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09/08/1993 DISTRICT TELEPHONE AND TOURIST INFORMATION SERVICES MARATHON CHAMBER OF COMMERCE This contract is made this e -II? day of J1.e. JOT. ,1993, by , and between the County of Monroe County, Florida, hereinafter referred to as the "County" or "BOCC", and the Marathon Chamber of Commerce hereinafter referred to as "Provider". WHEREAS, the County wishes to enter into a contract with the Provider to provide district telephone and tourist information services for the Tourist Development Council (hereinafter TDC); and WHEREAS, the Provider represents that it is capable and qualified to provide district telephone and tourist information services in addition to its operation as the Chamber of Commerce; and WHEREAS, the County has contracted with Provider in the past with satisfactory results; and WHEREAS, the County recognizes the unique experience and high degree of confidence that this has fostered with the Provider; and WHEREAS, the County has determined that this proven experience, efficiency and ability will best serve the public purpose of tourism development by entering into this agreement; and \L; -f1 WHEREAS, the County does determine that the interest of the County is1)est ~rved '"::J by waiver of procurement policies and procedures for purchasing which would otherwise indicate the necessity for a Request for Proposal; .' NOW AND THEREFORE, in consideration of the mutual covenants the ~rties -~gree as follows::) J 1. Funding Availability: This agreement shall be funded from tOUrist funds allocated by district advisory committees and the TDC, as approved by the BOCC. All obligations in this contract shall be subject to the availability of funds imposed under taxes imposed within Fla. Stat. 125.0104 and the current net revenues. 2. District Telephone Information Services: The Provider shall, pursuant to this contract, provide generic responses to phone inquiries, mail inquiries, and walk-in inquiries, which services are to be performed by Provider for the benefit of Monroe County as a whole and not for the benefit of the Provider, or any member or members of Provider, in accordance with Exhibit A, incorporated herein by reference. Provider shall, pursuant to the description of services in Exhibit A, provide the following: A) The Provider shall respond to all district phone inquiries with generic information that is all inclusive of the district and does not discriminate between Chamber and non- Chamber members. All mail fulfillment generated as a result of telephone inquiries through TDC's 1-800 telephone network will be handled and charged for by a central fulfillment 1 center selected by the BOCC after recommendation from TDC and the Federation of Chambers. Provider shall cooperate with the Federation in determining the recommendation to be made to the TOC. B) Excess phone calls generated on the generic 1-800-FLA-KEYS number, which Provider cannot handle during the hours listed in paragraph 6, shall be routed through an overflow mechanism to be specified by the committee in paragraph 4, which shall provide services. After hours calls shall be handled through "voice-mail" or live operator, as determined by each Chamber. C) All tourist-related collateral requests shall be provided to the mail fulfillment house of record through the computer network system on a daily basis to be fulfilled by the mail fulfillment house of record and utilizing the following guidelines: Arrival in 10 days or less _ phone information only; arrival 10 to 21 days or less - first class mail out; arrival over three weeks - bulk rate mail out. D) Any collateral material to be used in the fulfillment of the District Services Agreement will be approved or disapproved by the TDC. 3. Mail Fulfillment: Provider shall, pursuant to the terms of Exhibit A, provide an inventory of mail fulfillment materials for the district mail out piece. 4. Contract Supervision: Services of the Provider shall be subject to the general direction of a committee, consisting of the five executive directors of the Florida Keys Chambers of Commerce and an employee of the contractor servicing the TDC Administrative Office, telephone number (305) 296-1552, the latter acting as the recording secretary and having no voting status on the committee. 