Item P09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17. 2007
Division:
County Administration
Bulk Item: Y es ~
No
Department: County Administration
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of Agreement with Corporate Consulting & Coaching, Inc. to provide training services to
Monroe County and City of Key West employees contingent upon funding award from South Florida
Workforce Investment Board. ~ wOo; v \,,~ '? P ~ P.
ITEM BACKGROUND:
The South Florida Workforce Investment Board awarded Monroe County funds in December to
implement an Employed Worker Training Program. Additional funding will be granted to Monroe
County to continue training sessions. One of the requirements of the program is to hire a Management
Consultant to provide training design and delivery of those services. Corporate Consulting will
develop training curriculum and hold training sessions which will be scheduled in Key West,
Marathon and the Upper Keys for County employees; and may include City of Key West employees
contingent upon a fully executed MOU and reimbursement approval from WFWIB. The first session
held in December was targeted at the new supervisor that wants to be a more effective supervisor and
member of our leadership team. The total cost to Monroe County incurred by this Agreement will be
reimbursed 100% by South Florida Workforce.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the initial funding award and Agreement with Corporate Consulting & Coaching
in December to implement an Employed Worker Training Program.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Not to exceed $288.830 - based on the number of trainees that complete training.
BUDGETED: Yes N/A No
COST TO COUNTY:Not to exceed $288.830 - 100% reimbursable from South Florida Workforce.
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVEIlI BY: County Atty _ OMB/Purchasmg _ Risk Management
DOCUMENTA nON:
Included X
Not Required_
AGENDA ITEM # t'. ~
DISPOSITION:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17,2007
Division:
County Administration
Bulk Item: Yes X
No
Department: County Administration
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of Agreement with Corporate Consulting & Coaching, Inc. to provide training services to
Monroe County and City of Key West employees contingent upon funding award from South Florida
Workforce Investment Board.
ITEM BACKGROUND:
The South Florida Workforce Investment Board awarded Monroe County funds in December to
implement an Employed Worker Training Program. Additional funding will be granted to Monroe
County to continue training sessions. One of the requirements of the program is to hire a Management
Consultant to provide training design and delivery of those services. Corporate Consulting will
develop training curriculum and hold training sessions which will be scheduled in Key West,
Marathon and the Upper Keys for County employees; and may include City of Key West employees
contingent upon a fully executed MOU and reimbursement approval from WFWIB. The first session
held in December was targeted at the new supervisor that wants to be a more effective supervisor and
member of our leadership team. The total cost to Monroe County incurred by this Agreement will be
reimbursed 100% by South Florida Workforce.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the initial funding award and Agreement with Corporate Consulting & Coaching
in December to implement an Employed Worker Training Program.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Not to exceed $288,830 - based on the number of trainees that complete training.
BUDGETED: Yes N/A No
COST TO COUNTY:Not to exceed $288,830 - 100% reimbursable from South Florida Workforce.
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Corporate Consulting Contract #_
Effective Date: 11117/07
Expiration Date:
Contract Purpose/Description:
Agreement to proivde training services to Monroe County and City of Key West
employees.
Contract Manager: Debbie Frederick 4741 Co. Administrator/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 01117/07 Agenda Deadline: 01102/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 577,710.16 Current Year Portion: $
Budgeted? YesD No D Account Codes: l25-05005-530490-GD0701-530340
Grant: $ 288,830.57 _-_-_-_-_
County Match: $ 288,879.59 - In _-_-_-_-_
Kind
- -
--
-
--
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes (~~\ ~ / Date Out
#~ Needed \ . /}_ eViezer ~~ }j('~
Division Director Ii;') YesD No~,;.(k.1;;?/LC e/lie" ( ~ 'LV)
I I
Risk Management - YesDNoD
O.M.B.lPurchasing - YesD NoD
County Attorney - YesDNoD
Comments:
OMB Form Revised 2/27/01 MCP #2
SECOND AGREEMENT WITH CORPORATE CONSULTING & COACmNG. INe.
TO PROVIDE ADDITIONAL TRAINING SERVICES TO MONROE COUNTY
This Agreement is made and entered into this day of , 2007,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is llOO Simonton Street, Key West, Florida 33040, and Corporate
Consulting & Coaching, Inc. ("CONSULTANT"), a Florida Corporation, whose address is 2096
Circle Place Drive, Lantana, Florida 33462.
