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1st Agreement 12/08/2006 Clift If 1118 Gircul Coun Danny L. Kolhage Phone: 305-292-3550 Fax: 305-295-3663 Memnrandum To: Connie Cyr, County Administrator's OffICe From: Isabel C. DeSant~. 1../ Deputy Clerk jJ--i Thursday, January 04, 2007 Date: At the BOCC meeting on December 8, 2006, the Board approved the following: Agreement between Monroe County and Corporate Consulting & Coaching, Inc to provide training services to Monroe County employees Enclosed is a duplicate original of the subject document for your handling. Should you have any questions concerning this matter please feel free to contact this office. Copies: Finance County Attorney File 3052923516 MONROE COUNTY A TT 10:4845am 12-04-2006 AGUEMENTWlTB CORPORATE CONSULTING '" COAnnN(,~ INC. TO PROVIDE TRAINING ORVlCJ:S TO MONROE C01JNTY This Agreement is made and entered into this ~-t ~ day of t>~ c.... . . 2006. between MONROE COUNTY. FLORIDA ("COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simnnmn Slreet. Key West, Florida 33040. aod CoqImate ConsulliDg &. Coaching, Inc. ("CONSULTANT"), a Florida CoIpomIioo, whose address is 2096 Circle Place Drive, Lan1ana, Florida 33462. WHEREAS, COUNlY desfts to provide trainiug to employees based on the results of the Needs Asmm~'" completed by Monroe County supervisors and upon approval of South Florida WoridiJn:e Development: aod :J: 0 C> ):. Z _ ?J (""') ~~:; C:l_-"'-; NOW THERUORJ: IN CONSIDERATION of the mutual promises and~?c~ con1lIined herein, it is agreed as follows: ,': ':? '".; ~.; ?~~:-~ 1. Tlll:AGRIl.nff.NT 3::?;::; The Agreement consists of this documeat, and its ellhibits only, :,,' ~ I rn )0> WHEREAS, CONSULTANT desfts and is able to provide such training; aod SCOPE OF TIll: WORK A. CONSULTANT sball provide training aod delivery services, based on the results of the Needs Assessment completed by Monroe County supervisors aod upon approval of South Florida WoridiJn:e Developmeot (SWD). CONSULTANT will develop 1be training CUlTiculum and ClIStolIIizJC workshops to meet the unique oeeds of each ~ IIu..dIdivisioo of COUNTY. CONSULTANT will submit a draft of the handouts, topical outIines with timelioes, aod assessmmts which will be used for traiaing. COUNIY sball have the right oftinalllfllllUVlll of all items befure their use in training sessions; and there will be COIIUIIeIciaIIy available as _ instruments and ~point pte .1.,lG thatwm be utilized during wodtsIaops. The purchase of such materials will be the sole ,cspouM'biIity of CONSUL TANT.In additioa, the photocopying of such training -mn will be the sole responsibility of CONSULTANT, B. AIl training sessions delivered will be"""""- by the _"I"'liok Dumber of trainers and based on the skills and expeIience of1rainers. Vllh the exception ofinitiaI informational sessions for supervisors, training will be linUted to a lD8llimum of twenty-five (25) participants. Training sessions will be delivered to COUNlY at facilities, times and dales appropriate to COUNTY employees. 1. 3. PAYMENTS TO CONSULTANT A. COUNlY'S "'" ........ace and ob\igldion to pay IIOder Ibis agp#..~, is contingent upon annual appropriation by the Board of Conoty Commissionas.. B. COUN1Y sball pay in accordance with the Florida Local Oovemmeot Prompt Payment Act; payment will be made after delivery aod inspection by COUNTY and upon submission ofinvoice by CONSULTANT. C. CONSULTANT sball submit to COUNIY invoices with supporting documeotation acceptable to the CIett. on a moothIy scbecIn1e in..--s. Acceptability to the CIak is based on generally accepted accounting principles and such laws, ruIes and JegllJations as may govern the Clerk's disbursal offuods. D. TclaI Compensation to under Ibis Agreement sball oot exce<<I Forty-Nine Thousand Five Hundred aod Forty-Five Dollars ($49,545.00). 1 2/9 ~ """ =: - .