Resolution 226-1986
Sandy Higgs,
Administrative Director
Tourist Development Council
RESOLUTION NO. 226 -1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROV-
ING AN ADDENDUM TO AGREEMENT BY AND BETWEEN
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL AND
KEYS ADVERTISING & MARKETING, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby approves an
Addendum to Agreement by and between Monroe County Tourist
Development Council and Keys Advertising & Marketing, Inc., a
copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 25th day of July, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
-. . ~
By \.U'"~;:~;c~irman~
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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.. (L 'er h'~' ilL
BY
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ADDENDUM TO AGREEMENT
This Addendum to Agreement is entered into this 25th
July A.D. 1986, by and between MONROE
day of
COUNTY
TOURIST DEVELOPMENT COUNCIL, Hereinafter referred to as the
"TDC", and KEYS ADVERTISING & MARKETING, INC., a Florida corpo-
ration, hereinafter referred to as "Corporation."
WIT N E SSE T H:
WHEREAS, the Monroe County Board of County Commissioners
authorized and directed the Mayor/Chairman of the Board of County
Commissioners to enter into this addendum to the professional
services agreement with the Corporation of November 15, 1985 by
motion of the Monroe County Board of County Commissioners on the
6th day of June, 1986,
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained, the parties agree as follows:
1. Paragraph 2 of the agreement entered into between the
parties on November 15, 1985 (copy attached hereto) is amended by
the addition of the following paragraph:
"Services, not specifically included in Appendix A
hereto, which services are requested and approved by
TDC in furtherance of its powers, shall be compensated
upon final approval by the Board of County Commission-
ers of Monroe County as recommended by the Tourist
Development Council."
2. Appendix A of the Agreement entered into between the
parties on November 15, 1985 is amended by the addition of the
following paragraph:
"21. The above services do not include representation
(coordination) of TDC's participation in trade shows or
like events."
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in their names and seals impressed
herein, by their proper officials, in Monroe County, Florida, all
as of the day and year first above written.
MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL
By
CHAIRMAN
(SEAL)
Attest:
SECRETARY
KEYS ADVERTISING & MARKETING,
INC.
By --.D \)S\ &, ().. ~ \ ~)
PRE IDE
(SEAL)
Attest:
'-1(~711#'~
SECRETARY I
A~PR VED AS TO FORM
AN. GAL SUFFICIE!!E!i). Yo
~~ Q. ./^r:t.V /
8V AttNn6(s aNi.. d (,
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AGREEMENT
1:71:) day of /~/embe,.,
. ,
THIS AGREEMENT is entered into this
1985, by and between Monroe County Tourist ,Development Council,
hereinafter referred to as the "TDC", and Keys Advertising &
Marketing, Inc., a Florida corporation, hereinafter referred to
as "Corporation".
.' .
WITNESSETH:
WHEREAS I the Monroe County Board of County Commissioners
authorized and directed the County Mayor/Board Chai~man to enter
into this professional services agreement with the Corporation by
Monroe County Resolution No. ,~//-/9 If 6-, passed and adop ted on
/
the J,~iJ, day of (1I()l'/2.>>ber-, 1985,
NOW, THEREFORE, for' and in consideration of the mutual
covenants hereinafter contained, the parties agree as follows:
1. TERM: The term of this Agreement is for a period of
thirty-six (36) months commencing April 17, 1985, and terminating
April 16, 1988.
2.
CONTRACT AMOUNT:
TDC shall pay Eight Thousand One
Hundred and 00/100 dollars ($8,100.00) per month beginning on the
date of this contract and continuing until September 30, 1986, to
the Corporation for the following services as outlined and shown
in Appendix "A".
The monthly payment of Eight Thousand One Hundred and 00/100
dollars ($8,100.00) shall be payable on the first day of each
,
month~
The aforementioned fee shall be adjusted on an annual basis
to reflect an increase or decrease in administrative costs.
This increase or decrease shall begin on the first day of
each fiscal year, October 1, and on October 1, in each additional
year of this agreement.
This contract amount shall cover all administrative services
and costs. Any additional requests not agreed to in the terms of
the contract shall be approved by the Tourist Development Council
with final approval to come from the Monroe County Commission.
3. COSTS: All costs are reflected in Appendix "B".
.-
4.