WHEREAS, COUNTY desires to provide additional training to employees based on the
results of the Needs Assessment completed by Monroe County supervisors and upon approval of
South Florida Workforce Investment Board: and
WHEREAS, CONSULTANT desires and is able to provide such training; and
WHEREAS, COUNTY will be able to be reimbursed for the cost of said training from
South Florida Workforce Investment Board, upon approval from that Board.
NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document only.
2. SCOPE OF THE WORK
A. CONSUL T ANT shall provide training and delivery services, based on the results of
the Needs Assessment completed by Monroe County supervisors and upon approval of South
Florida Workforce Investment Board (SFWIB). CONSULTANT will develop the training
curriculum and customize workshops to meet the unique needs of each department/division of
COUNTY. CONSULTANT will submit a draft of the handouts, topical outlines with timelines,
and assessments which will be used for training. COUNTY shall have the right of final approval
of all items before their use in training sessions; and there will be commercially available
assessment instruments and power point presentations that will be utilized during workshops. The
purchase of such materials will be the sole responsibility of CONSULTANT. In addition, the
photocopying of such training session will be the sole responsibility of CONSUL T ANT.
B. All training sessions delivered will be conducted by the appropriate number of
trainers and based on the skills and experience of trainers. Training will be limited to a maximum
of twenty-five (25) participants. Training sessions will be delivered to COUNTY at facilities,
times and dates appropriate to COUNTY employees.
C. The COUNTY and the City of KEY WEST may enter into a Memorandum of
Understanding (MOU) which will allow City employees to attend the training sessions; if the
MOU is signed by both parties, the COUNTY will pay CONTRACTOR for training given to City
of Key West employees and COUNTY will later be reimbursed by SFWIB. CONSULTANT
specifically agrees that nothing in this Agreement shall be construed to bind COUNTY to pay for
the City employees until a valid MOU is in place which will allow for reimbursement from
SFWIB to COUNTY for City employees. Contractor will provide to COUNTY a copy of the final
proposal that Contractor enters into with City.
D. It is anticipated that the CONTRACTOR will provide the services to COUNTY
employees, and possibly to CITY employees. CONTRACTOR will invoice the Clerk of Courts
and COUNTY will then pay the approved invoices. CONTRACTOR shall provide documentation
to COUNTY which will enable COUNTY to file for reimbursement with the SFWIB.
CONTRACTOR is responsible for gathering the information necessary for COUNTY to gain
reimbursement from SFWIB and for providing it to COUNTY.
3. PAYMENTS TO CONSULTANT
A. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONSULT ANT.
C. CONSULTANT shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds.
D. Total Compensation to under this Agreement shall not exceed Two Hundred and
Eighty-Eight Thousand, Eight Hundred and Thirty Thousand Dollars ($288,830.00) for
COUNTY employees. If an MOU is entered into with the City, the cost for City employees will
not be in excess of $86,285.55. The MOU shall be in place prior to the beginning of the training
of any City employees.
E. Expenses for travel, lodging, per diem and other authorized expenses shall not be
paid to CONSULTANT under this Agreement.
F. Invoices are to be submitted to Debbie Frederick, Deputy County Administrator of
Monroe County, for approval prior to being submitted to Clerk for payment.
G. The parties understand that COUNTY will enter into a separate Agreement with
SFWIB in which SFWIB will reimburse COUNTY for all approved training costs and materials,
which is to include instructor, delivery time, curriculum development, materials, supplies and
textbooks and approved indirect costs such as coordination of training program.
H. CONSUL T ANT shall submit all required documentation to SFWIB or to COUNTY
in a timely manner to verify trainee's completion of training sessions, in order to ensure that
COUNTY will receive payment from SFWIB for training program.
I. CONSULTANT specifically agrees that nothing in this Agreement shall be construed
to bind COUNTY to pay CONTRACTOR on behalf of the City of Key West until and unless
there is a MOD signed between the COUNTY and the City prior to the beginning of the training
of any City employees. It is the responsibility of CONTRACTOR to verify that MOU is in place
and SFWIB has agreed to reimbursement for City employees prior to beginning the training. It is
an agreed amount in place but not definite until MC pays consultant and verified.
4. TERM OF AGREEMENT
This Agreement shall become effective upon approval of proposal by SFWIB and COUNTY.
5. ACCEPTANCE OF CONDITIONS BY CONSULTANT
CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request.