- <- fn ;po Q ::z:: -'1 C) ;",J :s:oo :-;:J (fl ::s:: n - t~.:J - .. :'0 C) CJ - 3051923516 MONROE COUNTY A TT 10:49:213_m 12-04-2006 E. Expenses for travel, lodging, per diem and other authorized expenses shall not be paid to CONSULTANT UDder this Agreement. F. Invoices an: to be submitted to Debbie Frederick, Deputy County Admillimmor of Monroe County, for approval prior to being submitted to Clerk for payment. G. The parties understand that COUNIY will enter into a separate Agreement with SWD in which SWD wiJI reimburse COUNIY for all approved training costs and materials, which is to include iIIS1luctor, delivery time, curriculum development, materials, supplies and textbooks and approved indirect costs such as <:uutdiu.tioo of training prognun. R CONSULTANT shall submit all required documeolation to SWD in a timely manner to verifY trainee's completion of training sessions, in order to ensure that COUNIY will receive payment ftom SWD for training program. 4. TERM OF AGREEMENT This Agreement shall become effective upon SWD's approval of proposal. Del~ oftrainillg sessions will commence upon approval, with lIII estimlIIed beginning date fur training of December 11,2006 and a completion date of December 22, 2006. 5. ACCEPTANCE OF CONDmONS B~ CONSULTANT CONSULTANT has, and shall maintain throogbout the term of this Asr-t, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNIY upon request. 6. FJNANCIAL RECORDS OF CONSULTANT CONSULTANT sbaII ",oin"'in 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 Agr=ncnt or their authorized representatives shall have reasonable and timely Ia:ess to such records of each other party to this Agr=ncnt for public records purposes during the term of the Agr=ncnt and for four years following the termination of this Ag.-eement. If an auditor employed by the COUNIY or Clerk delennines that lIIOIIies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the IIIOIIies togeCher with interest calculated pursuant to See. 55.03, FS, runnillg &om the date the monies were paid to CONSULTANT. 7. PUBLIC ACCESS The COUNIY and CONSULTANT shaII allow and pennit reasonable access to, and inspection of, all documents, papers, letlas or other materials in its possession or under its control suiject to the provisions of Chapter 119, Florida -........ and made or received by the COUNIY and CONSULTANT ill conjunction with this ~ and the COUNIY sball have the right to oniIateJally cancel this Agreement upon violation of this provision by CONSULTANT. 8. HOLD H...RM....Jil.lt AND INSURANCE CONSULTANT covenants and agrees to indemnifY and hold harmless Monroe Coonty Board of County Commissioners &om any and all claims for bodily injwy (inclnding death), personal injwy, and plOpedy damage (including jIIOpQty owned by Monroe Couoty) and any other losses, damages, and expenses (including 8Ifomey's fees) which arise out of, in connection with, or by reason of services provided by CONSULTANT occasioned by the negligence, errors, or other wrongful act of omission of CONSULT ANT, its employees, or ageIIls. Prior to execution of this agreement, CONSULTANT shaD furnish the COUNIY CertificaIes of Insunmce indiming the minimnm coverage limilBlions ill the following lIIlIounts: 2 .-,,-::..~ 3/9 3052923516 MONROE COUNTY A TT 10:49:59 a_m 12-04-2006 WORKERS COMPENSATION AND EMPWYER'S IlABll.ITY INSURANCE. Where applicable. coverage to apply for all employees It a minimum slatutIlry limits as requirccl by Florida Law. PROFESSIONAL LIABll.ITY INSURANCE. Profcssiona1liability coverage with limits of liability of not less tbau $1,000,000.00 per occumnce and $3,000,000.00 in the aggregate. COMMERCIAL GENERAL IlABlLITY. ColllOlCrCial gcmcral liability coverage with limits of liability of not less tbau $1,000,000.00 per occumm"" and $3,000,000.00 in the aggregate combined single limit for Bodily lnjlll'Y Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Ccrti&atcs ofInsurancc shan be provided to the COUNlY at the time of execution of this Agrcemcot and certified copies provided if requested. Each policy ccrtificatc shaD be endorsed with a provisioo that not less tbau thirty (30) calendar days' written notice sball be provided to the COUNTY before any policy or eowragc is canceled or reslricted. The underwriter of such iDsunnwc sball be qualified to do business in the State of Florida. If requested by the Conaty AdminisIrator, the insurlIQcc coverage shall be primary insuran"" with respect to the COUNTY, its officials, employees, agents and volunteers. 