FY1991 10/29/1990
1Dannp 1.. l&olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. 1305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
November 5, 1990
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852.9253
Mrs. Sandra Higgs
Keys Advertising & Marketing, Inc.
Post Office Box 866
Key West, FL 33041
Dear Mrs. Higgs:
As you are aware, on October 29, 1990, the Board
of County Commissioners rescinded their previous motion of
September 12th and then approved and authorized execution of
a revised Tourist Information Services Agreement with the
Greater Marathon Chamber of Commerce.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
of these documents should be given to the Chamber; the other
is for your own files.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
BY:~
Rosalie L. C
Deputy Clerk
Enclosures
cc: County Attorney
County Administrator
Finance Director
File
~ Key Largo, Islamorada, Marathon, Lower Keys, Key West
416 Fleming Street P.o. Box 866 Key West, FL 33041 U.S.A. (305) 296-2228 . (800) FLA-KEYS . Fax: (305) 296-7613
November 2, 1990
Mr. Danny Kolhage
Clerk oz the Circuit Court
500 Whitehead Street
Key West, Florida 33040
RE: Marathon Chamber oz Commerce Tourist Inzormation Services
Agreement
Dear Mr. Kolhage:
The Monroe County Board oz County Commissioners at their Special
meeting oz October 29, 1990 approved the contract zor the Marathon
Chamber oz Commerce Tourist Inzormation Services.
Attached please zind zour copies oz the contract and Public Entity
Crimes document duly signed and completed by Virginia Prasch,
President oz the Marathon Chamber oz Commerce.
Please return the executed copies to the Administrative Ozzice zor
distribution.
Sincerely
~~~~ ~l9~
Sandra Higgs
Administrative Director
:lms
Enc!.
TOURIST INFORMATION SERVICES AGREEMENT
WHEREAS.
the Board of County Commissioners had determined that
the Chamber is a "sole source" vendor and, therefore, is not subJect
to the bid requirements of Monroe County's procurement regulations;
and
WHEREAS,
the "written quote per specifications' required by the
procurement regulations is set out in this contract.
This agreement made this A9H_ day of ~ t&lhtl!..lf-
1990,
by and between the Board of County Commissioners of Monroe
County ("Board") and the Marathon Chamber of Commerce ("Chamber").
In consideration of the mutual convenants the parties agree as
follows:
1.
Fundina Availability:
This agreement shall be funded
exclusively
from
third
cent tourist information service funds
allocated by district advisory committees.
All obligations in this
contract shall be subJect to the availability of funds imposed under
taxes imposed under Fla. Stat. 125.0104 and the current year revenues.
2. The Chamber shall provide personnel to respond to telephone
requests during the hours of 9:00 a.m. to 5:00 p.m., five (5) days per
week,
County holidays excepted.
A telephone answering service shall
be provided during unmanned hours.
3. The chamber shall respond to all tourist-related requests
generated for information within five working days of the receipt
thereof.
In order to ensure that generic materials representative of
the district area used, the Monroe County Tourist Development Council,
(hereinafter TDC),
shall review for approval all material to be
included in the district fulfillment package.
5. The Board (see paragraph 6) shall pay the Chamber all
reasonable and actual out-of-pocket costs for providing this District
tourist information services as budgeted.
This shall include the
costs of a designated telephone line or lines, tourist information
mail inquiries,
and related expenses which the chamber incurs in
performing this agreement.
1
6.
The amount agreed upon shall not exceed $116,018.20.
See
Exhibit A.
The reimbursable portion of
than $60,000 for staff plus
three positions be limited to not more
the equated taxes and benefits until
further approval by the TDC. The three positions are as follows:
Executive Director - $34,000; Administrative Assistant - $7,927.92 and
Tourist Information Specialist - $18,515.
