Guidelines,
as amended.
6.4 TERM OF AGREEMENT
The term of this Agreement shall be retroactively effective to November 17, 2025 for
service through November 20, 2025.
ARTICLE VII
INSURANCE
7.1 The CONTRACTOR shall obtain insurance as set forth below:
Insurance Requirements:
As Contractor is engaged in provision of commercial aircraft services, Contractor shall purchase
and maintain throughout the term of this Agreement Aircraft Liability Insurance which will respond
to bodily injury and property damage resulting from any claim arising from the aircraft services
governed by this Agreement. The minimum limits of liability are $20,000,000.
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
contract. In addition, the period for which claims may be reported should extend for a minimum
of twelve (12) months following the acceptance of work.
A Workers' Compensation insurance is required by Florida Statutes.
Contractor must have their insurance agency email the certificates of insurance directly to VFK
Ammiea_fla-keys.com The email must state that this is a certificate for an event (state name
of event for which service was provided) and should be forwarded to Ammie Machan at
the TDC administrative office.
Your certificate must state that the Monroe County Board of County Commissioners is a
"Certificate Holder" and that Monroe County, its employees and officials will be included
as "additional insured".
Contractor shall provide as satisfactory evidence of the required insurance, either:
Original certificate of Insurance
or
Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the
Clerk of the County.
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.
Acceptance and/or approval of Contractor's insurance shall not be construed as relieving
Contractor from any liability or obligation assumed under this contract or imposed by law.
Any deviations from these General Insurance Requirements must be requested in writing on the
County form titled "Request for Waiver of Insurance Requirements" and must be approved by
Monroe County Risk Management.
ARTICLE VIII
MISCELLANEOUS
8.1 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.
8.2 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of VFK and the CONTRACTOR, which
approval shall be subject to such conditions and provisions as VFK may deem necessary.
This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
8.3 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
8.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the VFK shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
either Party retains the right to terminate this Agreement. Either Party may also
terminate this agreement for cause with the other Party should that Party fail to perform
the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, prior to termination, the terminating Party shall provide other
Party with thirty (30) calendar days' notice and provide the Party with an opportunity
to cure the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the VFK terminates this agreement with the CONTRACTOR,
VFK shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement
prior to termination, unless the cost of completion to the VFK exceeds the funds
remaining in the contract; however, the VFK reserves the right to assert and seek an
offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the total contract amount as set forth in
this Agreement. In addition, the VFK reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the Monroe County's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: Either Party may terminate this Agreement for
convenience, at any time, upon thirty (30) days' notice to other Party. If the VFK
terminates this agreement with the CONTRACTOR, VFK shall pay CONTRACTOR
the sum due the CONTRACTOR under this agreement prior to termination, unless the
cost of completion to the VFK exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the total contract amount
as set forth in this Agreement. In addition, the VFK reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of Monroe County's False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
8.5 MAINTENANCE OF RECORDS
CONTRACTOR 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, Monroe County or the Clerk determines that monies paid to CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS, running from the date the monies were paid to CONTRACTOR.
8.6 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, VFK and CONTRACTOR agree that
venue shall lie in the 161" Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
8.7 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The VFK and CONTRACTOR
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
8.8 ATTORNEYS FEES AND COSTS
The VFK and CONTRACTOR 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, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
8.9 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the VFK and CONTRACTOR and their respective legal representatives,
successors, and assigns.
8.10 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary corporate
action, as required by law.
8.11 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
VFK and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This provision does not negate or waive the provisions concerning
termination or cancellation.
8.12 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, VFK and
CONTRACTOR 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. VFK and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
8.13 NONDISCRIMINATION
CONTRACTOR and VFK 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.
CONTRACTOR or VFK agrees 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. 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 may be 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.
8.14 COVENANT OF NO INTEREST
CONTRACTOR and VFK covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
8.15 CODE OF ETHICS
VFK agrees that officers and employees of the Monroe County 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.
