Item O5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21,2007
Division:
County Administration
Bulk Item: Y es ~ No
Department: County Administration
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of Memorandum of Agreement with the City of Key West for employee training services.
ITEM BACKGROUND:
The South Florida Workforce Investment Board is considering granting funding to Monroe County and
the City of Key West to provide training to employed workers. Entering into this Agreement allows
Monroe County to offer more training topics by facilitating a collaborative effort among entities. Once
eligibility is determined by SFWIB, the County will permit City employees to participate in training
sessions. Funds spent on training will be reimbursed to the County 100% through SFWIB. This MOD
is on the City of Key West's Commission meeting agenda scheduled on February 21,2006.
PREVIOUS RELEVANT BOCC ACTION:
BOCC granted approval to accept grant award from SFWIB in the amount of $48,502.70 on 12/8/06.
BOCC granted approval to accept grant award from SFWIB in the amount of$288,830.57 on 1I17/07.
BOCC granted approval of Agreements with Corporate Consulting & Coaching, Inc. on 12/8/06 and
III 7/07.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$86.285.55
BUDGETED: Yes
No X
COST TO COUNTY: $86,285.55 - To be reimbursed 100% from South Florida Workforce
Investment Board.
REVENUE PRODUCING: Yes
Nol AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management_
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #_
Effective Date: 2/21/07
Expiration Date: 6/30/07
Contract Purpose/Description:
Memorandum of Agreement with City of Key West for employee trainng services.
Contract Manager: Debbie Frederick 4741 Co. Administration/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2/21/07 Agenda Deadline: 2/6/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 86,285.55
Budgeted? YesD No ~ Account Codes:
Grant: $ 86,285.55
County Match: $
Current Year Portion: $
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~k:iM-d ~IONAL co~'TS------
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc~f
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Division Director
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
MEMORANDUM
19tfice oj tIie &unty Cldmini6~
TO: Board of County Commissioners
FROM: Debbie Frederick
Deputy County Administrator
DATE: February 5, 2007
SUBJECT: Agenda Item Information
MOD with City of Key West (SFWIB)
The South Florida Workforce Investment Board is considering granting funding to
Monroe County and the City of Key West to provide training to employed workers.
Providing training sessions to Monroe County and City of Key West employees
collectively increases the total number of trainees which allows Monroe County to
receive more funding from SFWIB. The larger amount of funding allows us to offer
more training (more hours) and more topics. It promotes good public relations and good
will between the County and the City. County and City workers have many opportunities
to communicate, yet may have few business interactions. If communication is improved
between the two, there will be increased cooperation and collaboration when necessary
(i.e., a hurricane or other disaster).
Monroe County has submitted a funding proposal in the amount of $288,830.57 and the
City of Key West has submitted a funding proposal in the amount of $86,285.55 to
SFWIB. The SFWIB meets on February 15, 2007 to consider these proposals. The
County will only coordinate training for the funding amount(s) approved. Once
employee eligibility is determined by SFWIB, the County will arrange the training
sessions through Corporate Consulting & Coaching, Inc. Corporate Consulting &
Coaching, Inc. will invoice the County for training services provided which will be
reimbursed 100% back to the County from SFWIB through the Youth Co-Op, Inc.
MEMORANDUM OF AGREEMENT
FOR TRAINING BETWEEN MONROE COUNTY
AND THE CITY OF KEY WEST
This Memorandum of Agreement is entered into by and between the City of Key West
(hereinafter the "City"), and the Monroe County Board of County Commissioners
(hereinafter "County") on this _day of , 2007.
WHEREAS, the parties may enter into Agreements pursuant to section
163.01(4), Florida Statutes; and
WHEREAS, the County has entered into an Agreement with Corporate
Consulting & Coaching, Inc. (hereinafter "C,C,&C"), in order to obtain training services
for County's employees; and
WHEREAS, the City also desires to obtain training services for certain City
employees; and
WHEREAS, the County intends to enter into an Agreement with South Florida
Workforce Investment Board (hereinafter "SFWIB") for reimbursement of the cost of
training for employees of the County as well as employees of the City; and
WHEREAS, The Youth Co-Op, Inc is the provider and operator of South Florida
Workforce One Stop Career Centers in Monroe County that receives funding directly
from SFWIB, and
WHEREAS, the parties desire to enter into a Memorandum of Agreement in
order to establish the terms and conditions whereby employees of the City can obtain
training pursuant to the County's Agreement with C,C,&C.
NOW, THEREFORE, the parties to this Memorandum of Agreement agree as
follows:
1. AVAILABILITY OF TRAINING. The County has entered into an Agreement
with C,C,&C to provide training of County and City employees. The training is provided
with the understanding that SFWIB will reimburse County for the cost of the training.
County wishes to make training available to City employees if County is approved for
reimbursement.
2. ELIGIBILITY. The eligibility of City employees to attend the training will be
determined by SFWIB, and not by County and will be available to City employees only
after verification of reimbursement approval by SFWIB to County for said training. After
eligibility has been determined SFWIB will advise the City which employees are eligible.
