Item D04
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
Meeting Date: AUGUST 19,2009
Division:
TDC
Bulk Item: Yes ---X-
No
Department:
Staff Contact Person/Phone #:Maxine Pacini - 206-1552
AGENDA ITEM WORDING:
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 BACKGROUND:
TDC approved same at their meeting of July 28,2009
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved same process to waive policies and bid process when we entered into an Agreement
with Ameurop Travel Service on December 15, 2004.
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $18,000 INDIRECT COST: N/A
/
COST TO COUNTY: $18,000 ~URCE OF FUNDS:
BUDGETED: Yes ~No
TDC
REVENUE PRODUCING: Yes ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing ~
Risk Management X
DOCUMENT ATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Ameurop Group, Inc. Contract #_ 624
Effective Date: 12/ 1/09
Expiration Date: 11/30/2012
Contract Purpose/Description:
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
reoort.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (DepartmentJStop #)
for BOCC meeting on 8/19/09 Agenda Deadline 8/4/09
CONTRAjT COSTS
Total Dollar Value of Contract: $ 18,000 Cu,rrent ~ar Popion: $ / /
Budgeted? YesC2J No D Account Codes: 115-75035-530340-TE-05-204-X-530480
-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
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Division Director
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County Attomey sj;J;!lo'1
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OMB Form Revised 2/27/01 Mep #2
AMElJROP CONTRACT
THIS AGREEMENT ("Agreement"), made and entered into this _ day of ,
2009, A.D., by and between MONROE COUNTY, FLORIDA. (hereinafter sometimes
called the "Owner"), and The Ameurop Group, Inc., (hereinafter called the
"Contractor").
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,
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein and for the consideration hereinafter set forth, the parties mutually
agree as follows:
1. THE CONTRACT
The contract between the Owner and the Contractor, of which this Agreement is a
part, consists of the contract documents. which are as follows: This Agreement and
any amendments executed by the parties hereafter, together with the response to
Request for Proposals (RFP) and all required insurance documentation. In the event
of a discrepancy between the documents, precedence shall be determined by the
order of the documents as just listed.
2. SCOPE OF THE WORK
The Contractor shall provide multilingual tourist assistance services for the County
as described below:
1. 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.
2. The service will be available 24 hours; 7 days a week; 365 days a year.
3. The phones will be answered always live - no recordings.
4. Assistance will be provided in case of medical needs.
5. Assistance will be provided in case of law enforcement needs.
6. Language assistance will be provided with business related problems or
inquiries (lodging, attractions, restaurants, shopping, etc.).
7. Directions provided to all areas within the Florida Keys or from the Florida Keys
to include attractions, hotels, diving or boat charters, restaurants, shops, etc.
8. The calls will have no restrictions in regard to language, duration or origin of the
callers location.
9. The Florida Keys 800 assistance number 1-800-771-KEYS - an Ameurop
phone assist owned and registered number will be exclusively used to serve
the Florida Keys for the life of the contract and will be accessible throughout
the State of Florida.
10. Ameurop phone assist will provide as many additional phone lines (same
number 'f~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.
11 . Ameurop phone assist will provide monthly call reports in the same manner as
provided so far - listing the callers name, origin, and the reason for the call. In
The Ameurop Group, Inc.
Contract ID: 624
case of emergency situations like hurricanes, the reports will show the number
of calls - due to the number of calls as shown in previous situations- a listing
by single name and call will be impossible.
Tile Ameurop Travel Service 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 contract documents. Ameurop Travel Service shall at all times exercise
independent, professional judgment and shall assume professional responsibility for
the services to be provided. Ameurop Travel Service shall provide services using the
following standards, as a minimum requirement:
I. The Ameurop Travel Service 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
Ameurop Travel Service uses subcontractor's or independent
Contractor's, this contract 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
Ameurop Travel Service.]
III. All personnel engaged in performing services under this contract 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 tourist assisted.
3. COMPENSATION
Contractor fee shall be Eighteen Thousand Dollars ($18,000) per year as specified
which shall be paid in monthly installments after proof that service has been provided.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the SOCC.
4. TERM OF CONTRACT
The term,of the contract is for three years, commencing on the 1 st day of December,
2009, and endin.g on the 30th day of November, 2012. In addition the County, at its
sole choice, has the option to extend the contract for one additional two (2) year
period.
The Ameurop Group, Inc.