5. Payment: The County shall pay to the Provider for services rendered at a rate of $1.50 per call for telephone information services, subject to annual increases per paragraph 10, the total amount not to exceed sixty-three thousand dollars ($63,000.00). All payment shall be conditioned upon the satisfactory documentation/submission of a monthly production report to the TOC Administrative Office, whose authorized representative shall be responsible for acknowledging the sufficiency thereof (see exhibit B). In addition, twenty- one thousand dollars ($21,000.00) per annum, subject to annual increases per paragraph 10, shall be paid to the provider by the County for tourist information services as described in Exhibit A. Said payment shall occur upon the presentation of the form Exhibit C" evidencing that the Administrative Office verifies and certifies that the requirements and duties as set forth within this agreement have been fully performed and said documentation is provided to the Clerk of the Circuit Court, who has accepted same and has acknowledged adequate performance by the Provider pursuant to said contract. The total amount of this contract is eighty-four thousand dollars ($84,000.00), subject to the annual increases per paragraph 10. 2 6. Hours: The Provider shall at a minimum provide sufficient personnel to respond to telephone requests during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of the following holidays: Thanksgiving and Christmas, New Year's Day, Memorial Day, Fourth of July, and Labor Day. All after hours calls shall be captured by Provider through voice mail. 7. Normal Provider Services: Provider shall not be barred by this agreement from exercising its normal duties as a Chamber of Commerce, a voluntary organization of business and professional people dedicated to the economic well-being of their community. A Chamber of Commerce is not a department of local government. Non-interference by County in regular business of provider shall not be construed as authority to Provider to perform services under this Agreement in a manner which might give the appearance that Chamber members receive preferential treatment. 8. Favored Nations Clause: At all times Monroe County shall be treated as one of "Provider's" preferred clients for purpose of charging the lowest possible rate that Provider charges to any client. It is also agreed by and between the parties that at no time shall the rates charged to the County ever exceed the amount charged by Provider to any other person, business entity, or governmental entity. If at any time the rates charges aforementioned preferred clients/customers and/or any other business or government entities fall below those rates to which the parties have herein agreed, then this contract shall automatically be amended to reflect those lowered rates, costs and charges. However, at no time shall the rates be higher than those stated herein. 9. Federation Action: Provider has entered into a federation with other chambers of commerce in the Florida Keys. Provider shall, in furtherance of its obligations hereunder, meet and work with the federation to perform the following duties: 1) Review proposals of and meet with bidders for the TOC's mail-house facility. 2) Select and recommend to the TOC and SOCC the mail-house facility deemed to provide the best services and terms to the County. 3) Supervise, on behalf of the TDC, the daily activity of the selected mail- house facility to insure that mail fulfillment is achieved in the most efficient and economical manner. 4) Recommend telephone equipment needed, and provided by the County, for the provision of services under this Agreement. 5) Supervise its own staff in providing the services hereunder pursuant to the telephone information services operational procedures adopted by TOC for all TOC funded telephone information services activity (See Exhibit A). 3 10. Term - Renewal: The term of this contract shall be for a period of sixty (60) months, commencing October 1, 1993, and terminating on September 30, 1998. The contract amounts agreed to herein shall be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. 11. Termination: This contract may be terminated with or without cause by either party upon one hundred-twenty (120) days prior written notice to the non-terminating party with proof of receipt thereof (directly to the "Representative"). Unless the Provider is in breach of this contract, the Provider shall be paid for services rendered to the county's satisfaction to the date of termination. Any and all product resulting from work performed by the Provider must be forthwith delivered to the Clerk of the County and shall be the exclusive property of the County. 12. Liabilities/Indemnification and Save and Hold Harmless: The Provider shall be liable to the County for any negligent acts, omissions, etc. of it or its agents officers, employees and volunteers. The Provider shall also indemnify and save and hold harmless and defend the County, its agents, servants and employees from and against all claims, liability, losses, and/or causes of actions which may arise from any negligent act or omission as well as any and all other and further claims, demands, or causes of action of whatsoever kind or nature arising out of any mis-conduct of the Provider and for which the County, its agents, servants, and/or employees are alleged to be liable, may be liable, and/or otherwise is or may be harmed thereof by the Provider, its agents, servants, and/or employees in the performance of services under this contract. The County has no obligation to provide legal counsel to the Provider in the event of any suit, action or claim arising as a result of the performance of this contract. The County has no obligation to pay for any judgment or settlement of any claim made against the Provider as a result of any activity under this contract. The Provider will immediately give notice to the SOCC through the TOC Administrative Office of any suit, claim or action made against the Provider that is relatecl to the activity under this contract. 