10/17/2014 Agreement3
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AMY HEAVILIN, CPA
o CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November 20, 2014
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN.• Kelly
Administrative Assistant
FROM. Lindsey Ballard, D.C.
v
At the October 17, 2014, Board of County Commissioner's meeting the Board granted approval and authorized
execution of the following items:
Item D2 Agreement with Mote Marine Laboratory, Inc. to cover the Mote Coral Reef Restoration Key
West Waters in an amount not to exceed $54,000, DAC I, FY 2015 Capital Resources.
Item D3 Agreement with Mote Marine Laboratory, Inc. to cover the Mote Coral Reef Restoration Lower
Keys Waters in an amount not to exceed $54,000, DAC II, FY 2015 Capital Resources.
Item D4 Agreement with City of Key West to cover the Vietnam Veteran's Memorial Project in an
amount not to exceed $243,475, DAC I, FY 2015 Capital Resources.
Item D5 Agreement with The Studios of Key West, Inc. to cover the Scottish Rite Masonic Center
Renovation Phase II in an amount not to exceed $300,000, DAC I, FY 2015 Capital Resources.
Item D6 Agreement with Florida Keys History of Diving Museum, Inc. to cover the History of Diving
Museum Improving Museum Sustainability in an amount not to exceed $5,691, DAC IV, FY 2015 Capital
Resources.
Item D7 Agreement with Dolphin Research Center, Inc. to cover the DRC Renovate Fish House Building
in an amount not to exceed $57,500, DAC III, FY 2015 Capital Resources.
Item D8 Agreement with The Mel Fisher Maritime Heritage Society, Inc. to cover the Mel Fisher
Maritime Museum Life Safety and Security Improvements in an amount not to exceed $6,308, DAC I, FY 2015
Capital Resources.
Item D9 Agreement with Dolphin Research Center, Inc. to cover the DRC Construct Welcome Center
Building in an amount not to exceed $421,700, DAC III, FY 2015 Capital Resources.
Item D10 Agreement with Key West Art and Historical Society, Inc. to cover the Custom House Plumbing
Repairs and Upgrades in an amount not to exceed $19,100, DAC I, FY 2015 Capital Resources.
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 195 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
Item DI I Agreement with Dolphin Research Center, Inc. to cover the DRC Construct Animal Care &
Training Office Building in an amount not to exceed $48,120, DAC III, FY 2015 Capital Resources.
Item D12 Agreement with Key West Players, Inc. to cover the Waterfront Playhouse AC Replacement,
Awning and Lighting Upgrade in an amount not to exceed $171,000, DAC I, FY 2015 Capital Resources.
Item D13 Approval of Cultural Umbrella event agreements for FY 2015 as per attached spreadsheet totaling
$529,501.
Item D14 Approval of Fishing Umbrella event agreements for FY 2015 as per attached spreadsheet totaling
$325,800.
Item D15 Agreement with City of Marathon to cover the Marathon Oceanfront Park Phase 5 — Boardwalk
in an amount not to exceed $45,900, DAC III, FY 2015 Capital Resources.
Item D16 Agreement with Pigeon Key Foundation, Inc. to cover the Pigeon Key Gang Quarters Window
Repairs in an amount not to exceed $3,400, DAC III, FY 2015 Capital Resources.
Item D17 Agreement with Pigeon Key Foundation, Inc. to cover the Pigeon Key Gang Quarters Bathroom
Repairs in an amount not to exceed $18,000, DAC III, FY 2015 Capital Resources.
Item D18 Approval is requested to waive policies and bid process and enter into a contract with The
Ameurop Group, Inc. who is the only entity that provides multilingual tourist assistance for 24 hours; 7 days a
week; 365 days a year. The Ameurop Group, Inc. provides live assistance through to 1- 800 - 771 -KEYS and
provides a monthly detailed report.
Item D19 Agreement with Greater Marathon Chamber of Commerce, Inc. covering Original Marathon
Seafood Festival in March 2015 in an amount not to exceed $50,000, DAC III, FY 2015 Event Resources.
Item D20 Agreement with Domestic Abuse Shelter, Inc. covering No Name Race in January 2015 in an
amount not to exceed $7,500, DAC II, FY 2015 Event Resources.
Item D21 Approval of a Turnkey Event Agreement with Premiere Racing, Inc. covering Key West Race
Week 2015 in January 2015 in an amount not to exceed $120,000, DAC 1, FY 2015 Event Resources.
Item D22 Agreement with MRM Key West LLC covering Key West Food and Wine Festival in January-
February 2015 in an amount not to exceed $25,000, DAC 1, FY 2015 Event Resources.