8.16 NO SOLICITATION/PAYMENT
The CONTRACTOR and VFK warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONTRACTOR agrees that the VFK shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
8.17 PUBLIC RECORDS COMPLIANCE.
CONTRACTOR 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 CONTRACTOR 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 VFK and CONTRACTOR in conjunction with this contract and related to
contract performance. VFK shall have the right to unilaterally cancel this contract upon
violation of this provision by CONTRACTOR. Failure of CONTRACTOR to abide by the
terms of this provision shall be deemed a material breach of this contract and VFK 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. CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
8.18 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and VFK in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, etc. or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage.
8.19 NON -COLLUSION AFFIDAVIT
CONTRACTOR 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
CONTRACTOR, 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
the 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.
8.20 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 the CONTRACTOR and
the VFK agree that neither the CONTRACTOR nor the VFK 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.
8.21 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as VFK may reasonably require.
Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time
of contracting. The original contract fee and any additions thereto shall be adjusted to
exclude any significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the
Agreement.
8.22 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 or Monroe County in his or
her individual capacity, and no member, officer, agent or employee of VFK or Monroe
County shall be liable personally on this Agreement or be subject to any personal liability
or accountability by reason of the execution of this Agreement.
8.23 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
8.24 E-VERIFY SYSTEM
In accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the work authorization status of all new employees hired by the
CONTRACTOR 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
work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. The
Contractor shall comply with and be subject to the provisions of F.S. 448.095.
8.25 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
CONTRACTOR 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
work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien. The
Contractor shall comply with and be subject to the provisions of F.S. 448.095.
8.25 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give VFK written notice within ten (10)
business days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized
and resume full performance under this Agreement. The VFK will not pay additional cost
as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost
extension for such reasonable time as the Owners Representative may determine.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
VFK
Bv:
CHAIR OF VFK
Date:
CONTRACTOR
BY:
Signatur
Print Name: Jason Schmidt
Title: CEO
Date: 1 /15/2026
Attachment A- Scope of Work
Tropic Ocean Airways will coordinate and operate seaplane arrivals and departures based on the
production schedule, providing round-trip service between Fort Lauderdale and Casa Marina (Key West).
These flights support the Lilly Pulitzer fashion show event and production in Key West, including the VIP
dinner at the Hemingway Home & Museum. Discounted pricing is being extended to Visit Florida Keys
because Tropic Ocean Airways is participating as a collaborating transportation partner with the producers
of the Lilly Pulitzer event programming and has provided reduced pricing as part of the collaboration for
the Lilly Pulitzer fashion show.
Service
Cost
Charter Base Price
$10,400.00
Domestic FET 7.5%
$877.50
Boat Transfer
$1,600.00
Landing Fee (FLL Sheltair)
$45.06
Federal Excise Tax - Segment Fees
*domestic Federal Excise Tax (FET) on
the air transportation of persons
$40.00
Facility Fee
$350.00
TOTAL
$13,313.00
HISTTOU-01 CTHESSIN
,,.Rc'" CERTIFICATE OF LIABILITY INSURANCE DATE
A E(MM/ 026YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Hub International Florida
1560 Orange Avenue
Suite 760
Winter Park, FL 32789
INSURED
Historic Tours of America Inc., Old Town Trolley Tours Attn:
Risk Management Dept. (see attached)
108 Sea Grove Main Street
Saint Augustine, FL 32084
F:
894-5431
National Union Fire Insurance Company of
Corn
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
629-6378
PA
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_._ ---- _...._.. _._- ....., _- __...-._. .. ............. .__. .._... .. _ ,...
INSRR TYPE OF INSURANCE ADDL WVD POLICY NUMBER. POLICY EFF POLICY D/ EXP YYYYI LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 5,000,000
._.....-
Ik CLAIMS -MADE X OCCUR
..._._..Y ....__..
X
194-70-72
8/1/2025
8/1/2026
DAMAGE TO RENTED
_�'...M.)i.L? c.41C[.k3nC$
300,000
_ ........,._..............__
X
Liquor Liability
MEa.-LxP rAny one �ers>n4.-..._
$ Excluded
X
$1 M Occ & $2M Aggr
PERSONAL s ADV wJulaY
$ 5,000,000
25,000,000
GEVL
X
AGGREGATE LIMIT APPLIES PER:
POLICY JECT LOC
GENERS L AGGREGATE
P_R(7DUCTS„_CC7MPtOP_AGG„
$
25,000,000
$ ..._...,
Prop Ding Died.