13. Insurance: As a prerequisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Provider shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Provider will ensure that the insurance obtained will extend production to all Subcontractors engaged by Provider. As an alternative, the Provider may require all Subcontractors to obtain insurance consistent with the attached schedules. 4 The Provider will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Provider to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as it the work commenced on the specified date and time, except for the Vendor's failure to provide satisfactory evidence. The Provider shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Provider to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Provider's failure to maintain the required insurance. The Provider shall provide, to the County, as satisfactory evidence of the required insurance either: a. Certificate of Insurance or b. A certified copy of the actual insurance pOlicy The County, at its sole option, has the right to request a certified copy of any or all insurance poliCies required by this contract. All insurance pOlicies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Provider from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on the general liability policy. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Prior to the commencement of work governed by this contract, the Provider shall obtain General Liability Insurance. coverage shall be maintained throughout the life of the contract and include, as a minimum: 5 o. Premises Operations o. Products and Completed Operations o. Blanket Contractual Liability o. Personal Injury Liability o. Expanded Definition of Property Damage The minimum limits acceptable shall be: o $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be : o $100,000 per person o $300,000 per occurrence o $ 50,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this 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 by the County. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Provider shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence The Provider shall obtain Workers' Compensation insurance with limits sufficient to respond to the applicable state statutes, including Employers' Liability Insurance with limits of not less than: o $100,000 Bodily Injury by Accident o $500,000 Bodily Injury by Disease, policy limits o $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Provider has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The 6 Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Provider participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 14. SuccessQr and Assigns: Provider shall not assign, subcontract, convey, transfer, sub-lease, pledge, hypothecate, surrender or otherwise encumber or dispose of its interest in this contract, or any interest in any portion of same, or permit any other person or persons, company or corporation or any other entity whatsoever to perform services under this contract without prior written consent of the County. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the Provider. When and where so provided, and there exists or will exist such successor(s) and assign(s), those successor(s), assign(s), its partners, counter principles, associates, executives, administrators and (where applicable) assigns of such parties shall be bound by each and every and all covenants of this contracts. 15. Remedies: Any and all legal actions necessary to enforce this contract will be held in Monroe County, Florida and the contract will be interpreted and governed according to the laws of the State of Florida. No remedy herein conferred upon the County is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to any, all and every other remedy given hereunder or now or hereafter existing at law, or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude further exercise thereof. 16. Provider shall nQt bind County. The Provider will not pledge the "County's" credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Moreover, the Provider shall not enter into any contract(s) or sub-contract(s) which, either directly or indirectly would require any expenditures of monies by the County. The Provider further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. Should it be necessary for the Provider to enter into a sub-contract relating to the performance of relating to the performance of services within the scope of this contract, the Provider can only do so pursuant to a full disclosure of the proposed sub-service provider and pursuant to the "County's" written consent. 