7. Actual expense reports, based on budgeted percentages as
reflected in (Exhibit A) attached hereto, shall be submitted monthly
or quarterly through the TDC Administrative Office, which shall
forward them to the Board. The first, second and third quarterly
reports shall be submitted no late than 45 days after the end of the
respective quarters, and the fourth quarterly report no later than 30
days after the end of the quarter. Activity reports will also be
submitted with actual expense reports.
8. In no event will the amount paid to the Chamber exceed the
contract amount unless this contract is modified to include any
additional amounts. Said contract modifications shall be approved by
TDC and the Board as in the initial contract.
A line item in the
budget
can deviate by 10 percent without requiring a contract
amendment.
9. If any incidents occur which may adversely affect tourism
in Monroe County or the ability of the Chamber to provide the
information services as agreed upon, the scope of this agreement shall
be subJect to review and adJustment.
10. The term of this agreement shall be from October 1, 1990
to September 30, 1991.
11. Either party may cancel this agreement upon 60 days prior
written notice to the other.
12. Indemnification and Save Harmless: The Chamber hereby
agrees to indemnify and save harmless Monroe County and the TDC from
any and all claims arising out of any activities in furtherance of
this contract which activities were not expressly directed, ratified
or approved by the TDC.
2
13. Proprietary Rights and Public Inspection of Records:
Total records, as defined in Fla. Stat. Chapter 119, prepared or
obtained under this Agreement, shall be the property of TDC without
restriction or limitations on their use; and shall be made available,
promptly upon
be subJect to
request, to TDC.
the provisions
All records prepared hereunder shall
of Fla. Stat. Chap. 119. Public
information will be provided on a disc or printed material on a
monthly basis at cost to requesting party.
14. Venue - Arbitration: All brought under or pursuant to the
agreement shall
Monroe County,
be brought in a court of competent Jurisdiction in
Florida; provided, however, that the parties may
mutually agree in writing to arbitration of any dispute on the
condition that, at the time of the dispute, both parties have agreed
in writing to be bound by the determination of the arbitrator(s).
15. Severability. If any provision of this agreement shall be
held by a court of competent Jurisdiction to be invalid or
unenforceable, the remainder of this agreement, or the application of
such provision other than those as to which it is invalid or
unenforceable, shall not
this agreement shall be
permitted by law.
be affected thereby; and each provision of
valid and enforceable to the fullest extent
16.
Compliance with Laws
Nondiscrimination: The Chamber
shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not
discriminate on the grounds of race, color, religion, sex, age, or
national origin in the performance of work under this agreement. This
agreement shall be subJect to all federal, state, and local laws and
ordinances.
17. Force MaJeur: The Chamber shall not be liable for delay
in performance of failure to perform, in whole or in part, the service
due to the occurrence of any contingency beyond its control or control
of any of its subcontractors or suppliers, including labor dispute,
strike, labor shortage, ware or act of ware (whether an actual
declaration thereof if made or not), insurrection, sabotage, riot or
civil
commotion,
act
of
public
enemy,
epidemic,
quarantine
restriction, accident, fire, explosion, storm, flood, drought or other
3
act ox God, act ox any governmental authority, Jurisdictional action,
or insuxxicient supply ox xuel, electricity, or materials or supplies,
or technical xailure where the Chamber has exercised reasonable care
in the prevention thereox, and any such delay or xailure where the
Chamber has exercised reasonable care in the prevention therexore, and
any such delay or xailure shall not constitute a breach ox this
agreement. Upon demand ox TOC, the Chamber must xurnish evidence ox
the causes ox such delay or xailure. The Chamber shall thereaxter
resume its perxormance hereunder as soon as such resumption is
reasonably practicable.
18. Governing Law:
This agreement shall be governed and
construed by and in accordance with the laws ox the State ox Florida
and constitutes the entire agreement shall be exxective or bind either
the Board ox the Chamber unless set xorth in writing and signed by all
ox the parties. No representation or statement not expressly
contained in this agreement shall be binding upon the Chamber ox the
Board as a warranty or otherwise??