300,000
OTHER:
$
A
AUTOMOBILE LIABILITY
_
COMBINED SINGLE LIMIT
( abMnlj _..
51000,000
$ .... _ ..
X ANY AUTO
........_
X
181-18-18
8/1/2025
8/1/2026
BODILY INJURY (Per
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILYINJURY_jPer aclidcant).�_
_ ---- -
....._..
HIRED NON -OWNED
,,,...._. A TOS ONLY _�_..._. AUTOS ONLY
PROPE%2TY 6AMAGE
(Por acciderrt
$
$
B
X
UMBRELLA LIAB X OCCUR
EACH OCCURRENCE
..----._.._._ ----.---- ....._..._..
—
$ 5,000,000
--..__.._._.
.._..._...
EXCESS LIAB CLAIMS -MADE
....._..
00094174-6
8/1/2025
8/1/2026
AGGREGATE
— _.-.._.....
$ 5,000,000
_$_
DED X RETENTION $ 0
1
1
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
X IPER STATUTE FRH-_
Y / N
ANY PROPRIETORfPARTNER/EXECUTIVE
WC 086-67-2311
8/1/2026
8/1/2026
E L EACH AC.CIDEN'1"
$ 1,000,000
OFFICER/MEMBER EXCLUDED? U
(Mandatary in NH)
N / A
_ _
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
f ysas, describe under
1000,000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE POLICY LIMIT
$
A
Marine -Protection
14627418
8/1/2025
8/1/2026
Occr & Aggr Each
1,000,000
D
Excess Marine Liabil
CXS12870.085
8/1/2025
811/2026
Occr & Aggr Each
4,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
RE; The Harry S. Truman Little White House Operations. Monroe County Board of Commissioners is an additional Insured in regard to General Liability and
Auto Liability, when required by a written contract or agreement with the Insured, per the terms and conditions of the policies endorsements
APPROVED BY RISK MANAGEMENT
BY ............_F` :2¢..1.....sr%...... ._`tea :..................
DATE• 1`6. 6
WAIVFRN/A AYFC
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Board of Commissioners
tY
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1201 White Street 102
Key West, FL 33040
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID. HISTTOV-W1
CTHESGNG1
Page iof2
AGENCY
Hub International Florida
NAMED INSURED
Historic Tours of America Inc., Old Town Trolley Tours Attn: Risk
Management Dept. (see attached)
108 Sea Grove Main Street
Saint Augustine, FL 32084
P . OLICY NUMBER
SEEPAGE1
1 CARRIER
NAIC CODE
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM nSA SCHEDULE noAcORoFORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
25-2GNamed Insureds included;
Historic Tours ufAmerica, Inc.
American Prohibition Museum
Arlington National Cemetery Tours, Inc
Authentic Old Jail, Inc.
Bahama Village
Boston - Cambridge Trolley Tours, Inc.
Boston Tea Party Ship, Inc.
Boston Welcome Center, Inc.
Boston Burial Ground Tours, LLC
Buggy Bus, Inc.
Buggy Bus, Inc. dbaOld Town Trolley Tours ofKey West.
Casa CayoHu000.Inc.
City Sightseeing San Antonio, LLC
Clinton Square, LLC
Conch Tour Train, Inc.
Conch Tour Train, Inc. dbaBone Island Shuffle
Congress Street Up
DC Ducks
Deacon Transportation, Inc.
Freedom Trail Shops, Inc.
Front Street Partners, Ltd.
Ghosts and Gravestones oaKey West
Harry S.Truman Little White House
Heritage Harbor Tours, LLC
Historic Properties Management, Inc.
Historic Properties of America, LLC
Historic Ships ofAmerica, Inc.
HTASan Antonio Holdings, LLC
HTM.LLC
Images nvKey West, Inc.
Key West Hand Print Fabrics and Fashion, Inc.
Key West Hand Print Fabrics, LTD.
Key West Welcome Center, Inc.
Key West Touna& Attruct|ons.LLC
Location oReal Estate ofKey West, Inc.
Mallory Square, Inc.