17. Proprietary Rights and Public Inspection Records: All records prepared or obtained under this contract shall be the property of CountylTDC without restriction or limitation on their use; and shall be made available, promptly upon request, to TDC. All 7 records prepared hereunder shall be subject to the provisions of Fla. Stat. Chap. 119, Public Records Act. If requested, public information will be provided on a monthly basis at cost to requesting parties. 18. Independent Contractor Relationship: The Provider, is and shall be, in the performance of all works, services, and activities under this contract, an independent contractor and not an employee, agent or servant of the County or the TDC. The Provider shall exercise control, direction, and supervision over the means and manner in which it and its employees perform the work. In all respects, the "Provider's" relationship and the relationship of its employees to the County shall be that of an independent contractor and not of employees or agents of the county. Moreover, the Provider shall have no authority whatsoever to act on behalf of and/or as agent for the County. The Provider does not have the power or authority to bind the County in any promise, agreement, or representation. 19. Access and Audits: The Provider shall maintain adequate and complete records to justify all charges billed in performing the work for at least three (3) years after completion of this contract. The County shall have access to such books, records, and documents concerning the contracted services at any reasonable time. 20. Funding and Performance: The terms of representation under this contract and services are anticipated to extend beyond the "County's" current fiscal year. Accordingly, both parties mutually agree that performance payment during subsequent fiscal years is contingent upon funds being appropriated, allocated, or otherwise made available. 21. Severability: If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. 22. Compliance with Laws. Nondiscrimination: The Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment of 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 contract. This contract shall be subject to all federal, state, and local laws and ordinances. 8 23. Force Maieure: The Provider shall not be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war (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, hurricane, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, telephone service, or materials or supplies, or technical failure where the Provider has exercised reasonable care in the prevention thereof. Any such delay or failure shall not constitute a breach of this contract. Upon demand of County, the Provider must furnish evidence of the causes of such delay or failure. The Provider shall thereafter resume its performance hereunder as soon as such resumption is reasonably practicable. 24. Standards of Conduct: The Provider covenants 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 contractor with a public agency, and shall not knowingly allow the breach or violation thereof by any of its officers, directors or employees in regard to work performed under this contract. 25. Non-waiver: Any waiver by the County of any breach of covenants herein contained to be kept and performed by Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. 26. Disclosure: The Provider shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Provider shall disclose to the CountylTDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any interest which may conflict with the interest of the CountylTDC. 27. Antisolicitation: The Provider warrants that it has not knowingly employed, retained or otherwise had act on its behalf any former county officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability to the Provider and will subject the Provider to sanctions in accordance with the ordinances and any and all other applicable laws of Monroe County I the State of Florida and the United States of America. The County may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) DANNY L KOLHAGE Cl k BOARD OF COUNTY COMMISSIONERS Attest: ' ." ,er OF MON COUNTY, FLORIDA ~C.~~ I By: Clerk By: : ill e. E ir rr;:; 05, 1esl7 Marathon Chamber of Commerce '" ;$" :=::s . ' ? r::IU- Ap~;~';:; as to foh and legai ~ciency by : _~ Date: f's J 10 EXHIBIT 'A' PROVIDER, Marathon Chamber of Commerce, shall perform the services enumerated below at the amount of compensation listed in fulfillment of the Agreement between County and Provider. I. Telephone information services: Provider shall answer all 800 lines in a manner condusive to the best interest of their district, to wit: A. Information-Delivery and Acquisition: Each phone call should be handled in as routine a manner as possible. Questions should be asked in the order that they appear on the screen. If information in volunteered before the question is asked, write down the information or ask the caller to repeat it when the appropriate section is reached. Plan on asking all questions of each caller. 