Item D23 Agreement with Key West Half Marathon LLC covering Key West Half Marathon & 5K Run,
17th Annual in January 2015 in an amount not to exceed $35,000, DAC I, FY 2015 Event Resources.
Item D24 Agreement with Islamorada Chamber of Commerce, Inc. covering Florida Keys Island Fest, 24th
Annual in March 2015 in an amount not to exceed $20,000, DAC W, FY 2015 Event Resources.
Item D25 Agreement with Key Largo Merchants Association, Inc. covering Key Largo Stone Crab &
Seafood Festival in January 2015 in an amount not to exceed $30,000, DAC V, FY 2015 Event Resources.
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
Item D26 Agreement with Key Largo Merchants Association, Inc. covering Uncorked - Key Largo &
Islamorada Food & Wine Festival in January 2015 in an amount not to exceed $40,000, (DAC IV = $20,000,
DAC V = $20,000), FY 2015 Event Resources.
Item D27 Agreement with Steele Blades, Inc. covering Miss Gay Southernmost USofA in March 2015 in an
amount not to exceed $10,000, DAC 1, FY 2015 Event Resources.
Item D28 Agreement with Lower Keys Chamber of Commerce, Inc. covering Big Pine & Lower Keys 11th
Annual Nautical Flea Market in January 2015 in an amount not to exceed $15,000, DAC II, FY 2015 Event
Resources.
Item D29 Agreement with Rotary Club of Key Largo Charitable Events, Inc. covering Brew on the Bay in
January 2015 in an amount not to exceed $10,000, DAC V, FY 2015 Event Resources.
Item D30 Agreement with Monroe County Commercial Fishermen, Inc. covering Florida Keys Seafood
Festival, 10th Annual in January 2015 in an amount not to exceed $17,000, DAC 1, FY 2015 Event Resources.
Item D31 Agreement with Florida Powerboat Club, Inc. covering Winter Poker Run & Regatta 2015 -
Marathon, 14th Annual in January 2015 in an amount not to exceed $30,000, DAC I11, FY 2015 Event Resources.
Item D32 Agreement with Florida Powerboat Club, Inc. covering Miami Boat Show Poker Run to
Islamorada 2015, 20th Annual in February 2015 in an amount not to exceed $10,000, DAC IV, FY 2015 Event
Resources.
Item D33 Agreement with Keys Area Interdenominational Resources, Inc. covering Sombrero Beach Run
in March 2015 in an amount not to exceed $20,000, DAC 111, FY 2015 Event Resources.
Item D34 Agreement with Cl Management Group Inc. covering Jimmy Johnson National Billfish
Championship in March 2015 in an amount not to exceed $15,000, DAC V, FY 2015 Event Resources.
Attached is a duplicate original of the above mentioned for your handling. Should you have any
questions, please feel free to contact our office. Thank you.
CC: County Attorney (Electronic Copy)
Finance (Electronic Copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
AGREEMENT
THIS AGREEMENT (Agreement), made and entered into this day of
2014, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called the
County), and The Ameurop Group, Inc. (hereinafter called the Contractor).
WITNESSETH:
WHEREAS, the County wishes to enter into this Agreement with Contractor,
so that they will provide a multilingual tourist assistance service for the Florida Keys;
and
WHEREAS, the Contractor has successfully provided multilingual tourist
assistance services on behalf of the County and Tourist Development Council since
1994; and
WHEREAS, the Contractor is the only entity that provides multilingual tourist
assistance for twenty -four (24) hours, seven (7) days a week, three hundred and
sixty -five (365) days a year; and
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Term The term of this Agreement is for a period of three (3) years beginning
December 1, 2014 and expiring on November 30, 2017. The County shall have an
option to extend the Agreement for one additional two (2) year period.
2. Scope of Services The Contractor shall provide multilingual visitor
assistance services for the County as described below:
a) Provide multi - lingual tourist assistance (all major languages of the world)
regarding all questions or problems a visitor may encounter in the Florida
Keys or if the visitor is traveling from or to the Florida Keys via toll free 800
lines.
b) The service will be available 24 hours; 7 days a week; 365 days a year.
c) The phones will be answered always live - no recordings.
d) Assistance will be provided in case of medical needs.
e) Assistance will be provided in case of law enforcement needs.
f) Language assistance will be provided with business - related problems or
inquiries (lodging, attractions, restaurants, shopping, etc.).
g) Transportation directions provided to all areas within the Florida Keys to
include attractions, hotels, diving or boat charters, restaurants, shops, etc.
h) Transportation directions provided from major Florida cities to the Florida
Keys and vice versa.
