AGREEMENT TO PRODUCE AN OFFICIAL VISITOR GUIDE FOR THE CITY OF CLEARWATERAGREEMENT
This Agreement is made and entered into this /D day of September 2010
between the City of Clearwater, hereinafter referred to as the City, and Clearwater
Regional Chamber of Commerce, hereinafter referred to as the Agency.
WHEREAS, the City desires to produce an official Visitor Guide for the City of
Clearwater; and
WHEREAS, the Agency entered into a three-year contract with Heron
Publications in 2009 to produce the annual Visitor Guide on behalf of the City of
Clearwater; and
WHEREAS, the first of the three Visitor Guides has been produced;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of twelve months (12)
commencing as of October 1, 2010, and continuing through September 30, 2011, (the
Termination Date) unless earlier terminated under the terms of this agreement. This
Agreement can be extended by the mutual written agreement of both parties.
ARTICLE 11. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide the services described in
Exhibit "A."
2. Area to be Served: Services rendered through this agreement shall be primarily
for the area located 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's
Economic Development and Housing Director with a monthly report of activities
conducted under the provisions of this agreement. Each report is to identify the
activities conducted that month, and confirmation of the number of guides mailed to
consumers, travel trades, State Welcome Centers, on-line requests and various group
welcome packets.
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 Scope of
Work (Exhibit "A").
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 two (2) years.
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. Funds. The City, for the FY 2010/2011 budget year, agrees to provide
$26,000:00 to the Agency to assist in the project management, postage and shipping,
and administrative & labor expenses to produce and distribute the Visitor Guide.
2. Payments: Invoices will be provided to the City of Clearwater, Economic
Development and Housing Department, on a monthly basis requesting payment for: (a)
percent of work completed on Project Management and Chamber Administrative &
Labor, (b) prepayment for postage, and (c) actual costs to be reimbursed per line item
as described in Exhibit B.
2
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 be
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 or Economic Development and Housing Director, City
of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748.
2. If to Agency, addressed to, Bob Clifford, President/CEO, Clearwater Regional
Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date and year first written above.
CLEARWATER REGIONAL CHAMBER
OF COMMERCE
(Agency)
CITY OF CLEARWATER, FLORIDA
(City)
By:
ebb Clifford
PrPCidPnt/rF0
By:
-02. ?-A -
William B. Horne II
City Manager
Frank V. Hibbard
Mayor
y?c?p,?,aF rNE%y
ATTEST:
Rosemarie Call, MPA, CM
City Clerk
Approved as to form:
Pam Akin
City Attorney
Exhibit A
Scope of Work
• The Agency will produce the Official Clearwater Florida Visitor Guide. This
includes writing copy and verifying existing information, new photography,
graphic design and printing the guides. The Agency will collaborate with the City
of Clearwater and its tourism partners in proofreading the draft of the Visitor
Guide. The 2011 Visitor Guide will be available for distribution in December
2010.
• The Agency will oversee the Visitor Guide fulfillment. All requests received from
various sources will be sent directly to the mailing house. The mailing house will
prepare a monthly report indicating the number of leads by source, number of
pieces mailed, postage amounts, etc. The Agency will send the Clearwater
Beach Chamber a listing of prospects received from all non-chamber sources.
• The Agency will also oversee the Visitor Guide distribution of 50,000 printed
copies. The Agency will contract for and maintain the inventory of visitor guides
at the 1-75, 1-10, and 1-95 State Welcome Centers as well as the Clearwater
Beach Visitor Information Center.
• The Agency will provide the electronic version of the Visitor Guide to be placed
on the visitclearwaterFlorida.c om website. It will also be made available to be
placed on the Clearwater Regional Chamber of Commerce and Clearwater
Beach Chamber websites.
• The Agency will offer request forms on their website and will also provide the
handling of telephone and email requests.
• The Agency will update the accommodations listing of the Clearwater Beach and
Clearwater mainland properties for the Official Visitor Guide.
• The Agency will provide monthly reports of the activities accomplished above as
well as the number of guides distributed.
Exhibit B
Estimated Cost Breakdown
Production of Visitor Guide $ 0
Project Management (Creative writing, editing, proofing) $ 5,000
Postage/Shipping $ 6,750
State Welcome Center Racks $ 2,000
Fulfillment Company $ 6,750
Envelopes $ 1,000
Chamber Administrative & Labor (mailing in house, etcl____ __$ 4,500
TOTAL $26,000