1. Caller wishing verbal information only: Complete the entire record if possible while responding to their questions. To indicate that mail fulfillment is not required, use the Inquiry section at the end of the procedure 2. Less than 10 day visits: Complete the entire record if possible but let the caller know that, because of the time frame, no information will be mailed. Help then as much as possible, verbally, including where they can get information once they reach the Keys. 3. Phone Call Data shall be obtained and entered into a computer for later retrieval for mail fulfillment and/or reports, as follows: a. Travel Agents (1) Eliminate the need for a travel agent screen, capturing all necessary information through main screens (2) Enter the name of the Agency when filling in name and address on first screen, etc. b. List of Interests (1) Show on the screen all codes which are entered (2) The list: (a) Accommodations (Hotels, Motel, B&B) (b) CampgroundslRV Parks (c) Diving/Snorkeling (d) Fishing (e) Water Sports (Hobie Cat, Jet Ski's, para-sailing etc.) (f) Marinas/Boat Rentals (g) Sailing (h) Attractions (I) Honeymoon/Wedding (j) Vacation Rentals/Relocation/Real Estate 1 1 (k) General Information (I) Coupon Book (m) End (or none) For OTHER - use the comment field, but should try and fit responses into these categories. c. List of Ad Sources (1) Have a field where the code can be entered without having to go to the list. Many codes are memorized and this will save time. (2) List: 1 BILLBOARDS (HIGHWAY) 2 CAMPING/RV DIRECTORIES 3 CONSUMER MAGAZINE 4 CRUISE SHIP VISITOR 5 FRIEND 6 HTI -HOTEL & TRAVEL INDEX/INTERNATIONAL 7 HUMM'S GUIDE 8 PUBLIC RELATIONS (TV, Radio, Newspaper, Magazine articles, documentaries, etc.) 9 RADIO 10 RETURN VISITOR 11 TELEVISION 12 TRAVEL AGENT 13 800 DIRECTORY ASSISTANCE 14 NEWSPAPERS _OTHER OR NONE* Codes: OTH = NON = DIR= COC = FLG = Other None 800 Directory Asst. A Chamber FL Vacation Guide (State) etc. d. List the Chamber 800 numbers, not the local Chamber #'s, for referrals. Changes to the above program shall be approved by TDC and by a committee of five composed of the five Chamber Executives. The committee shall supervise: 1. Payment for Phone Calls Answered and For Which Information was Provided and Retrieved: County shall pay contract specified amount on calls received and properly logged on all 305 lines and 800 lines. Provider shall not be paid unless the callers' zip code is properly captured.. Provider shall submit to TDC documentation of proof of calls taken for the previous month (25th through 24th). 12 2. Mail Inquiries: Provider shall enter data into the computer system, for purposes of mail fulfillment, at no additional cost to the County. II. Tourist Information Services: The Provider shall provide tourist information services exclusively from visitors walking into the facility during the hours specified in paragraph 6 of the Agreement. A. The Provider shall make available, but shall not be limited to, generic information that is all-inclusive of the lodging facilities available throughout the district. This aforementioned generic information shall be all-inclusive and non-discriminatory between Chamber and non- Chamber members. The Provider shall respond to questions for generic information from the aforementioned walk-in visitor in a ,cheerful and friendly manner providing a complete overview in categories requested. B. Supervision: Services of the Provider shall be under the general direction of the TOC Administrative Office, telephone number (305) 296- 1552 who shall act as the TOC/County recording secretary and intermediary between TOC and Provider during the performance of the contract. C. Payment: The County shall pay to the Provider for services rendered at the specified rate in 12 equal amounts payable on the first day of the subsequent month in compensation of appropriate generic, high quality services in good faith efficiently (and as certified in Exhibit C). Said payment shall occur upon the presentation of the Form Exhibit "C" evidencing that the Administrative Office verifies and certifies that the requirement and duties as set forth within the contract entered into by and between Provider and the County, have been fully performed. 13 EXHIBIT 'B' Invoice Name of Chamber For Telephone Information Services in accordance with the contract between the Monroe County Board of County Commissioners and the Chamber of Commerce for the month of Payment request in the amount of: for calls services from 25,19_ through 24,19_. 