9, NON-WAIVEROFIMMVNITY Notwithstanding the provisions of Florida St"'"flilS *286.28, the participlllion of COUNTY and CONSULTANT in this Agrccmcnt and the acquisition of any commercial liability inSllllUK:e coverage, seIf-inSUlllll(lC coverage, or local government liability insunmcc pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shaD any AW-ncot entered into by the COUNtY be required to contain any provision for waiver. 10. INDEPENDENT CONSULTANT At all times and for all jlUIpOIICS wder this aw-t CONSULTANT is an independent and not an employee oftbe Board ofCOUNlY Commissioners ofMonroc COUNTY. No statement contained in this agreement shall be COIISlrued so as to find CONSULTANT or any ofbis employees, subs, servants, or agents to be employees of the Board of COUNtY Commissioners of Monroe COUNtY. 11. NONDISCRJMJNATlON COUNtY and CONSULTANT agree that there win be no discrimination against any person, and it is cxpressIy understood that upon a delerminatioo by a cowt of ...,,,,,,,,rent jurisdiction that discrimination bas occurred, this Al!l-" automatically terminates without any further action OD the part of any puty, eft'eclive the dale of the court order. COUNlY and CONSULTANT agree to comply with all Federal and Florida sta1I1tcs, and a111oea1 ordi............. as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which probibils discrimination on the basis ofrace, color or national origin; 2) Title IX of the FA."",,", Amendmeat of 1972, as llDlalded (20 use ss. 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 use s. 794), which prohibits discrimination 00 the basis ofhandicaps; 4) The Age Discrimination Act of 1975, as lIDIeDded (42 USC 88. 6101- 6107) which prohibits disaiminAtinn on the basis of age; S) The Drug Abuse Offic:e and TJ'P.lI'- Act of 1972 (PL 92-255), as amended, relating to noodiscriminati on the basis of drug abuse; 6) The CompI'ehcnsive A1coho1 Abuse and Alcoholism Prevention, TreaIment and Rehabilitation Act of 1970 (PI. 91-616), as A~ re1atiog to nondiscrimination 00 the basis ofalcoho1 abuse oralcoh06sm; 7) The PublicHealtb Scrvioc Act of 1912, 85.523 and 5'J:l (42 use ss. 6'JOdd.3 and 290ec-3), as amended, relating to confideatia1ity of alcohol and drug abuse patient records; 8) 3 ... .-.--.- . . . .,.._'-~-- 419 3052923516 MONROE COUNTY A TT 10:50:41 Q.m 12~04-1006 5/9 Title vm of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, reota1 or flD8llCing of housing; 9) The Americans witb Disabilities Act of 1990 (42 use s.. 1201), asmaybeameodedfromtimetotime, relating to nondiscrimination 00 the basis of disability; 10) Any other nondiscrimination provisions in any Federal or stale statutes which may apply to COUN1Y and CONSULTANT to, or the subject matter of, this Agreement. 12. ASSIGNMJ:NTISUBCONTRACf CONSULTANT sha11 not assign or subcontract its ob\WIIioos under this agreement to others, except in writing and with the prior writteD approval of the Board of County Commissioners of Monroe County and CONSULTANT, which approval sha11 be subject to such conditioos and provisioos as the Board may deem lIeCCSS8I}'. This paragraph shaIJ be incorpoIated by reference into any assignment or sobeootract and any assignee or sub sba11 comply with aD of the provisions of this agreement. Unless expNSSly provided fur therein, such approval sba11 in no manner or event be deemed to impose any addiIionaI obligation upon the bo8rd. 13. COMPLIANCE WITH LAW AND LICENSE REOUlJlDlENTS In providing aD