HomeMy WebLinkAbout2014-028AGREEMENT
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THIS AGREEMENT (the "Agreement") is entered in to this LL day of March, 2014 (the "Effective
Date"), by and between the Board of County Commissioners of Brevard County, Florida,. a political
subdivision of the State of Florida (hereinafter "Brevard"), and the Board of County Commissioners of Indian
River County Florida, a political subdivision of the State of Florida (hereinafter "Indian River").
WITNESSETH:
WHEREAS, Indian River has a desire to improve employee development training for Indian River
staff; and
WHEREAS, Brevard has an established training program relating to employee development and
wishes to make classes in its program available to Indian River staff; and
WHEREAS, the provision of such services shall mutually benefit the parties hereto and the residents
of Brevard County and Indian River County, Florida.
N OW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed
between the parties as follows:
1. INITIAL TRAINING PROGRAMS.
B revard shall offer to Indian River the training courses outlined in Attachment A. The cost
per participant for these training courses is outlined in Attachment A. If Indian River desires to
schedule a training course, the Indian River Human Resources Manager shall notify the Brevard
H uman Resources Director Within 15 days of receiving the notice, Brevard shall provide at least
three available dates and times for the training course to occur within 60 days. The minimum
number of participants shall be 15 for any given • training course and the maximum number of
participants shall be 40 for any given training course. Brevard shall furnish to the Indian River Human
Resources Manager all training materials for each participant, and audio visJal aids for the
scheduled training course at least one week before the training course. Indian River shall make
available a training facility for the training course at an Indian River site. Indian River shall pay
vehicle mileage costs ($0.565 per mile) of Brevard staff for training conducted at Indian River County
training sites. The start location to be used for determining travel mileage shall be the Brevard
G overnment Center located at 2725 Judge Fran Jamieson Way, Viera, FL 32940.
2. FUTURE TRAINING PROGRAMS.
B revard shall offer to Indian River, annually on the anniversary of the Effective Date of this
Agreement, a Training and Development Opportunities manual outlining training courses • and
employee development opportunities offered through Brevard's Human Resources office. Such
training courses shall be offered on the terms as set forth in Section 1 above Brevard agrees to
work with Indian River staff and develop specific training curricula specific to Indian River as, needed
to meet their particular training needs, consistent with Indian River policies and procedures. Indian
River may develop its own employee development and/or certification program based in whole or in
part on training programs offered through Brevard. Brevard Human Resources staff shall support
and participate in the development of any Indian River employee certification program and related
testing developed for such program(s),Indian River may, in its sole discretion, offer selected Indian
River employees to become certified facilitators of training programs offered through Brevard Indian
River shall pay all costs related to such facilitator certifications. Such facilitators may participate as
certified facilitators in Brevard sponsored training, dependent upon their availability.
3. TERM.
The term of the Agreement shall be for one year beginning on March _, 2014 and ending
on March , 2015. Brevard and Indian River, through the Brevard Director of Human Resources
and the Indian River Human Resources Manager, may mutually agree to renew this Agreement from
year to year, upon the same terms and prices, unless otherwise agreed upon by amendment to the
Attachments referenced herein. Any increase in price in the training courses shall be approved by
the Board of County Commissioners of Indian River County.
4. PAYMENT.
Indian River shall remit payment in accordance with the Florida Prompt Payment Act, section
218.70, Florida Statutes, et seq.
5. INDEMNIFICATION.
B revard and Indian River as political subdivisions defined in Section 768.28. Fla Stat., agree
to be fully responsible to the extent provided by Section 768.28 Fla Stat. for their own negligent acts
o r omissions or tortuous acts which result in claims or suits against them. Nothing herein in intended
to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies
Nothingherein shall be construed as consent by Brevard or Indian River to be sued by a third party
in any matter.
6. MODIFICATIONS TO CONTRACT.
This Agreement, together with any exhibits, task assignments and schedules, constitute the
e ntire agreement between Brevard and Indian River and supersedes all prior written or oral
u nderstandings. This Agreement and any exhibits, task assignments and schedules may only be
amended, supplemented or canceled by a written instrument duly executed by the parties hereto.
7. INSURANCE.
B revard and Indian River, at their own expense, shall keep in force and at all times maintain
general liability and automobile liability coverage consistent with and at a minimum, the limits
provided by Section 768 28 Fla Stat. during the term of this Agreement.
8. WORKERS' COMPENSATION COVERAGE.
B revard and Indian River shall provide the full and complete statutory Workers'
Compensation Coverage, for their own employees and at their own expense.
9. ATTORNEY'S FEES.
In the event of any legal action to enforce the terms of this Agreement each party shall bear.
its own attorney's fees and costs.