305 800 FLA-KEYS TOTAL x $1.50 (see attached call record) DATE: The administrative Office hereby verifies and certifies that the requirements and duties as set forth within the contract and entered into by and between the Chamber of Commerce ("Provider") and the Board of County Commissioners of Monroe County ("County"), will be fully performed and that the supporting documentation therefore, will be provided to the TDC Administrative Office and that said documentation will be provided to the Clerk of the Circuit Court for the month of Administrative Office Date: 14 EXHIBIT 'e' certify that tourist information was supplied on a generic basis. as specified in the agreement between SOCC and Provider. by the Chamber of Commerce during the month of ,19 . Chamber of Commerce requests payment of Chamber of The $1.750.00 made payable to the Commerce as reimbursement of said services. (Notary) Said payment shall occur upon the presentation of the form Exhibit "A" evidencing that the Administrative Office hereby verifies and certifies that the requirement and duties as set forth within the contract entered into by and between the Provider and the County have been fully performed, Administrative Office Date: 15 (' c- ( - . 'Zi' 305 288 01<':,3 MARATHON CHAMBER 06/21/93 09'51 POI (1) Fla. Keys and Generic 800 calls October/Hay 92-93 - 8,320 8,320 div by 8 moa. - 1,040 per mo. X 12 moa · 12,480 (1)' 12,480 (2) 10,284 (3) 19,236 To~al an~icipated calls 42,000 ( \, Mr. Tim Green, Marathon, Fl. Telemarke~ing Budget 1994 Page two: ~ ~' (2) JOS calls OCtOber/Mey 92-93- 11,426 X 60\ .. 6,856 ... 6,856 div by 8 mos. - 851 X'12 mo.. " 10,284 (3) Estimated additional 800 calls at 1,600 per mo. - 19,236 t !- S:OHPUTATIONS: 42,000 calls X $1.50 per call - $63.000 "ethod gt payment Our office will submit to your TOe office the total 8erviced, along with proper computer documentation, 25~h of the preceding month through the 24th of the month for payment. \ i & , c -, calla from the current ( SWORN STATEMENT PURSUANT TO SECI10N 287.133(3)(11), FLORIDA STATUTES. ON PUBUC ENTI1Y CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. . 1. This sworn statement is submitted to bo~-r-d 'O~ COU(\~ c..OYY\\'Y)\ ~,\()(\er-S by \AF, \\ \o.W\ ~ .1)e.\Jun-e.. -rre~,~~~ecft9~%t~~ ~~Ct vnbeA" [print ,Jpdlvidwff ~ame aq~ till!] _ (\ n for~o ('{)~'l\Y\ l'X\() V'l\u~\ 01 (' C\'fYlm'f) rC '€ , [i)rint nome of entity submitting sworn statement] Whose business address is ~~3>o Ove~eo..~ tlw~. {V\a('Q~Of\ florIda. 3~osa and (if applicable) its Federal Employer Identification Number (FEIN) is c:;q - 0 S lJ L..29 D (If the entity has no FEIN, include theSodal Security Number of the individual signing this sworn statement: .) 2 I understand that a .public entity crime. as deftned 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 .uansaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or seivices to be provided to any public entity or an agen<.)' or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that .convicted. or .conviction. as deftned in Paragraph 287.133(1)(b),JI'1orlda Sta~ta. 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 conn of record relating to charges brought by indictment or information atter July 1, 1989, as a result of a jury verdict, nonjury trial, or enlly of a plea of guilty or nolo contendere. 4. I understand that an .affiliate. 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 under the control of any natutal pel'lOn who is active in the management of the entity and who has been convicted of a public entity crime. The term .atmiate. 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 interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one pel'lOn 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. S. L understand th,at a~person. as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entityo~ under the laws of any state or of the United States with the legal power to enter into 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 transacu or applies to transact business with a public entity. The term -person. includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statemenL [Indicate which statement appUes.] J Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lisL [attach a copy of the final order) - I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTI1Y ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUCENTI1Y PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. "- ~~, .';p~ . . [Ilpature] U Swom to and subscribed before me this ~ 3> day of 0J~W . 1933 Personally known J OR ProducOO identification Nowy Public - State of Ft D<' ~ d a.. (I'ype of identiiication) My commission expireS- A.pr ~ \ O'S. \ q q] --:\)th~~~~ (Printed. typed or pcd iI(j conuni1sioned nam of notary public) .. .~'\~<+' DEBORAH JEAN FRIEOHOF II My commission CC274158 : : Expire. Apr 05, 1997 . . Bonded By ANB 41'", ~~ 800-852-5878 "IfF OF f\.V1~ Form PUR 7068 (Rev. 06111192)