services/goods JllIlSU8IIl to this ~ CONSULTANT shall abide by all smmtes, ordinances, rules and regulations pertaining to, or regUlating the provisions of, such services, including those now in effect and hereinafter adopIed. Any violation of said slatufes, ordillll11CCS, rules and regulations sba11 c:oosIimre a material breach of this agreement and shall entitle the Boord to tenDinate this Agreement. CONSULTANT sba11 possess proper licenses to pcrfuml work in accordance with these specificatioas throughout the tenD of this Agreement 14. DISCLOSURE AND CONFLICT OF IN'I'EREST A. CONSULTANT 1"I".....ots that it, its directors, principles and employees, preseady have no interest and sba11 acquire no in-, citbeI' dinlCt or indirect, which would conflict in any manner with the perfOl'lll8lJCe of services required by this COIItnIcI, as provided in Sect. 112311, ct. 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 112313, Florida StaIntcs, regarding, but not limited to, solicitation or accepCance of gifts; doing business with one's agency; unauthorized ccmpeI.sation; misuse of public position, COIIfIicting employment or c:omr.mal reLorinn.h;p; and disclosure or use of certain infurmation. B. Upon execution of this contract, and tbereafter as changes may require, the CONSULTANT sba11 noti1Y the COUN1Y of any financial interest it may have in any and all programs in Monroe County which the CONSULTANT sponsors, endorses, recommends, supervises, or requires fur counseling, assistance, evaluation, or b.......ent This provision shaD apply whelher or not such program is required by -. as a condition of probation, or is provided 011 a voIuntal'y basis. . c. COUNTY and CONSULTANT warrant that, in respect to itsel( it has neither employed nor relllined 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 workiDg solely for it, any fee, commission, pe.~ gift, or Olher consideration CllIItio8eDt upon or resulting from the award or making of this Ag.<<:mClIlt "For the breach or Viola1iOll of the provision, the CONSULTANT agrees that the COUNtY sha1l have the right to terminate this Agreement without liability and, at its discretion, to offset :from monies owed, or odtawisc recover, the full amount of such-fee, commission, "",..-Il.ge, gift, or coosidelation. 4 3052913516 MONROE COUNTY A TT 10:51233.m 12-04-2006 6/9 15. NO PLEDGE 01' e>>r.Drr CONSULTANT shall not pledge the COUNlY'S ciedit or make it a guarantor of payment or surety for any contract. debt. obligation, judgment, 1ieo, or 8D)' form of indebtedness. CONSULTANT further wammts and represents that it bas no obligation or indebtedness that would impair its ability to fulfill the terms of this contnwl. 16. NOTICE REQUIREMENT Any notice required or penniUed under this agreement sball be in writing and hand delivered or mailed, postage prepaid, 10 the other party by certified nwl, retnrned receipt requested, 10 the fuUowing: FOR COUNTY: Tom Willi County Administmtor 1100 SimonlDn Street Key West, Fl. 33040 305-292-4441 FOR CONSULTANT: Lori B. DunfoRI, Pnlsident eo. """..... CnnsultiDg & Coaching. Inc. 2096 Circle Place Drive Lantana, FL 33462 561.662-2076 17. TAXES COUNlY is exempt ftom payment of Florida smte Sales and Use taxes. CONSULTANT shall not be exempted by virtue of the COUNlY'S exemption from paying sales 1ax.1o its suppliers for materials used 10 fulfill its obligations under this contract, nor is CONSULTANT authorized 10 Ilse tbe COUNTY'S Tax Exemption Number in securing such materials. CONSULTANT shall be responsible for any and all taxes, or payments of withholding, related 10 services rendered under this agreement. 18. TF.RlWNATION A. Term;l1l1fiOll for C....A. 1be COUN1Y may Im1IIi.- this Agreement with cause should you fail 10 fidfiU your obligations under this Agreement, or violate any of the covenants, agreements or stipulatioos of this Agreement. 