10. GOVERNING LAW.
This Agreement shall be governed, interpreted and construed according to the laws of the
State of Florida
11. COMPLIANCE WITH STATUTES.
It shall be the responsibility of each party to be aware of and comply with all federal, state
and local laws
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12. VENUE.
Venue for any legal action by any party to this Agreement to interpret, construe or enforce
this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida
and any trial shall be non -jury.
13. TERMINATION.
If either party fails or refuses to perform any of the provisions of this Agreement or otherwise
fails to timely satisfy the Agreement provisions, either may notify the other party in writing of the
nonperformance and terminate the Agreement or such part of the Agreement as to which there has
been delay or a failure to properly perform. Such termination is effective upon the other party's
receipt of the Notice of Termination Indian River is only responsible for payment to Brevard for work
completed by Brevard priorto the effective date of termination.
14. TERMINATION FOR CONVENIENCE.
Either party may terminate this Agreement for their own convenience upon providing thirty
(30) days written notice to the other party In the event of a termination for convenience, the only
sum payable will be the sums the respective party is otherwise obligated to pay under the terms of
this Agreement up to the effective date of termination, and any other sums the respective party is
otherwise obligated to pay under the terms of this Agreement up to the date of termination.
15. INDEPENDENT CONTRACTOR.
Brevard and Indian River shall perform the services under this Agreement as an
independent contractor to the other and nothing contained herein shall be construed to be
inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or
construed to constitute Brevard or any of its agents or employees to be the agent, employee or
representative of Indian River and vice versa.
16. CONSTRUCTION OF AGREEMENT.
The parties hereby acknowledge that they fully reviewed this Agreement, its Attachments
and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall
not be construed against any party as if they were the drafter of this Agreement.
17. NOTICE.
Notice under this Agreement to Brevard shall be given by certified mail or hand delivery as
follows: Frank Abbate Human Resources Director 2725 Judge Fran Jamieson Way, Bldg. B, Viera,
FL 32940 and Notice to Indian River shall be given by certified mail or hand delivery as follows:
Colleen Peterson, Human Resources Manager, 1800 27th Street, Vero Beach, FL 32960-0310.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year
first above written.
B OARD OF COUNTY COMMISSIONERS OF
B REVARD COUNTY, FLORID
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ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
B OARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
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• • Iiproved by BCC: March 11 , 2014.
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c2-• °Y c Approved as to form and legal sufficiency:
Approved:
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Peter D. O'Bryan, Chairman
Baird, County Administrator
D ylan Reingold, County Attorney
Attachment
Mandatory Training for Development of New Employees: (3 hour classes @
$20.00 per employee)
* Workplace Harassment Awareness and Prevention
* Preventing Workplace Violence
* Anger Management
* Customer Contact -Lasting Impressions
* The Role of Ethics in Public Government
Employee Development Program (3 hour classes @ $20.00 per employee)
0 Phase I
* Time Management Skills
* Communicating for Results
* Conflict Resolution Skills
* Basic Writing Skills
* Advanced Writing Skills
* Civil Beginnings
0 Phase II:
* Measuring Customer Satisfaction
* Motivational Skills for Supervisors
* The Leadership Challenge
* Continuous Improvement Awareness
* Team Building
* Dealing with Difficult People
Employee Development Program continued (3 hour classes @ $20.00 per employee)
0 Phase III:
* Supervising in Today's Work Environment
* Grievance Handling
* Caring for Our Own - Managing Risk Effectively
* Our Hiring Process in an Equal Employment Environment
* Budget Traimng
* Managing Diversity
* Making Performance Evaluations Work
* The Role of Ethics in Public Government
Specialty Workshops
0 The 7 Habits of Highly Effective People (3 day class @ $331 with planner per employee,
$265 without planner per employee)
0 The 7 Habits Maximizer (1 day class @ $75 per employee)
0 The 5 Choices of Extraordinary Productivity (2 day class @ $205 per employee)
0 Public Records/Government in the Sunshine (3 hour class @ $20 per employee)
0 Presentation Skills (1 day class @ $25 per employee)
0 Give 'Em The Pickle'/FISH (3 hour class @ $20 per employee)
0 Executive Leadership Institute (15 months @ $1500 per employee)
Training Programs
Mar 2014 — Jun 2014
July 2014 — Oct 2014
Nov 2014 — Feb 2015
Mar 2015 — Jun 2015
Attachment "B"
Billing Date
Jun 7, 2014
Oct 7, 2014
Feb 7, 2015
Jun 7, 2015
Payment Date
Jun 30, 2014
Oct 30, 2014
Feb 30, 2015
Jun 30, 2015