National Harbor Shuttle
Old Savannah Distillery, LLC
Old Town Key West Development, LLC
Old Town Key West Development, LTD
Old Town Trolley Tours ofBoston
Old Town Trolley Tours ofNashville, Inc.
Old Town Trolley Tours ofNew Orleans, Inc.
Old Town Trolley Tours ofSan Diego
Old Town Trolley Tours ofSan Antonio, LLC
Old Town Trolley Tours ofSt. Augustine, Inc.
Old Town Trolley Tours ofSavannah, Inc.
Old Town Trolley Tours ofSt. Augustine, LLC
|Old Town Trolley Tours ofWashington DC, Inc.
|Old Town Trolley Tours ofSan Antonio, LLC
Tropical Shell and Gifts, Inc.
Trusted Tours ofAmerica, LLC
Victorian Vehicles, Inc.
Yankee FlManagement Corporation
Treasures of the Florida Keys, Inc.
The Old Road Partners, opIL General Partnership
St. Augustine Historical Tours, Inc.
Southernmost Duck Tours
Key West Cooking School, LLC
Old Town Trolley Tours of Charleston, LLC
Old Town Vacation Rentals, LLC
ACORD101(2VVV/01) @2uu8400RDCORPORATION. All rights reserved.
The ACORD name and logo are registered marks mACom
AGENCY CUSTOMER ID.- HISTTOU-01
LOC #: 1
F-11 111111 k 0 [a] Ll WMML�� �21 �
CTHESSING1
Page 2 of —2
AGENCY
H ub International Florida
NAMED INSURED
Historic Tours of America Inc., Old Town Trolley Tours Attn: Risk
Management Dept. (see attached)
I
108 Sea Grove Nalin Street
Saint Augustine, FL 32084
POLICY NUMBER
SEEPAGE 1
CARRIER
NAIC CODE
PEEPAGE 1
�SEE P 1
EFFECTIVE DATE: SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability insurance
Partnership Group of Key West
Pacific Highway, LILC
San Diego Seal Tours
Savannah Welcome Center, Inc.
Seal Tours
ACORD 101 (2008/01) 02008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ENDORSEMENT
This endorsement, effective 12:01 A.M. 08/01/2025
Policy No. 194-70-72
issued to H|GTOR|C TOURS OF AMER |CA, |NC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF P|TTSBUNGH, R&.
ADDITIONAL INSURED - PRIMARY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Section IV, Commercial General Liability Conditions, paragraph 4~. Other Insurance,
subparagraph a. Primary Insurance, ieamended bythe addition nfthe following:
However, coverage under this policy afforded to an additional insured will apply as primary
insurance where required by contract, and any other insurance issued to such additional insured
shall apply as excess and noncontributory insurance.
Authorized Representative or
Countersignature (in States Where
Applicablej
74434 (10/89) Includes copyrighted material ofInsurance Services Office, Inc. with its permission. Pogo 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.W1.
OA/81/2025
pnicyNo. 181'18'18 issued to HISTORIC TOURS OFAK8ER|CA, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF P|TT8BURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ OFCAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
ANY PERSON ORORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND 8YA
WRITTEN CONTRACT ORAGREEMENT TOPROVIDE ADD|T0S.4LiN.--STATUS BUT ONLY
T0THE EXTENT DFSUCH PERSON'SORORGAN|ZAT0N'SLIABILITY
--ARISING OUT OFTHE USE
OF A COVERED "AUTO'.
I. SECTION U - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. -VVho|uVnomred is
amended to add:
d. Any person or organization, shown inthe schedule above, to whom you become obligated
to include as on additional insured under this policy, as u result ofany contract or agreement
you enter into which requires you to furnish insurance to that person or organization of the
type provided by this policy, but only with respect to liability arising out of use of a covered
''autn^. However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
AUTHORIZED REPRESENTATIVE
87950 (9V14) Includes copyrighted information mInsurance Services Office, Inc_ Page 1 of 1
POLICY NO.: NAC6069312 ATTACHED TO CERTIFICATE # 29
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
To Whom It May Concern
THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO:
Tropic Ocean Airways
1100 Lee Wagener Blvd., Suite 207A
Fort Lauderdale, FL 33315
POLICY NUMBER: NAC6069312
POLICY PERIOD: From November 18, 2025 To November 18, 2026
INSURANCE COMPANY: Endurance Assurance Corporation
DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which
is incorporated as a part hereof.
