Item F29 F.29
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida.Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: F29
Agenda Item Summary #6135
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval to enter into an Agreement with the Ameurop Group,
Inc. , as a sole source provider of multilingual tourist assistance 24 hours a day; 7 days a week; 365
days a year, and exclude from competitive solicitation.
ITEM BACKGROUND: TDC Approved same at their meeting of September 17, 2019
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ameurop Agreement
FINANCIAL IMPACT:
Effective Date: December 1, 2019
Expiration Date: November 30, 2022
Total Dollar Value of Contract: $54,000
Total Cost to County: No Cost to County
Current Year Portion: $18,000
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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F.29
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
10/16/19 115-75035 - 35% - EVENTS $18,000.00
REVIEWED BY:
Maxine Pacini Completed 09/27/2019 2:04 PM
Christine Limbert Completed 09/29/2019 9:50 AM
Budget and Finance Completed 10/01/2019 10:41 AM
Maria Slavik Completed 10/01/2019 10:44 AM
Kathy Peters Completed 10/01/2019 10:51 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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AGREEMENT
THIS AGREEMENT (Agreement), made and entered into this day of
, 2019, by and between MONROE COUNTY, IFLORIDA, (hereinafter
called the County), and The Arneurop Group, Inc. (hereinafter called the Contractor).
VVITNESSETH-
WHEREAS, the County wishes to enter into this Agreement with Contractor to
provide a multilingual tourist assistance service for the Florida Keys; and
WHEREAS, the Contractor has successfulily provided multiling�ual 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- 0-
five (365) days a year; and
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NOW THEREFORE, in consideration, of the mutual covenants contained herein,
the parties agree as follows:
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1. Term: Thee term of this Agreement is for a period of three (3) years beginning
December 1, 2019 and expiring on November 30, 2022. The County shall: have an
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option to extend the Agreement for one addlitional two (2) year period'.
2. Scope of Services: The Contractor shall provide multilingualE
visitor
assistance services for the County as described below:
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a), Provide mullti-lingual tourist assistance (all major languiages, 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
inquiriies (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.
i) The Florida Keys 800 assistance number 1-800-771-KEYS (5397), a
Contractor owned and regiistered number, will be exclusively used to serve
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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 siingle name.
Thee 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 this
Agreement. The Contractor shall at alit 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
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requirement:
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I. The Contractor shall maintain adequate staffing level's to, provide the serviices
required under the contract.
IL The personnel shall not be employees of or have any contractual relationship
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with the County
111, 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. 0.
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MONTHLY REPORTS <
Arneurop Travel Services shall provide to TDC Administrative Office, 1201 White E
Street, Suite 102, Key West, Florida, monthly reports and documentation of resuilts 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's 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,
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 moire strongly
construed against the County than against the Contractor.
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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 passinigi, 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, immedii:ately after Notice to Correct a default, shall entitle the County,
if it sees fit, to correct the same aindl recover the reasonable cost of such,
replacement and/or repair from the Contractor. Contractor shall be liable 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 with this Agreement
and with the specifications.
C. The Contractor agrees that the TDC may designate representatives to visit
the Contractor's faciHty(ies) periodically to conduct random open file evaluations
during the Contractor"s normal business hours. 0-
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D. The Contractor warrants that it has, and shall maintain throughout the term <
of this Agreement, appropriate licenses and permits required to conduct its
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business, and that it will at all times conduct its business activities in a reputable 4)
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manner. Proof of such licenses and permits shall be submitted to the County
ulpoin request.
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5. Contractor's Financial) Records: Contractor shall maintain all books, records and
documents directly pertiinent to performance, under this Agreement in accordance with
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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 E
during the term of the Agreement and for four years following the termination of this
Agreement.
6. Public records Compliance: Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" 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 contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
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prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119,0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County
to perform, the service.
(2) Upon receipt from the County's, custodian of records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
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authorized by law for the, duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County. E
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain public
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records that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the E
contract, the Contractor shall destroy any duplicate publlic records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy publlic records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to, be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and riglht to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within, a reasonable time may be subject to
penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided iln this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
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THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
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RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS,, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN&MONRO,ECOUNTY- E
FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12 T11
Street, SUITE 408, KEY WEST, FL 33040.
