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AGREEMENT TO PROVIDE VISITOR INFORMTION SERVICES I I AGREEMENT This Agreement is made and entered into this .L2!!!.... day of December, 1999, between the City of Clearwater, hereinafter referred to as the City, and Greater Clearwater Chamber of Commerce, Inc. hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services for the City of Clearwater; and WHEREAS, the Agency has established programs that provide visitor information services for the City of Clearwater; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 9 months commencing on January 1, 2000, and continuing through September 30, 2000 (the Tennination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be provided within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City Manager with a quarterly report of activities conducted under the provisions of this agreement. Each report is to identify the number of clients served the costs of such service, and commentary on the viability, effectiveness, and trends affecting the visitor program. The City may request additional reports if desired to monitor annual objectives set by the Agency. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the proposal submitted by the Agency to the City. (Exhibit "A") Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City. .41 "'(7 . J j / / / L,i ,I' / ! -...- (1.. I I 6. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than one (1) year. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds. The City, for the 1999/2000 budget year, agrees to provide $170,000.00 to the Agency to assist in funding Agency activities and expenses as identified in Exhibit "A". 2. Payments: The total amount of this grant will be paid by the City to the Agency on a quarterly basis. 2 tIJ I I ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand- delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 2. If to Agency, addressed to, Michael Meidel, President/CEO, Greater Clearwater Chamber of Commerce, Inc., 1130 Cleveland Street, Post Office Box 2457, Clearwater, Florida 33757-2457. 3 ;jJ I I I IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. GREATER CLEARWATER CHAMBER OF COMMERCE (Agency) By: Michael Meidel President/CEO ry'Y\~CVYlJY) ~CL, Print Name: !Y\a..''jCAnn .f3ruc~ Secretary !fJ CITY OF CLEARWATER, FLORIDA (City) By: ichael J. Roberto City Manager Brian J. Aung Mayor-Commi siQner ATTEST: - - C ,:: y': ~ ~~_c. .. .' g~ 'I:r~' Goudeau .' .... ..' Approved as to form: ~~ John Carassas Assistant City Attorney 4 EII8CUfItIe c-lftM Judy Mitcnel ChBitm8It of 1m 803rt1 E.O. Atmstr0r'9. 1M ~: Holly Ourcan \lCG~l!lIAIfaiN ~~~ JQIYIP.~ VC Srrd/f 8u~ Robert l<im.,. \IC AIM Cout\oIs GreQ Btosiul IIC TCMi&'rt Jsanettlt RenlrOOl VC~ Pv/)IiC Aefa!l:lllS Ftaf,lc V. MUfPI'1Y. III VC~~ Gary s. Gray T IUSI.nI'" Cl1ar&s O. FW. II ~,. PI$( C1Is/Imen JuIUs J. Zsct1au LrgII~ t.1I<c lIilejdel PtesIt1enI. CEO ~ofDl~ Mart< AlXlo l<ellIl~eIer ~ Binger . St_ Chandler r,..,AlSIl ()ans Edward C. Droste Par 0lJIl'y Ridwd FllZ98ra1d Doug ~1Wd8rido;s Judy Ganisin H~ Hamilton Kamllll'l G. Hamltcn W\Iliam 1-leIlef: Phi M. H.,,~ Guy ..Ia$min Oanene KoIe AIsn MMnlng Brad McMUf'lrty AII$lldes Mili011l$ JIm M.,etS DQ..id Nadftl) ~ ~180'! Joe AilCl'lie Da')l J, SeaIl71 08..;0 Sille 519\19 Speror ~p. Stona P.otI$Id W. $1...'8'1 John TlITIDer1al<e JiIIT&I WsltaJS ~ J. IM.1Iani i GREAkR CLEARWATER CHAMBER OF COJvV.AERCE 1130~D ST.. P.O.80X l451. ClfAR'NAlElt. R.3:J157-2457 . 727/441-001 I . FM 7'27/4.49.2889. -.~onda_""ll September 13, 1999 Mike Robeno Cily Manager City of C1eaIvr.1tc:r P.O. Box 4743 C1~ FL 33787.-748 Dear- Mike: ToCODfinuoura~ diSClJSSed Seplcmbcr 9.1999, the GRater OeaJWaterofComme:rte is pleased to CiODbxt with !he City of CkaI:water to provide the foIloMDg semces pnMously bandied by the City's toDrlsm oftic:e. .... 1) We will oversee VJSitor Guide fh]fillment We are cunem1y awaiting bids from mailing housea to peUOlDl Ibis f1maioa. All requesIS received from the various IOUI'CCS (for example. ~ Media. the Chambers. AmweI E~I~ etc.).wiJ1 be seIlt dia:ct1y to tbc maDiDg house. The mailiD& house will prepare a DIOIIlhly report iDdicabng the IlDJDbar of leads by sour~~ nu.mber of ~ mailed, postage amouDts. *- The rcpon "ill be fonwJde4 10 the C1earMder Beach ChmnMt, along with the li.stiDg ofpIQSpeCU receMd ftom. aU DoOQ-dwnber soun:es. 2) WcwiU m:lIinhlin the iDveotory of~ guides at the state WeJoome Centers md will take over paymeDt or rack brodmre space at the 1~ and Yulee Ceotas aft.c:r July 1, 2000. 3) We will pIaee destiD8doD. atvenisiDg iD. the St PetenburglCIcarMtct A1.ea Cozrveu1ion 3Dd -, VISitors Bureau aod VISit Florida Visitors Guides. Ad c:rcaIivc should. be redone evert three )UlS. 1be 2000-100 1 guides v.'iU JIced new acariw. lIDdwill n:quire additional iuDding in UIat fiscal year', budget. 4) We ~11DlB13gc me CODUaCt wUh NJswcr E)'~I...-..;e for lOll-me number a.oswering services and oVersee the W ATS seMces/bllling. 5) The foi:mcr IoUrism office pJIooe ]iDe will be 8IISWetCd by VRU with two caller options: a) fotWazdiDg to Answer Excel1~ for VlSilor Guide fh1fi1lmimf.; b) forwardiDg kJ an information speciaUst at the Greatt:r CJearwarc:r Chamber for all other needs. This phone number will be rc:moved fioJu the teIepbooe ~pany's diredo1y assi5taDc:e 1istiDg. 10 c::alls should 500ft originam only in ~ to intmlational advertising.. These calls are expected to total 20-30 per monrh. The 0raIe,r Clearwater n....m...r of Commero= will prlJ'iOc these seMa:s to lhc: City of Clearwater for S170,000 per year. If. in any given year. the teNiteS Usled above tan be handled for less than d1al amount, tbc balaDcc will be applied to lIdc&tiODal destiDatiOll adva1isiD~ We will pickup tbeW'\VW.Visirqear\\"atcrFlorida com domaiDname iD.December. Expenses \WI be paid from the c:bambeJ> s badget aud we will oper.de it as an t:<[CDSion ofour 'web site. We look forward lD Ibis opp:lttwnty rD par1DCr with the City of Qearwaler 10 ~ the value of your inVeslme:m in the: tourism mdusuy and beucllt an residents and bn~~ in !be city. Sincerely, MidIae1 Meidel PresidemlCEO 7k V'ceCe. c/ ~~ ~ ()M. ~ EXHIBIT "A"