1be COUNlY may terminate this Agreement for cause with seven (7) days notice 10 CONSULTANT and specifying the effective date of such termination. In that event, all fmished and unfinished doclIments or work prepared by CONSULTANT shall, III the opbon ofCOUDty, become the property ofCOUDty. CONSULTANT shall be entitled 10 receive just and equitable COIllpensatiOll for any satisfac1Dry work completed prior to termination. B. Tenn;""';Qn for Coo""";""",,,. If for any reason the expected financial assistance from SWD for this training program is withdrawn or otherwise becomes unavailable, COUNlY shall have the right to terminllle this Agreement by giving writtm notice of its eIecIion to do so with seven (7) days notice 10 CONSULTANT and specifying the effi:clive date of such termination. In that event, all finished and unfinished documents or work prepared by CONSULTANT sball, III the option ofCoooty, become the J>I~ of County. CONSULTANT shall be cntitIed 10 receive just and equitable compensation for any salisfacrory work completed prior 10 termination. C. NotwitbsIandiog the above, COUNlY sbaIl not be relieved of liability 10 COUNlY for ru.m~r suslained to COUNlY by virtue or any tn.:h of'this Agreanent, and COUNlY may withbold any payments 10 CONSULTANT for the purpose of se1Dff until such time as the exact amount of damages doe 10 COUNTY can be determined. 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND li'lr.ti This Agreement sball be gowmed by aDd conslrued in accordance with the laws of the State of Florida applicable 10 Agreements made and to be performed entire1y in !be State. In !be event 5 3052923516 MONROE COUNTY ATT 1051 :59 a.m 12-04-2006 1/9 that any cause of action or administndive ~ is instituted for the enfoo..:......d or inlt.tl',dldion of this Agreement, the COUNIY and CONSULTANT agree that venue will lie in the appropriate court or befure the appropriate adminislrative body in Monroe COUNTY, Florida. 20. MEDIATION The COUNIY and CONSULTANT agree !bat, in the event of conflicting inte1/l1etations of the terms or a term of this Agreement by or between any of them the issue shall be ...bmitted to mediation prior to the institution of any other adminisIralive or legal ~i"8 Mediation proceedings initiated and conducled pui-swmt 10 this Agreement shall be in accmdance with the Florida R.uIes of Civil Procedure and usual and custooJary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any tenn, covenant, condition or provision of 1his Aweement (or the application thereof 10 any circumstance or person) sbaII be declared invalid or unenforceable 10 any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall DOt be atrecled thereby; and each remaining tam, covenant, condition and provision of this Agreement shall be valid and shall be enforceable 10 the fullest extent permitted by law unless the eofon:emeot of the remaining tenns, covemnts, conditiOllS and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree 10 reform the AgJ"eemeot 10 replace any stricken provision with a valid provision that comes as close as possible 10 the intent of the stricken provision. 22. AITORNEY'S Fl:ES AND COSTS COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the eofo.cement or intc.l"~lldioo of this Agreement, the prevailing party sbaII be entitled to reasonable attorney's fees. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through .n levels of the court system. 23. ADJUDICATION OF Dlsrvn;S OR DISAGRD:MJ:NTS COUNTY and CONSUL rANT agree that all disputes and disagreements shall be auempted 10 be resolved by meet and c:onter sessiems between ....I'._tati- of each of COUNTY and CONSULTANT. If 110 resolulion can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed lit a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the sati.li...ti.m of COUNTY and CONSULTANT, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any adminiotrative or legal proceeding is instituted against either party relaling to the formation. execntion, perfollll8nce, or breach of this Agreement. COUNTY and CONSULTANT agree to participate, 10 the extent required by the other party, in all proceedings, hearings, processes, meetings, and other aclivities related to the subslanc:e of this Agreement or provision of the services under this A~ COUNTY and CONSULTANT specifically agree that 110 party 10 this AgJ"eemeot sbaII be required to eater into any arbitratioo proceedings related to this Agreement. 