Ameurop Group, Inc.
ID #: 1485
i) The Florida Keys 800 assistance number 1- 800 - 771 -KEYS (5397), a
Contractor owned and registered number, will be exclusively used to serve
the Florida Keys for the life of the Agreement and will be accessible
throughout the State of Florida.
j) Contractor will provide as many additional phone lines (same number 1-
800- 771 -KEYS) and as many additional operators in case of any
emergency or crisis situation in the Florida Keys as needed to handle the
calls live and with no recordings or busy signals.
k) Contractor will provide monthly call reports listing the caller's name, origin
and the reason for the call. In case of emergency situations like
hurricanes, where there may be an increase in the number of calls, the
report may show the number of calls and a single name.
The Contractor warrants that it is authorized by law to engage in the performance of
the activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The Contractor shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services
to be provided. The Contractor shall provide services using the following standards,
as a minimum requirement:
I. The Contractor shall maintain adequate staffing levels to provide the
services required under the contract.
II. The personnel shall not be employees of or have any contractual
relationship with the County. [IF APPROPRIATE: To the extent that
Contractor uses subcontractors or independent contractors, this
Agreement specifically requires that the level of independence normally
exercised by such subcontractor's and independent contractor's be
curtailed and that they be supervised by the Contractor.]
III. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
MONTHLY REPORTS
Ameurop Travel Services shall provide to TDC Administrative Office, 1201 White
Street, Suite 102, Key West, Florida, monthly reports and documentation of results of
services every month, within twenty days of the end of the month. Monthly reports
shall show, at a minimum, dates, names and addresses of the tourists assisted.
3. Compensation Contractor fee shall be Eighteen Thousand Dollars ($18,000)
per year as specified which shall be paid in monthly installments of Fifteen Hundred
dollars ($1,500) after proof that service has been provided. Monroe County's
performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the County.
Ameurop Group, Inc.
ID #: 1485
4. Contractor's Acceptance of Conditions The Contractor hereby agrees to
carefully examine the scope of services and assumes full responsibility therefore.
Under no circumstances, conditions or situations shall this Agreement be more
strongly construed against the County than against the Contractor.
A. Any ambiguity or uncertainty in the scope of services shall be interpreted
and construed by the County, and the County's decision shall be final and
binding upon all parties.
B. The passing, approval and /or acceptance by the County of any of the
services furnished by the Contractor shall not operate as a waiver by the
County of strict compliance with the terms of this Agreement. Failure on the
part of the Contractor, immediately after Notice to Correct a default, shall
entitle the County, if it sees fit, to correct the same and recover the reasonable
cost of such replacement and /or repair from the Contractor, who in any event
shall be jointly and severally liable to the County for all damage, loss and
expense caused to the County by reason of the Contractor's breach of this
Agreement and /or his failure to comply strictly and in all things with this
Agreement and with the specifications.
C. The Contractor agrees that the TDC may designate representatives to visit
the Contractor's facility(ies) periodically to conduct random open file
evaluations during the Contractor's normal business hours.
D. The Contractor warrants that it has, and shall maintain throughout the term
of this Agreement, appropriate licenses and permits required to conduct its
business, and that it will at all times conduct its business activities in a
reputable manner. Proof of such licenses and permits shall be submitted to
the County upon request.
5. Contractor's Financial Records Contractor shall maintain all books, records
and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the
termination of this Agreement.
6. Public Access The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this
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ID #: 1485
Agreement; and the County shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Contractor.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
A. Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in order to perform the service.
B. Provide the public with access to public records on the terms and
conditions that Monroe County would provide the records and at a cost that
does not exceed the cost provided in Florida Statutes, Chapter 119 or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law.
D. Meet all requirements for retaining public records and transfer, at no cost,
to Monroe County all public records in possession of the Contractor upon
termination of the Agreement and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems
of Monroe County.
7. Hold Harmless The Contractor covenants and agrees to indemnify and hold
harmless the County and the TDC from any and all claims for bodily injury (including
death), personal injury and property damage (including property owned by Monroe
County) and any other losses, damages and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its subcontractors in any tier, occasioned by the negligence,
errors or other wrongful act of omission of the Contractor or its subcontractors in any
tier, their employees or agents.
8. Independent Contractor At all times and for all purposes under this
Agreement the Contractor is an independent Contractor and not an employee of the
County. No statement contained in this Agreement shall be construed so as to find
the Contractor or any of his employees, contractors, servants or agents to be
employees of the County.