6. FINANCIAL RECORDS OF CONSULTANT
CONSULTANT 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 CONSULTANT pursuant to this Agreement were spent for purposes not authorized by
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this Agreement, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
7. PUBLIC ACCESS
The COUNTY and CONSULTANT 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
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
8. HOLD HARMLESS AND INSURANCE
CONSUL T ANT covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners 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 CONSULT ANT occasioned by the negligence, errors, or other
wrongful act of omission of CONSULTANT, its employees, or agents.
Prior to execution of this agreement, CONSULTANT shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as required
by Florida Law. '
PROFESSIONAL LIABILITY INSURANCE. Professional liability coverage with limits of
liability of not less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with
limits of liability of not less than $1,000,000.00 per occurrence and $3,000,000.00 in the
aggregate combined single limit for Bodily Injury Liability and Property Damage Liability.
COMPREHENSIVE BUSINESS AUTOMOBILE AND VEHICLE LIABILITY.
Comprehensive business and vehicle insurance covering claims for injuries to members
of the public and/or damages to property of others arising from use of motor vehicles,
including onsite and offsite operations, and owned, hired or non-owned vehicles, with
One Hundred Dollars ($100,000.00) combined single limit and Three Hundred Thousand
Dollars ($300,000.00) annual aggregate.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the COUNTY before any policy or coverage is
canceled or restricted. The underwriter of such insurance shall be qualified to do business in the
State of Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Florida Statutes S286.28, the participation of COUNTY and
CONSULT ANT in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
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10. INDEPENDENT CONSULTANT
At all times and for all purposes under this agreement CONSULTANT is an independent 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 CONSULTANT or any of his
employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners
of Monroe COUNTY.
11. NONDISCRIMINATION
COUNTY and CONSULTANT 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 CONSULTANT
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 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 S8. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient 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), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and CONSULTANT to, or the subject
matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONSULTANT shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and CONSULTANT, 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 sub shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONSULTANT 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 Agreement. CONSULTANT shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this Agreement.
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14. DISCLOSURE AND CONFLICT OF INTEREST
A. CONSULTANT 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 employment or contractual relationship; and disclosure or
use of certain information.
B. Upon execution of this contract, and thereafter as changes may require, the
CONSULTANT shall notify the COUNTY of any financial interest it may have in any and all
programs in Monroe County which the CONSULTANT sponsors, 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.
C. COUNTY and CONSULTANT 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
CONSULTANT 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.
15. NO PLEDGE OF CREDIT
CONSULTANT 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.
CONSULTANT further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. 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 COUNTY:
Tom Willi
County Administrator
1100 Simonton Street
Key West, FL 33040
305-292-4441
FOR CONSULTANT:
Lori B. Dunford, President
Corporate Consulting & Coaching, Inc.
2096 Circle Place Drive
Lantana, FL 33462
561-662-2076
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONSULTANT 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 CONSULTANT authorized to
use the COUNTY'S Tax Exemption Number in securing such materials. CONSULTANT shall
be responsible for any and all taxes, or payments of withholding, related to services rendered
under this agreement.
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18. TERMINATION
A. Termination for Cause. The COUNTY may terminate this Agreement with cause
should you fail to fulfill your obligations under this Agreement, or violate any of the covenants,
agreements or stipulations of this Agreement. The COUNTY may terminate this Agreement for
cause with seven (7) days notice to CONSULTANT and specifying the effective date of such
termination. In that event, all finished and unfinished documents or work prepared by
CONSULTANT shall, at the option of County, become the property of County. CONSULTANT
shall be entitled to receive just and equitable compensation for any satisfactory work completed
prior to termination.
B. Termination for Convenience. If for any reason the expected financial assistance
from SFWIB for this training program is withdrawn or otherwise becomes unavailable,
COUNTY shall have the right to terminate this Agreement by giving written notice of its election
to do so with seven (7) days notice to CONSULTANT and specifYing the effective date of such
termination. In that event, all finished and unfinished documents or work prepared by
CONSULTANT shall, at the option of County, become the property of County. CONSULTANT
shall be entitled to receive just and equitable compensation for any satisfactory work completed
prior to termination.
C. Notwithstanding the above, COUNTY shall not be relieved of liability to COUNTY
for damages sustained to COUNTY by virtue or any breach of this Agreement, and COUNTY
may withhold any payments to CONSULTANT for the purpose of setoff until such time as the
exact amount of damages doe to COUNTY can be determined.
19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida.
20. MEDIATION
The COUNTY and CONSULTANT 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. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
21. 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 CONSULTANT 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.