6 3052923516 MONROE COUNTY A TT 10:52.36a.m 12-04-2006 819 25. BINDING EFFECT The terms, covenants, conditions, and provisions ofdris AgIeement shall bind and inure to the beaefit of COUNTY and CONSULTANT and their respective legal'ef1>~bdi-. successors, and assigns. Ui. AUTHORITY Each party represents and warrants to the oIha' thllt the exeeu1ion, delivery and performance of this Agreement have been duly authorized by all DectUaaj COUNTY and corporate action, as requited by law. 27. CLAIMS fOR FmERAL OR STATE AID CONSULTANT and COUNTY agree that each sbaII 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 ftmding solici1ations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and tules 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 onder this Agreement within the tenitoriaI Iimits of the COUNTY shall apply to the same degree and extent to the performance of such functiODS and duties of such OffICerS, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RJ:SPONsmn .ITI1i'.'l This Agreement is not inteoded 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 actnaI and timely perfurmance thereof by any pnrticipating 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 conslrued as, authorizing the delegation of the constitutional or sla1utory duties of the COUNTY, except to the extent permitled by the Florida constitution, state slatute, and case law. 30, NON-RELIANCE BY NON-PARTw.S No person or entity sbaII be entitled to rely upon the terms, or any of them, oflhis Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefrt of any service or program contempl8led hereundrs, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any ageot, 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 eotit1ements or beaefits under this A~t sepamte and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. AITESTATIONS CONSULTANT agrees to execule such documents as the COUNTY may reasonably require, to inclnde a Public Entity Crime Stalement, an Ethics sw-e..t, and a Drog-Free Woltplace Statement. 7 3052923516 MONROE COUNTY A TT 10:53:09 a.m 12~04-2006 919 32. NOPERSONALLL6.Rn.ITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, oft"'cer, 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 persooalliability or lICCOUIIlIlbility by reason of the execution of this Agreement 33. COPYRIGBT-PATJ:NT No reports or other documentation ptQduced in whole or in pert under this Agreement shall be the subject of any applicalioo for copyrigbt by CONSULTANT; since fedetaI fimds support the endeavors of this training project for COUNTY its products must be freely available to other agencies. 34. COMPL'ETE AGJlD:M'ENT It is expressly understood and agreed that this Agreement constitutes the entire Agreement between the parties. No cbanges, amendments. or modifications thereof shall be effective and binding on the parties unless in writin& signed by the pmties. 35. USE OF MONRO': COUNTY'S NAMJ: CONSULTANT sbaI1 not refer to COUNTY or use COUNTY'S name for the purposes of advertising or public relations without the COUNTY'S written permission. 36. CONTROL OF TBJ: WORK All of the services perfonned hereunder shall be performed as requested by the Director of the Employee Services Division for COUNTY (Teresa Aguiar, 305-292-4565). Any questions regarding this Agreement sbaI1 be directed to her initially. 