19. Standards ox Conduct: ; The Chamber convenants and agrees
that it shall at all times comply with all applicable state and local
laws,
rules,
regulations and ordinances governing its conduct as an
independent
allow the
contractor with a public agency,
breach or violation thereox by
and shall not knowingly
any ox its oxxicers,
perxormed under this
directors
agreement.
20. All questions concerning this agreement shall be directed
to the TOC Administrator.
or employees in regard to work
21. The Chamber shall submit to the Clerk ox the Court a
xinancial report ox tourist inxormation services costs in relation to
Chamber activity through an annual compiled xinancial report.
22. Activity reports shall be submitted by the Chamber on the
xorm provided by the TOC within 30 days ox actual month's activity.
4
.' - ... ..
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in their names, and seals impressed hereon,
by their proper oxxicials, all as ox the day and year xirst above
written.
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
A t test DANNY L.. KOWAGE, Clerk
ok~
Mayor/Chairman
(SEAL)
MARATHON CHAMBER OF COMMERCE
Attest:
/J;?f~
~ M 8/\<1. 1- f /I a.A-<.4
APPROVED AS TO ,cORM ~
BY AND 'EG~&r:;:: .0
~'" om,. ~
5
Attt)unt:it1~
Attt)unting-11B
Hi.t. ~Up@t1B@-Bu~port t)f OAC
e@n.~~l offlt@? ~quipm.Nt: & gup~li@.
Offlte ~quipm.nt: ~ Supplie.-T1S
1.1@phON@gt
.1-800~e42-'~80-TtB.
741:-9590-118
743-t\417
74:3-4941-118 '
SA ltU'.ltil.
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tburllt: tHfbrmAt:lbh B~~eiA1ilt:
Work8rl t~Itt".
EH8eut:!vw'bir@et:bt-
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TbUrilt: tHfbrmAt:!bH Bp8el11ilt
TtB - f:'Art:-t:!lf1"
POltl;.' Mlil ~ulf!11m."t:
.12.000 33Y.
2,000 50Y.
1,000 100Y.
2,000 100'Y.
6,000 2~'Y.
3,0(10 100'Y.
6,300 10o'Y.
~oo 100Y.
750 !:\O'Y.
100 100Y.
40,000 8!:\'Y.
24,024 33'Y.
1~,2e5 !:\O'Y.
l',eoo 95'Y.
~,ooo !00'Y.
~,420 85Y.
2fO!:l4 33Y.
l,o~o 50Y.
1,/:,/:,1 9SY.
428 loo'Y.
..
j,!OO SSY.
~,ioo 33Y.
l.~oo 50Y.
!,~oo 95Y.
~12 85Y.
1S1 33Y.
'b 50Y.
152 95Y.
3' 100y.
11,000 100y.
4.:..:._____
.!be,4/:,4
......l!iIe!!t
, J I.' jtJ
1,000.00
1,000.00
2,000.00
1,500.00
3,000.00
6,300.00
500.00
375.00
500.00
./
34,000.00 ./
7 , 927 . 92 '"
6,142.50
18, 52S.00.,........
5,000.00
2,907.00.,.....-
b71. e2"""'-
525.00
1. 5B~. b~v'
428.00
2,975.00~
1 . 023.00 V""
900.00
1 . 110 . 00 .",....-
2b5.20..........
61. 71 .".-
48.00
144.40....--
39.00
11.000.00
tllb,01B.20
l!B"lII.IIU!USet!l
tOTAL BU~HtTT~b ~UbS~t FU~ f,D.t. h~IHBRUS~HENt' tl1b.01S.20
Altv.t.tll!d S/31/90
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SWORN STATEMENT UNDER SECTION 287.133(3)(0),
FLORIDA STATUTES. ~N punuc ENTI1Y CRIMES
nits FORM MUST BE SIGNED IN m~ PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER
.. AUTHORIZED TO ADMINISTER'OATIIS.
