The URL can be used to link to this page

Home My WebLink About2016-187 AGREEMENT FOR PARATRANSIT IN-PERSON ELIGIBILITY ASSESSMENTS BETWEEN INDIAN RIVER COUNTY AND ADVANCED MOTION THERAPEUTIC MASSAGE, INC. THIS AGREEMENT is by and between Indian River County (hereinafter County) and Advanced Motion Therapeutic Massage, Inc., whose address is 2965 20th Street, Vero Beach, FL 32960, (hereinafter AMT). WHEREAS, the Senior Resource Association, Inc. (hereinafter SRA), a Florida not for profit corporation, is the fixed route and paratransit provider in Indian River County; and WHEREAS, the SRA issued an Invitation for Proposals for Americans with Disabilities Act Paratransit In-Person Eligibility Assessments; and WHEREAS, AMT responded to the Invitation and was chosen as the most responsive and qualified firm to provide services for Paratransit In-Person Eligibility Assessments. NOW THEREFORE, County and AMT, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK AMT shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ADA Paratransit In-Person Eligibility Assessments as described in the Invitation for Proposals dated April 1, 2016. The Invitation for Proposals is attached to this Agreement and incorporated by reference herein. ARTICLE 2 - EVALUATIONS The SRA will provide AMT with the name and contact information of an applicant for transit services. AMT shall conduct the Evaluations according to the terms described in its response to the Invitation for Proposals attached to this Agreement as Exhibit "B" and incorporated by reference herein. ARTICLE 3 — TERM AND CONTRACT PRICE The term of this Agreement shall run for three years commencing on November 1, 2016 and terminating October 31, 2019 and may be renewed by the mutual agreement of the parties for an additional three year term. The SRA shall pay AMT for services rendered in accordance with the rates set forth in Exhibit "B." ARTICLE 4 - PAYMENT PROCEDURES AMT shall submit a monthly Operating Report with a monthly invoice to SRA by the 15' of each month and SRA shall remit payment within 30 days from the date each monthly invoice is received. ARTICLE 5 - INDEMNIFICATION AMT shall indemnify County and SRA, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 1 ARTICLE 6 -AMT'S REPRESENTATIONS In order to induce SRA to enter into this Agreement AMT makes the following representations: A. AMT has examined and carefully studied the Invitation for Proposals and its response thereto. B. AMT is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. AMT is aware of the general nature of work to be performed by SRA that relates to the Work as indicated in the Contract Documents. D. AMT will give SRA written notice of all conflicts of interest that may arise as a result of this Agreement. E. The Agreement and its attachments are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 -TERMINATION This Agreement may be terminated by either party with thirty days' notice to the other. Upon termination of the Agreement, AMT shall with Article 8 E (4) as stated below. ARTICLE 8 - MISCELLANEOUS A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. B. The SRA and AMT each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Agreement. C. Any provision or part of the Agreement held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the SRA and AMT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 2 E. As SRA is Indian River County's public transit provider, in some instances, SRA is a public agency subject to Chapter 119, Florida Statutes. In those instances, and by virtue of this Agreement, AMT must comply with Florida's Public Records Law. Specifically AMT shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public 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 Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of AMT or keep and maintain public records required by the County to perform the service. If AMT transfers all public records to the County upon completion of the Agreement, AMT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If AMT keeps and maintains public records upon completion of the Agreement, the AMT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF AMT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO AMT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords((D-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 (5) Failure of AMT to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 3 IN WITNESS WHEREOF, County and AMT have signed this Agreement on the dates indicated below. IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments to it and have affixed their signatures, effective on the date first appearing above. �.�,��O�1M/gs�•.� ATTEST: JEFFREY R SMITH, CL RK TO INDIAN RIVER COUNTY ;•�oJ�•.•••• �``�s THE BOARD AND PTROL R BOARD OF COUNTY COMMISSIC•3R' :* .Q e ut lerk Bob Solari' Chairman • R +� o; •'SER cou�i�• Dated: November 1, 2016 ADVANCED MOTION THERAPEUTIC MASSAGE, INC BY: Maria Zambigadis, Viog Presi t Approved as to Form and Legal Sufficiency I UJ William K. D Bra Deputy County Attorney 4