38. St:erlONHEADINGS Section beadings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed tbatsuch section headings are not a pert oftbis Agreement and will not be used in the interpretation of any provision of this Agreement IN WITNESS WHEREOF COUNTY and CONSULTANT hereto have executed this Agreement on the day and date first written above in four (4) counterparts, eacl1 of which shall, without proof or accounting for the otbeI' counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: ~ \.. () Q.. ~~ClIY\...w Deputy CIert. Date: \a.-O~-O<C W~i eSSforCONSUL~T: /V~:::_ . 94 e. ~ '4# PrintN Date: iJ./1!Dfo BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~~ j Date: \a-O~'O~ co~~W~: J. Lori~,~lr Date: __ b(., 8 MONROE COUNTY ATTORNEY APPROVED AS TO~: ~~h.._)1) ~~ NATllEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date JQ....y-LJ~ Certificate of Insurance (Proof of Coverage) Date Issued: 12/19/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ! Insured Name and Mailin Address"'Pro"ram Administrator Lori Dunford Administered By: CPH and Associates 711 S. Dearborn, Suite 205 Chicago, IL 60605 2096 Circle Place Dr. Lantana, FL 33462 i 'Additional insured locations are often requested by individual business owners who have more than one office. Your coverage is portable, meaning that you are covered at any location for practice under the occu ation s listed on our olie. Underwritten By: Philadelphia Indemnity Insurance Company Coverage I Policy #: PHCP058874 Effective Date: 04/13/06 Expiration Date: 04/13/07 , THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits of Liabili EACH OCCURRENCE Per individual claim $1,000,000 AGGREGATE Total amount er oli $3,000,000 Coverage Part Professional Liabili Commercial General Liability Includes: General Liability, Fire & Water Le al Liabili and Personal Liabili Su lemental Liabili Defense Ex ense Covera e State Licensing Board Investi ation Ex ense Covera e Assault Coverage De osition Ex ense Benefit Medical Ex ense Covera e First Aid Coverage t01. Muf- N/A N/A $1,000,000 Unlimited $3,000,000 Unlimited $25,000 $5,000 $5,000 $2,500/ erson I $2,500 Description/Special Provisions: I $25,000 $5,000 $15,000 $25,000 .. $2,500 L C,' WF.~" I Certificate Holder Monroe Connty Florida, Board of Connty Commissioner 1100 Simonton St. Room 2- 205 Ke West, FL 33040 Holder has also been added to the policy as an additional insured:** -XYes/_No Hlfthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I C. Phili Hodson DISCLAIMER: The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. Cancellation Should any of the above described policy be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Authorized Representative {. PH' ~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Additional Insured Endorsement This endorsement modifies insurance provided under the following: ALLIED HEALTHCARE PROVIDERS PROFESSIONAL AND SUPPLEMENTAL LIABILITY POLICY In consideration of the premium paid, this policy is amended as follows: Monroe County Florida, Board of County Commi is hereby added as an Additional Insured, solely for Damages arising out of a Professional Incident covered under this policy. The Professional Incident must arise out of services provided by the Insured, under contract with Monroe County Florida, Board of County Commissioner Monroe County Florida, Board of County Commissioner 1100 Simonton St. Room 2-205 Key West, FL 33040 All other terms and conditions ofthis Policy remain unchanged. This endorsement is part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown below. Policy #: PHCP058874 Effective on or after: 04/13/06 Issued to: Lori Dunford Expiration date: 04/13/07 Endorsement #:PHCP-06 By: d{) 1}0 Jamie Maguire, Authorized Representative PI-PHCP-06 (3/01 ) o.t.: , 2I4J2OO6 10:58 AM Sender's Fax 10: 312-987-0902 Certificate of Insurance (Proof of Coverage) Date Issued: 12/4/2006 THIS CERTIfiCATE IS ISSUED A.