~.
b!iD
1.
This sworn statement Is Submitted with Bid, Proposal or Contract No.
lor . T l-S ~~~J-.. .
lbIs swo"; 'lalemen. Is .ubmltted by ~ ('rLtu.".rL;., ~~ 1,. t1""""'4-<-L
' [name or entity subDdttlnl swom statem t] .
whose business address Is 3 ::3 ~ 0 (f) ~ L1-I' a.A ~~ fh..lL-1A J ~
J-e, 3 2> oS (j and
(If applicable) Its Federal Employer Identfftcation N~ber (FEIN) Is 5'q -/ S If I. 7 q 6
' ,
(If the entity bas no FEIN, include the Soc:la1 Security Number of the Indlvidual signing this sworn
2.
3.
statement:
My name is V t R. G "I Al -I A" P R A~, H
[please print name of indlvldual signing]
entity named above Is P f( E SiD e ;1l " . ,
I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or. federal law by a person with respect to and directly related to the
transaction of busiriess with any public entity or with an agency or political subdivision of any other
state or with the United States, Includlng, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of tbe United States and Involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
.)
and my relationship to the
4.
s. I understand that .convicted. or .conviction. as defined in Paragraph 287. 133(1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of
guilt, in any federal or state trial coun of record relating to charges brought by indictment or
lnformatlon after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an -affiUate. as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity undet the control of any natural person who is active in the management of the
entity and who hI! been convicted of a public entity crime. The term .affiliate. includes those
officers, directors. executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
Interesr in anmher person, or a pooling of equipment or income among persons when not for fair
marker value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. ! understand that a .person. as defined in Paragraph 287.133(1)(e), F'lorfda Statutes: means any
natural person or entity organized under the laws of any state or of the United States With the legal
power to enter inta a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term .person. includes those officers, directors, execl!tiv~, panners,
shareholders. employees, members, and agents who are active in management of an entity.
Based on information and belief. the statement wbich I have marked below is true in relarion \0 the
entity submitting this sworn statement. [Please Indicate which statemen~ Bpplies.J
8.
........ -
Neither the entity submitting this sworn statement. nor any officers. directors, executive!, ,-
partners, shareholders, employees. members. or agents wbo are active in management of the entity, .
nor any affiliate of the entity have been charged with and ex>DVicted of a public entity crirDe
subsequent to July I, 1989. ,
The entity submitting this sworn statement. or ..one or more of the omcers, directors, ~
eieCUiives, partners, shareholders, employees. members, or aients who are active in management of
the entity, or an affiliate of the entity has been charged with and oonvicted of a public entity crime
subsequent to July 1~ 1989, AM2 [Pleae Indicate which additional statement applies.]
.1 ,
, ......
- There hu been a proceecllng ex>ncerning the ex>nvictlon before a hearing' officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or aftlUate on the ex>nvicted vendor list. [Please
attach a copy 01 the nnal order.]
- The person or affiliate was placed on the convicted vendor list. There has been a
Subsequent prOceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer detennined that It
was in the public interest to remove the person or affiUate from the convicted vendor list.
[Please attach a copy of the Onal order.]
STATE OF ~. ~<i\W(L
COUNTY OF ~~~
- The person or affiliate bu not been placed on the convicted vendor list. [Please
describe IIn)' action taken by or pendlna with the Department of General Services.]
~~tt.~ A~
'-"". [siloatore)
Date: IIJ '" /7 - q v.
" PERSON~Y APPEARED BEFORE ME, the undersigned authority, ..
\) --lJ\~lIV\1 0 .I e, -\.!J\ 1\411" 0.) who, after fint being sworn by me, afllxed hlsiher signature
[na~dual signing]
In the space provided above on this day oM08i1\ ~ 19<::1 0 .
(
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP SEPT.25.1993
BONDED THRU GENERAL INS. UND.
o
For::t PUR 7068 (Rev. 11/89)
c-