The City expressly agrees herein to furnish the County with a list of City employees
desiring to obtain training pursuant to the County's Agreement with C,C,&C. The County
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expressly agrees herein to permit eligible employees of the City to attend, and otherwise
participate in, training sessions conducted pursuant to the County's Agreement with
C,C,&C limited only by reimbursement and eligibility requirements.
3. NO TRAINING PRIOR TO APPROVAL FOR REIMBURSEMENT. The
City expressly agrees that no training of its employees shall take place until after the
SFWIB has approved the reimbursement to County of the amount not to exceed
$86,285.55 to be paid to C,C,&C for the training of City employees. City expressly
agrees to verify with C,C,&C, and the County that reimbursement to County for City
employees has been approved by SFWIB prior to enrolling City employees in the
training.
4. AVAILABILITY OF TRAINING. City expressly agrees that if reimbursement
from SFWIB is not approved or is partially approved, nothing herein shall obligate
County to provide City employees with the training. City expressly agrees that County
employees shall have priority for training over City employees, and the number of City
employees to be trained depends on solely on the available reimbursement.
5. RECORDS - ACCESS AND AUDITS. Both Parties shall maintain adequate
and complete records for a period of four years after termination of this Agreement. Each
Party, its officers, employees, agents and contractors shall have access to the other
Party's books, records, and documents related to this Agreement upon request. The
access to and inspection of such books, records, and documents by the Parties shall occur
at any reasonable time.
6. RELA TIONSHIP OF PARTIES. The Parties are independent of each other and
shall at no time be legally responsible for any negligence on the part of the other Party, its
employees, agents or volunteers resulting in either bodily or personal injury or property
damage to any individual, property or corporation.
7. TAXES. The Parties are not subject to taxes and assessments.
8. INSURANCE. The parties to this agreement stipulate that each is a
governmental agency as defined by Florida Statutes and represents to the other that it has
purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self-insured, in amounts adequate to respond to any and all claims under
federal or state actions for civil rights violations, which are not limited by Florida
Statutes Section 768.28 and Chapter 440, as well as any and all claims within the
limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all
claims within the limitations of Florida Statutes arising out of the activities governed by
this agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence
on the part of its employees, agents, contractors, and subcontractors and shall defend,
indemnify and hold the other party harmless from all claims arising out of such actions.
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Each party agrees to keep in full force and effect the required insurance coverage during
the term of this Agreement. If the insurance policies originally purchased which meet the
requirements ofthis agreement are canceled, terminated or reduced in coverage, then the
respective party must immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with the Other Party
whenever acquired or amended.
9. HOLD HARMLESS. To the extent allowed by law, the COUNTY is liable for
and must fully defend, release, discharge, indemnify and hold harmless the CITY, the
members of the County Commission, County officers and employees, County agents and
contractors, from and against any and all claims, demands, causes of action, losses, costs
and expenses of whatever type - including investigation and witness costs and expenses
and attorneys' fees and costs - that arise out of or are attributable to the County's
operations on the premises except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the sole
negligence of the CITY. COUNTY does not waive any of its sovereign immunity rights
including but not limited to those expressed in Section 768.28, Florida Statutes.
To the extent allowed by law, the CITY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the COUNTY, its officers and employees, agents
and contractors, from and against any and all claims, demands, causes of action, losses,
costs and expenses of whatever type - including investigation and witness costs and
expenses and attorneys' fees and costs - that arise out of or are attributable to the City's
operations on the premises except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the sole
negligence of the COUNTY. CITY does not waive any of its sovereign immunity rights
including but not limited to those expressed in Section 768.28, Florida Statutes.
10. NON-DISCRIMINATION. The CITY and the COUNTY, each for itself, its
personal representatives, successors in interest, and assigns, as a part ofthe consideration
hereof, does hereby covenant and agree that no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of premises or in the contracting for
improvements to the premises.
COUNTY and CITY 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. County and
City 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
VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC 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 USC s.
794), which prohibits discrimination on the basis of handicaps; 4) The Age
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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
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 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 s. 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 s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
11. ASSIGNMENT. The COUNTY may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
CITY. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the CITY and the COUNTY.
12. SUBORDINATION. This Agreement is subordinate to the laws and regulations
of the United States, the State of Florida, Monroe County and the City of Key West,
whether in effect on commencement of this Agreement or adopted after that date.
13. INCONSISTENCY. If any item, condition or obligation ofthis Agreement is in
conflict with other items in this Agreement, the inconsistencies shall be construed so as to
give meaning to those terms which limit the County's responsibility and liability.
14. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the
State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
15. ETHICS CLAUSE. CITY warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision, the COUNTY may, in its discretion, terminate this Lease without liability and
may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift or consideration paid to the
former County officer or employee.
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16. CONSTRUCTION. This Agreement has been carefully reviewed by the CITY
and the COUNTY. Therefore, this Agreement is not to be construed against any party on
the basis of authorship.
17. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CITY:
City Manager
525 Angela Street
Key West, FL 33040
18. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and
signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative.
IN WITNESS WHEREOF, the parties have made their agreement on the date first
written above.
AITEST:
CITY OF KEY WEST
City Clerk
Morgan McPherson, Mayor
ATTEST:
MONROE COUNTY BOARD OF
COUNTY COMMlSSIONERS
Title: Clerk of Court
Mario Di Gennaro, Mayor