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22. ATTORNEY'S FEES 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 enforcement or interpretation of
this Agreement, the prevailing party shall 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 all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY and
CONSULTANT. 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 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. COOPERA nON
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 CONSULTANT
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 CONSULTANT specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONSULTANT and their respective legal representatives, successors,
and assigns.
26. 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.
27. CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT 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.
28. PRIVILEGES AND IMMUNITIES
All of the privileges 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 ofthe COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
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29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended 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
actual and timely performance thereof by any participating 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 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.
30. NON-RELIANCE BY NON-PARTIES
No person or entity 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 CONSULTANT agree that neither
the COUNTY nor the CONSULTANT 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, entity 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.
31. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
32. 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
33. COPYRIGHT-PATENT
No reports or other documentation produced in whole or in part under this Agreement shall be the
subject of any application for copyright by CONSULT ANT; since federal funds support the
endeavors of this training project for COUNTY its products must be freely available to other
agenCIes.
34. COMPLETE AGREEMENT
It is expressly understood and agreed that this Agreement constitutes the entire Agreement
between the parties. No changes, amendments, or modifications thereof shall be effective and
binding on the parties unless in writing, signed by the parties.
35. USE OF MONROE COUNTY'S NAME
CONSULTANT shall 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 THE WORK
All of the services performed 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 shall be directed to her initially.
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37. 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 COUNTY and CONSULT ANT 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, FLORIDA
Deputy Clerk
By:
Mayor Mario DiGennaro
Date:
By:
Date:
Witness for CONSULT ANf:
CONSULTANT:
Lori B. Dunford, President
Date:
Signature
Print Name
Date:
9
Certificate of Insurance (Proof of Coverage) Date Issued: 12/19/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR.!\1ATION ONLY AND CONFERS NO RJGHTS UPON THE CERTIFICATE
~QLDER. THIS CERTlFICA TE DOES NOT AMEND-1 EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~'t_Insured Natile and Mailing A(\dre~. -=-T . ProgH\m.('ltuinistralor..... ---
, Lori Dunford Administered By:
.1 1 CPH and Associates
i 2096 Circle Place Dr. . 711 S. Dearborn, Suite 205
I Lantana, FL 33462 Chicago, IL 60605
*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 oceu at/on(s listed on our otic '.
Underwritten By:
Philadelphia Indemnity Insurance Company
~
~~!
, Coverage
I Policy #: PHCP058874 I Effective Date: 04/13/06 . ~xpiration Date: 04/13/07 l
I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ·
. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I
I CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURAJ-.lCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I
i EXCLUSIONS ANI)CONDITION:S ()FSUCHP()LICIE~. f.?G~G;'\TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~
........'................................................',...................,.,........ .'.................................'..,LifuitsofLia:bili...< .
. -.,.",. -.- --">':--'0"':-:'-' '.'_::,':.:::--<,-,::..-. -:.--:'",,:-.-.:.-__..'-: :',: -- :.,'- ,,: . -.. ..'-.,. - '-.- : '.'.... .. .' .'." .'.
'EA~~....q~~_~(J'E..................
Per indiViilll,IlCilaim .
$1,000,000
N/A
$1,000,000
Unlimited
Coverage Part
I
I
N/A
$3,000,000
Unlimited
i
-{
-;
$25,000
$5,000
$5,000
$2,500/person
$2,500
i Description/Special Provisions:
i
$25,000
$5,000
$15,000
$25,000
$2,500
1
L- [
l Certificate Holder . Cancellation
i Monroe County Florida, I Should any of the above described policy be cancelled before the expiration date
I Board of County ! thereof, the issuing insurer will endeavor to mail 30 days written notice to the
I Commissioner I certificate holder named to the left, but failure to do so shall impose no obligation
I 1100 Simonton St. Room 2- I or liability of any kind upon the insurer, its agents or representatives.
12M I
i Key West, FL 33040
Holder has also been added to the policy as an
additional insured:**
--X. Y est_No
**If the 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).
! Authorized Representative
(. fJH. ~
C. Philip Hodson
DISCLAIMER: The Certificate oflnsurance 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.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
Additional Insured Endorsement
This endorsement modifies insurance provided under the following:
ALLIED HEAL THCARE 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 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
shown below.
Endorsement #:PHCP-06
Policy #: PHCP058874
Effective on or after: 04/13/06
Issued to: Lori Dunford
Expiration date: 04/13/07
By:
&0.7)0
Jamie Maguire, Authorized Representative
PI-PHCP-06 ( 3/0 I )