1..... ~L REIMBURSEMENT:
Reimbursement fOl ...... <.1ve 1 sha 11
be provided by the Monroe County fourist Development Council at
the rates established by Florida State Statutes and County
Administrative Orders.
5.
TERMINATION; RENEWAL:
Either party shall have the
right to cancel this contract at its sole discretion with ,or
without cause upon sixty (60) days prior written noti~eto the
;' other party after an initial six (6) month period.
6.
APPLICABLE LAW; VENUE:
This Agreement shall be gov-
erned by and construed according to the laws of the State of
Florida and all actions brought under or pursuant to this Agree-
ment shall be brought in a court of competent jurisdiction in
Monroe County, Florida; provided, however, that the parties may
mutually agree in writing to arbitration of any dispute unless at
the time of the dispute both parties agree in writing to be bound
by the determination of the arbitrator(s).
7. 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, of the applica-
tion of such provision other than those as to which it is invalid
or unenforceable, shall not be affected thereby; and each pro-
vision of this Agreement shall be valid and enforceable to the
fullest extent ,permitted by law.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in their names and seals impressed
herein, by their proper officials, in Monroe County, ~lorida, all
as of the day and year first above written.
(Seal)
Atte:tiZ ' -;(, "
/11-1 t..c ' 7 hl/nY)(}I-~ .~
Secretary
NONROE COUNTY TOURIST
~~~AC~L ~~. M '
" Chairman - ~
:;
KEYS ADVERTISING & MARKETING,
INC .'\ .' \ '\' \
By ',(:'.\1<\,)(\. '\CV"",'L-'
President'
(~eal)
At~ d .
'/1/\{; . TJZ/J7)l~;------
Secretary I
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APPRO ED AS 70 FORM
A ; D LE AL ~UFFlCIENCyJ !
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Attornoy's Office ':....:7 h
APPENDIX "A"
Services to be rendered by the Corporation to the TOC:
Opening and establishing a"full-time TOC office.
Administration and supervision of a full-time TDC office.
1.
2.
3.
4.
.. .
5.
6.
7.
8.
9.
10.
11.
Administration and supervision of developmental policies,
procedures and .employees.
Representation of TDC in all phases of tourist development
matters.
Enforcement of Monroe County policies, rules and regulations
as they pertain to the operation of the TDC office.
Development and administration of the TDC budget.
Coordination of the activities of contractual advertising
agencies.
Coordination of the activities of contractual agreements
with any other agencies.
Development of new opportunities to further enhance the
total visitor product.
Preparation and maintenance of complete TDC records and
required reports.
To help establish a listing of each property in each of the
five districts responsible for collection of the 27. Resort
Tax.
12. To communicate any actions of the TOC as they relate to the
five districts, and to coordinate the activities of same.
13. To assist in the establishment of a Policy and Procedure
Manua 1 .
14. To effectively establish a data base of materials for
reference by the various districts and the Department of
Commerce.
IS. To prepare an annual TDC budget as reflected by anticipated
funds with input from the five districts as to individual
district needs.
16. To provide adequate secretarial services, mailing services,
as well as planning services as needed by the TOC.
17. To provide services to monitor meetings of the County
Commission, District Advisory Committees and any other
meetings the TDC may deem nece~sary for the proper
functioning of the TDC.
18. To submit monthly progress reports to the Council and in
general, keep the Council informed and up to date with~the
happenings of tourism in and out of the County.
19. To provide the very important financial information
necessary for the TDC in order for the TOC to act upon
requests in'a financially sound manner as it relates to
cultural requests.
20. To provide the very important financial information
necessary for the TOC to act upon requests for advertising,
marketing, and public relations expenditures.
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APPENDIX "B"
Administrative Costs as outlined to the Tourist Development
Council:
Contract Amount: $8,100 monthly
To cover:
." .
Administrative Services:
Administrative Costs:
Phones and all long distance calls
Dues & Memberships in Professional Associations
(Direct TDC expense)
Office Supplies
Computer Software (specifically for TDC; shall be
, TDC expense)
Portage - mailing of minutes & other '
correspondence to council members, advisory
committees and Chambers
All equipment necessary to perform administrative
duties.
Past Costs Show:
Secretarial Services
(coverage of meetings)
Postage Costs
(mailing of minutes, etc.)
Volunteer Services Provided:
Fair Market Value Estimate
$ 5,000.00
$ 1,400.00
$25,000.00
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