~ A MATTER OJ'INJ'ORMATlON ONLY AND CONJ'EKS NO RIGHTS UPON THECERTlJ'ICATE HOLDER. THIS CERTUICATK J>OI!:S NUl AMI!:ND E..XTEND OR ALlER THE COn:RAGE ,U't'ORDW BY THE POLlClI!:S BELOW. Insured Name and Mailin2 Address" Pro Administrator Lori Dunford Admini'ltered B)': CPH and Associates 711 S, Dearborn, Suite 205 Chicago, IL 60605 2096 Circle Place Dr. Lantana, FL 33462 it AdcJjtional insured locations are often requested ~. indil'idual business iJWners who hal'e mMe than olte offiu. rour em'erage is portable, meaning that you are cOI'ered at any location for prtu:tiee under the nee atiDn' listed on 'OIl.T icr. Underwritten By: Philadelphia Indemnity Insurance Compan)' - -- Coverage Policy #: PHCP058874 Effective Date: 04/13/06 I Expiration Date: 04113/07 THE POLICIES OF INSURANCE L1SlED BELOW HAVE BEEN 1~SUED TO THE INSURFD NAMED ABOVE FOR THE PDLK;Y PERIOD INDK;ATED NOTWITHSTANDING ANY REQUIREMENT_ 'fERAl OR CONDmON OF ANY CONTRACT OR OrnER I)CCUMENT wrrn RESPECT TO WHICH THIS CERTIFIGA'IE MAYBE (S~1JED ClRMA Y PERTAIN. 1lIE INSURANCE AFFC..:RDED BY ruE POLICIES DESCRIBED HEREIN IS SUBlECTTO ALL THE TERJ\.IS. EXCLUSIONS AND CONDITIONS OF SUCH POLIC:IES. AGGREGATE LIMITS SHOW"N MAY HAVE BEEN REDUCED BY PAID C1...-\II\1S. Limits ofLiabilitv EACH omJRRENCE AGGREGATE Coverage Part (Per individual chIimJ (Total amOllllt D/!r ear) $1,000,000 $3,000,000 Professional Liability N/A N/A Commerdal General Liabillty I~~" Ge.....1 L1abUIly, Fire ~::... I Liability .... P.......r LIa $1,000,000 $3,000,000 Supplemental Liability Unlimited Unlimited Defense Exoense Coverae:e $25,000 $25,000 State Licensing Board Investle:ation Exoense Coverae:e $5,000 $5,000 Assault Coveralre $5,000 $15,000 Deposition Exoense Benellt $2,500/oerson $25,000 Medical Exoense Coverae:e $2,500 $2,500 First Aid Coverage DescriptionlSp..,;.. Provisions: Certificate Holder Cancellation Monroe County Florida Should any of the above described policy be canceDed before the expiration date The Historic Gato Cigar thereof, the Issuing Insurer will endeavor to mail 30 days written notice to the Factory certillcate holder named to the len, but failure to do so shaD impose no obligation lIOO Simonton St. Room:z.- or UablUty of any kind upon the insurer, its agents or representatives, 205 Key West, FL 33040 Holder has also been added to the poIic)' as an Authorized Representative additional insured:.. fJH~ X Yes/_No (, >tfl'Jf the at1ifkate heidei' 18... ADDITIONAL INSURED, 'be polky(les) mo. .. ............ A __ oulhb <<rtilkale __ ront... rlgllt.... tile .._.. be........IIea.r... ..der.....nl(s). C. PhlI1D Hodson DISCLAIMER: Th. Certific... ofIn_anc. doe. not constitut. a contract _.m tbe issuing ins....r(.), authorized rep.....n..tive or producer, and the certincate holder, nor does it afrU'matively or net::atively amend, extend, or alter the coverage afforded~' the policies listed thereon. P8ge 30r3 Date: 1214J2006 10:58AM Sender's Fax 10: 312-987-0902 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFlTLL Y Additional Insured Endorsement TIus elldorsemenlmodifies insurance provided under the following: ALLIED HEAL THCARE PROVIDERS PROFESSIONAL AND SUPPLEMENTAL LIABILITY POLICY hI consideration of the premium paid, this policy is amended as follows: Monroe Connty Florida, The Historic Gato Cigar Factory is hereby added as all Additional Insured, solely for Damage. arising olltof a Professionallnadent covered nuder this policy. The Professional Incident mllst arise Ollt of services provided by the Insured, nnder contract with Monroe County Florida, The Historic Gato Cigar Factory Monroe County ~'Iorida The Historic Gato Cigar Factory 1100 Simonton !.'t. Room 2-205 Key West, FL 33048 Added to the policy effective 12fO 1106 AU other tenns and conditions of this Policy remain unchanged. This endorsement IS part of your Policy and takes effect on the effective date of your Policy. unless another effective date is shO\vn below. Policy ti: PHCPQ58874 Effective on or after: 12!Oli06 Issued 10: Lori Dunford E~lliralion date: 04i 13i07 Endorsement #:PHCP-06 By: &O-7yO Jamie IVIaguire. Authorized Represent.1tive PI.PHCp.06 C 1'01 ) Page 20f3