Contract ID: 624
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees to carefully examine the specifications for which
the Contractor shall provide services and assumes full responsibility therefore.
The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. Under no circumstances, conditions, or
situations shall this Contract be more strongly construed against the County
than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by the County, and the County's decision shall be final and binding
upon all parties.
C. 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 Contract, and specifications covering the
services. Failure on the part of the Contractor, immediately after Notice to
Correct 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 Contract and/or his failure to comply strictly and in all things with this
Contract and with the specifications.
D. 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'~ normal business hours.
E. The Contractor warrants that it has, and shall maintain throughout the term of
this contract, appropriate licenses and approvals 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 approvals shall be submitted to
the County upon request.
6. 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. If an
auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.0,3, FS, running from the date the monies were paid to Contractor.
. ,
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7. PUBLIC ACCESS
The Ameurop Group, Inc.
Contract ID: 624
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 Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
8. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners 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 Subcontractor(s) 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all pJ..Jrposes under this Agreement the Contractor is an
independent contractor and not an employee of the Board of County Commissioners
of Monroe 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 Board of County Commissioners of Monroe County.
10. 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 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 S~ 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
The Ameurop Group, Inc.
Contract ill: 624
and Alcoholism Prevention, Treatment and Rellabilitation 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
id Respondent 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.
11. 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 Board of County
Commissioners of Monroe County and Contractor, which approval shall be subject to
such conditions and provisions as the Board 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.
12. 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 Board to terminate this contract
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 contract.
13. 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 contract, 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 emplbyment or contractual relationship; and disclosure or use of certain
information.
The Ameurop Group, Inc.
Contract ill: 624
Upon execution of this contract, 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 slJonsors, 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.
14. ARREARS
The Contractor shall not pledge the County's credit or make it a guarantor of payment
or surety for any contract, 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 contract.
15. 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:
FOR TDC:
Lynda Stuart
1201 White St. Suite 102
Key West, FL 33040
33041-1026
and
County Attorney
PO Box 1026
Key West, FI.
FOR CONTRACTOR:
The Ameurop Group, Inc.
P.O. Box 1675
Winter Haven, FL 33882-1675
16. 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 contract,
nor is the Contractor authorized to use the County's Tax Exemption Number in
The Ameurop Group, Inc.
Contract ID: 624
securing such materials. The Contractor shall be responsible for any and all taxes, or
payments of withholding, related to services rendered under this Agreement.
17, TERMINATION
A. The County may terminate this contract 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 contract.
S. Either of the parties hereto may terminate this contract without cause by giving
the other party sixty (60) days written notice of its intention to do so.
18. 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 contracts 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.
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,
The Ameurop Group, Inc.
Contract ID: 624
and out-ot-pocket expenses in appellate proceedings, Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules ot 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 no resolution
can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. 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.
19. 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.
20. 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.
21. 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 shall be
approved by each party prior to submission.
22. PRIVILEGES AND IMMUNITIES
All of the privil~~es 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
The Ameurop Group, Inc.
Contract ID: 624
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
23. 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 Respondent from any
obligation or responsibility imposed upon the Respondent by law except to the extent
of actual and timely performance thereof by any participating Respondent, 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.
24. NON-RELIANCE BY NON-PARTIES
No person or Respondent 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, Respondent 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.
25. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require,
to include a Public Respondent Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
26. 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.
27. EXECUTION IN COUNTERPARTS
This Agrepement 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.
The Ameurop Group, Inc.
Contract In: 624
28. 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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest
Secretary
The Ameurop Group, Inc.
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Print Name
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Print Name
Date:
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OR TWO WITNESSES
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(2)
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Print Name
Date:
Date:
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MONROE COUNTY ATTORNEY
APfRO,VIVD.AS.IO f~~~
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ASSIS-t~NT ~?~~TY ~~;'~1NEY
Date
The Ameurop Group, Inc.
Contract ID: 624
S\\OR.\ ST\TE",IE~T t~l)ER ORDI\A;\tCE ~O. 10-1990
)H):\jROE COleNT'\', FLORIDA
I If lies (L\l Sf.
71/ C'" !lit! c'.c.( /t";> /.? ce:;.;"(f.'<~ /J warrants that helit has not employed, retained or otherwise
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had act on hi slits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability and may
also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any
fee, commission, percentage, gift, or consideration pai~ to the former County officer or employee.
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