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7. Hold! Harmless: The Contractor covenants and agrees to indemnify and hold E
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
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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 suibcontractors in any tier, occasioned by the negligence, errors or other
wrongful act of omission of the Contractor or its subcontractors in any tiler, 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: County and Grantee agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurlisdliction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
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effective the date of the court order. County or Grantee 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 (PIL 88-352) whiich prohibits discrimination on the basis of race, color,
religion, sex and national origin; 2) Title I!X of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1'1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PIL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comiprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PIL 91-616)1, as amendedi, relating to nonidiscriminiati:on
on the basis, of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIIII of the Civil Rights
Act of 1968 (42 U'SC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
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(42 USC s. 12101 ), as maybe amended from time to time, relating to nondiscrimination <
on the basis of disability- 10) Monroe County Code Chapter 14, Article 11, which
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prohibits discrimination on the basis of race, color, sex, religion, national origin, 0
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ancestry, sexual orientation, gender identity or expression, familial status or age; 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.
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10„ Assign ment/Subcontract: The Contractor shall not assign or subcontract its
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obligations under this Agreement, except in writing and with the prior written approval
of the Couinty and Contractor, which approval shall be subject to such conditions and
provisions as the County may deem necessary. This paragraph shall be incorporated E
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 shalll 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
Couinty 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.
12. Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
priinciples and employees, presently have no interest and shall acquire no interest,
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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 publlic officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, Ibut not limited to,
solicitation or acceptance of gifts; doing business with one's agency, unauthorized
compensation; misuse of puiblilic position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
Upon execuition 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 0-
nor retained any company or person, other than a bona fide employee working solely
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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 0
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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
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monies owed, or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
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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 E
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 feg uirement: Any notice required or permitted under this Agreement
shall be in writing and hand delivered or mailed, postage prepaid, to the other party Iby
certified mail, returned receipt requested, to the following:
FOR TDC: Maxine Pacini
Monroe Coluinty TDC
1'201 White Street#102
Key West, FL 33040
FOR COUNTY: Christine Limbert-Barrows,
Assistant County Attorney
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PO Box 10�26
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 withho1ding, related to, services rendered under this
Agreement.
16. Termination-,
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A. The County may terminate this Agreement for cause with seven (7) days'
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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,
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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.
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17. Governing Law, Venue, Interpretation, Costs and Fees:
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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.
D. Severabillity, If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invallid 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 thiis Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
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covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the oiriigiinaI 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 i:nitiated 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-
prevailling party, and shall include attorney's fees, courts costs, investigative and
out-of-pocket expenses in appellate proceedings. Mediation proceedii:ngs
initiated and conducted pursuant to this, Agreement shall be in accordance with
the Florida Rules, of Civiil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
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F. Adjudication of Disputes or Disagreements. County and Contractor agree
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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
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or issues are stillnot resolved to the satisfaction of the parties, then any party 0
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shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
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G. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance or breach,
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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 suibstance of this Agreement or provision of E
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,
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 thiis Agreement have been dully 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
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the purpose of this Agreement, Any conditions imposed as a result of funding that effect
this Agreement will be provided to each party.
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 respionsibiility 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 responsibilliity. Further, this Agreement is not intended to, nor shall it be 0-
construed as, authorizing the delegation of the constitutional or statutory duties of the
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County, except to the extent permitted by the Florida constitution, state statute and
case law.
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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
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hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer or employee of either shall Ihave the authority to inform,
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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 suiperior to the community in general or for the purposes contemplated in E
this Agreement.
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 shialll be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
25. 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
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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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ICJ WITNESS VMER,EOF. the pates Wreto have causod this A9mOnw(d tO be
Oxecuted the day and year first above written.
(SEAL) Board of County Cow l 10(a r
Attest Kevin Maclok, Clerk n County
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Deputy Clerk air/Chaff
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