04/18/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 19, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc#
Deputy Clerk
At the April 18, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Resolution No. 152-2007 endorsing the candidacy of the Honorable Sandra E. Taylor,
Chief Judge of the Circuit Court for the 16th Judicial Circuit, for the vacant position on the Third
District Court of Appeals. Enclosed is a copy for your handling.
J Corrected Memorandum of Agreement between Momoe County and the City of Key
West, for employee training, omitting a section that was previously included but is not applicable.
Enclosed is a duplicate original for your handling.
Should you have any questions please do not hesitate to contact this office.
cc:
Finaqce w/o Resolution
File'!
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 th~onroe Couno/ 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 "SFWffi") 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 SFWffi, 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 SFWffi to County for said training. After
eligibility has been determined SFWffi 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. RELATIONSHIP 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
governrnental 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 of this 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, 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 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 of the 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 ofrace, 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 V1l1 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 of this 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. 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.
16. 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
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t&. 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
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CITY OF KEY WEST
OLHAGE, Clerk
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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Mario Di Gennaro, Mayor
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MONROE COUNTY ATTORNEY
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NA ILEENE W. CASSEL
SSISTrT COUNTY ATTORNEY
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