9. Nondiscrimination The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement
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ID #: 1485
automatically terminates without any further action on the part of any party, effective
the date of the court order. The parties agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL
88 -352), which prohibit discrimination in employment on the basis of race, color,
religion, sex and national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to
time, relating to nondiscrimination in employment on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or State statutes which may apply to the
parties to, or the subject matter of, this Agreement.
10. Assignment/Subcontract The Contractor shall not assign or subcontract its
obligations under this Agreement, except in writing and with the prior written approval
of the County and Contractor, which approval shall be subject to such conditions and
provisions as the County may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Agreement.
11. Compliance with Law In providing all services /goods pursuant to this
Agreement, the Contractor shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this
Agreement and shall entitle the County to terminate this Agreement immediately
upon delivery of written notice of termination to the Contractor. The Contractor shall
possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
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ID #: 1485
12. Disclosure and Conflict of Interest The Contractor represents that it, its
directors, principles and employees, presently have no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required by this Agreement, as provided in Sect. 112.311, et
seq., Florida Statutes. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, the
Contractor shall notify the County of any financial interest it may have in any and all
programs in Monroe County which the Contractor sponsors, endorses, recommends,
supervises or requires for counseling, assistance, evaluation or treatment. This
provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
The County and Contractor warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, the Contractor agrees that the County shall have
the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
13. Arrears The Contractor shall not pledge the County's credit or make it a
guarantor of payment or surety for any agreement, debt, obligation, judgment, lien or
any form of indebtedness. The Contractor further warrants and represents that it has
no obligation or indebtedness that would impair its ability to fulfill the terms of this
Agreement.
14. Notice Requirement Any notice required or permitted under this Agreement
shall be in writing and hand delivered or mailed, postage prepaid, to the other party
by certified mail, returned receipt requested, to the following-
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FOR TDC Maxine Pacini
Monroe County TDC
1201 White Street #102
Key West, FL 33040
FOR COUNTY Christine Limbert- Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041 -1026
FOR CONTRACTOR The Ameurop Group, Inc.
P.O. Box 273095
Tampa, FL 33688 -3095
15. Taxes The County is exempt from payment of Florida State Sales and Use
taxes. The Contractor shall not be exempted by virtue of the County's exemption
from paying sales tax to its suppliers for materials used to fulfill its obligations under
this Agreement, nor is the Contractor authorized to use the County's Tax Exemption
Number in securing such materials. The Contractor shall be responsible for any and
all taxes, or payments of withholding, related to services rendered under this
Agreement.
16. Termination
A. The County may terminate this Agreement for cause with seven (7) days'
notice to the Contractor. Cause shall constitute a breach of the obligations of
the Contractor to perform the services enumerated as the Contractor's
obligations under this Agreement.
B. Either of the parties hereto may terminate this Agreement without cause by
giving the other party sixty (60) days written notice of its intention to do so.
17. Governing Law, Venue, Interpretation, Costs and Fees
A. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to agreements made and to be
performed entirely in the State.
B. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County
and Contractor agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
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C. The County and Contractor agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of
them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative and out -of- pocket expenses, as an award against the non -
prevailing party, and shall include attorney's fees, courts costs, investigative
and out -of- pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance
or breach of this Agreement, County and Contractor agree to participate, to
the extent required by the other party, in all proceedings, hearings, processes,
meetings and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
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ID #: 1485
18. Binding Effect The terms, covenants, conditions and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their
respective legal representatives, successors and assigns.
19. Authority Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
20. Claims for Federal or State Aid Contractor and County agree that each shall
be, and is, empowered to apply for, seek and obtain Federal and State funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals and funding solicitations are not for funding already provided under this
Agreement.
21. Privileges and Immunities All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability,
workers' compensation and other benefits which apply to the activity of officers,
agents or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers or employees outside the
territorial limits of the County.
22. Legal Obligations and Responsibilities Non - Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it
be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute
and case law.
23. Non - Reliance by Non - Parties No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third -party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer or employee of either shall have the
authority to inform, counsel or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
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24. Attestations Contractor agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement and a Drug -Free Workplace Statement.
25. No Personal Liability No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee
of Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
26. Execution in Counterparts This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by singing any such counterpart.
27. Section Headings Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of
any provision of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have Caused this Agreement to be
executed the day and year first above written.
(SEAL)
Attest: Amy Heavilin, Clerk
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MONROE COUNTY ATTORNEY
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CHRISTINE M. LIMBERT WROI�A
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Ameurop Group, Inc.
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ID#: 1486