This Certificate is provided as evidence of coverage only.
Subject to Date Change Recognition Endorsement.
Data included in this Certificate valid as of November 18, 2025.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate of insurance may be
issued or may pertain, the insurance afforded by the policy described herein is subject to all the
terms, exclusions and conditions of such policies.
Should the described policy be cancelled before the expiration date hereof, the issuing company will
endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein.
However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the
Company, its representatives or agents.
By: f_
W. Brown & Associates Insurance Services
Date of Issue: October 28, 2025
Certificate No.: 29
Certificate # 29 Page 1 of 3
POLICY NO.: NAC6069312 ATTACHED TO CERTIFICATE # 29
SCHEDULE OF AIRCRAFT
DESCRIPTION OF AIRCRAFT
No.
FAA Cert #
Serial #
Year/Make/Model
Insured Value
1
C6-FAB
208135123
2014 Cessna 208B (Amphib)
$2,400,000
2
N501EX
208135010
2013 Cessna 208B (Amphib)
$1,800,000
3
N421 SY
208135636
2021 Cessna Cessna 208B (Amphib)
$2,900,000
4
N21955
208135341
2017 Cessna 208B Grand Caravan
$2,500,000
5
N388TA
208135127
2014 Cessna 208B (Amphib)
$2,000,000
6
N381TA
20813-5434
2018 Cessna 208B (Amphib)
$2,750,000
7
N339TA
208135179
2015 Cessna 208B
$2,000,000
8
N115PJ
208135361
2017 Textron Aviation Inc 208B (Amphib)
$2,600,000
9
N383TA
208135343
2017 Cessna 208B (Amphib)
$2,000,000
10
IN382TA
20813-5430
12018 Cessna 208B (Amphib)
$2,900,000
PHYSICAL DAMAGE COVERAGE
Deductibles
No.
Physical Damage Coverage
Not In Motion
In Motion
1
$20,000
$20,000
F. All Risk Basis
2
$20,000
$20,000
F. All Risk Basis
3
$20,000
$20,000
F. All Risk Basis
4
$20,000
$20,000
F. All Risk Basis
5
$20,000
$20,000
F. All Risk Basis
6
$20,000
$20,000
F. All Risk Basis
7
$20,000
$20,000
F. All Risk Basis
8
$20,000
$20,000
F. All Risk Basis
9
$20,000
$20,000
F. All Risk Basis
10
$20,000
$20,000
F. All Risk Basis
AIRCRAFT
LIABILITY COVERAGES
Single Limit Bodily Injury
Passenger
Passenger Lia ility Limited To
Each Person
Each Occurrence
No.
& Property Damage
Liability
1
$25,000,000
Included
XXXX
XXXX
2
$25,000,000
Included
XXXX
XXXX
3
$25,000,000
Included
XXXX
XXXX
4
$25,000,000
Included
XXXX
XXXX
5
$25,000,000
Included
XXXX
XXXX
6
$25,000,000
Included
XXXX
XXXX
7
$25,000,000
Included
XXXX
XXXX
8
$25,000,000
Included
XXXX
XXXX
9
$25,000,000
Included
XXXX
XXXX
10
1 $25,000,0001
Included
I XXXXI
XXXX
MEDICAL EXPENSES
No.
Including Crew
Each Person
Each Occurrence
1
Yes
$5,000
$55,000
2
Yes
$5,000
$55,000
3
Yes
$5,000
$55,000
4
Yes
$5,000
$55,000
5
Yes
$5,000
$55,000
6
Yes
$5,000
$55,000
7
Yes
$5,000
$55,000
8
Yes
$5,000
$55,000
9
Yes
$5,000
$55,000
Certificate # 29 Page 2 of 3
POLICY NO.: NAC6069312 ATTACHED TO CERTIFICATE # 29
MEDICAL EXPENSES
No.
10
Including Crew
Yes
Each Person
$5,000
Each Occurrence
$55,000
Certificate # 29 Page 3 of 3