WWW-PY'01-01-01
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
September 26,2001
TO:
J ames Malloch, Director
Community Services
FROM:
Sandy Molina, Assistant
to the Division Director
Pamela G. Han~
Deputy Clerk 0
ATTN:
At the September 19, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Workforce Investment Act Amendment to Youth Services Contract
WIA-YS-PH'00-25-06 between Monroe County and South Florida Employment and Training
Consortium (SFETC) increasing funds by $7,318.
/W orkforce/W elfare TransitionlWelfare to Work Contractual Agreement between Monroe
County and SFETC for Jim Malloch to continue Liaison Representative duties.
Enclosed are two duplicate originals of each of the above, executed on behalf of Monroe
County, for your handling. Please be sure to return the fully executed "Clerk's Original" as
soon as possible. Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File ./
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TO:
FROM:
Joseph
Execut'
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RE: Correction in Py'Ol Consolidated Contract
This is to advise you that Article XV of the Consolidated Contract released to your agenc.y on
September 13,2001 is amended to read as follows:
ARTICLE XV
CONTRACT AMENDMENTS
The Service Provider may request an amendment to this Contract to conform with any
contingencies, which may require such amendment. Once a contract amendment is submitted.
the SOUTH FLORIDA EMPLOYMENT AND TRAlNING CONSORTIUM, Executive
Director has the authority to approve, disapprove, or to request further justification for such
amendment. Amendments require review, approval and execution by the soum FLORlDA
EMPLOYMENT AND TRAINING CONSORTIUM.
After approval, the appropriate signatures of the SOUTH FLORlDA EMPLOYMENT AND
TRAINING CONSORTIUM and the Service Provider shall be ascertained and the amendment
shall be written and incorporated into this Contract, thereby becoming an integral part of it. No
amendments shall be effective until approved and signed by the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM. SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM may modify or amend the contract at any time duri g the
performance period of the Contractual Agreem t.
~ ".2,0.'
Date
ANNE Ai0Ur,zN
DATE ! ~ cf; of
CLERK'S ORIGINA~
WORKFORCE/WELFARE TRANSITION/WELFARE TO WORK
CONTRACTUAL AGREEMENT BETWEEN
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
AND SERVICE PROVIDER
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC)
3403 NW 82nd Avenue, Suite 300
Miami, FL 33122-1029
SERVICE PROVIDER
Monroe County Board of County Commissioners
5100 College Road
Key West, Florida 33040
TITLE OF SERVICE PROVIDER'S PROGRAM
"Workforce/Welfare Transition/Welfare to Work"
,.~ONTRACT AMOUNT
r $ 29,000
CONTRACT NUMBER
WWW-PY'OI-01-01
INDEX CODE NUMBER
101058
ARTICLE I
TERMS OF CONTRACTUAL AGREEMENT
This is a contractual agreement through which Monroe County Board of County
Commissioners does herby agree to implement and operate a program in accordance with all
regulations defined by the United States Departments of Labor and Health and Human Services
and the State of Florida for programs operating under funds generated by the Workforce
Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Workforce Innovation Act of 2000, the Balanced Budget Act
of 1997 amending Title IV-A of the Social Security Act, Welfare-to-Work Interim Final Rule,
20 CFR 645 (62. Fed. Reg. 61588 Nov. 18, 1997), and Planning Guidance and Instructions
for Annual State Plans for Fiscal Year (FY) 1998, dated March 1998. Monroe County Board
of County Commissioners, hereinafter referred to as the Service Provider, also agrees to
implement and operate the program in accordance with all existing and new regulations to be
issued at a future date.
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ARTICLE II
EFFECTIVE PERIOD OF PERFORMANCE
This Contract is entered into between the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM and the Service Provider from the first (1st) day of July, 2001,
or date of signing, whichever last occurs, to the thirtieth (30th) day of June, 2002, at which
time all performance other than closeout procedures which are required of the Service Provider
in this Contract shall be completed. All closeout procedures stipulated in the Service Provider
Policies and Procedures Manual and subsequent Program Directives shall be completed within
forty-five (45) calendar days subsequent to the expiration date listed in this Contract.
ARTICLE III
REIMBURSEMENT COSTS
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in consideration
for the promise of services to be rendered by the Service Provider, does hereby agree to
reimburse allowable costs incurred by the Service Provider in the performance of this
program. Maximum reimbursement shall not exceed $29,000.
$25,105
$ 3,895
$29,000
ARTICLE IV
ALLOWABLE REIMBURSEMENTS
Reimbursements are allowable under the following stipulations;
A. Allowable reimbursements shall be defined as those costs which are permitted by:
a. The United States Government in the Federal Management Circulars, the Code
of Federal Regulations, and the Office of Management and Budget (OMB)
Circulars; and
b. The State of Florida; and
c. The South Florida Employment and Training Consortium as documented in the
Service Provider Policies and Procedures Manual and subsequent Program
Directives that are part of this Contract.
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B. All reimbursement costs shall be paid from federal funds provided through the
Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 and the Workforce Innovation Act of 2000,
the Balanced Budget Act of 1997 amending Title IV-A of the Social Security Act,
Welfare-to-Work Interim Final Rule, 20 CFR 645 (62. Fed. Reg. 61588 Nov. 18,
1997), and Planning Guidance and Instructions for Annual State Plans for Fiscal
Year (FY) 1998, dated March 1998. Costs incurred by the program cannot be
allocated to any other program(s) nor can costs incurred by other program(s) be
allocated to this program.
C. All reimbursement costs shall be charged to an itemized line item budget included
as part of this Contract. This budget shall include allocation of costs to appropriate
cost categories as defined in the Service Provider Policies and Procedures Manual
and subsequent Program Directives. Reimbursement costs shall not exceed the
maximum dollar amounts allocated for each line item in the budget; except as
provided in Article IV, Section D of this Contract. Invoices from the Service
Provider shall be paid by the SFETC to the Service Provider within 30 days after
approval of the invoice provided that invoice is submitted to the SFETC within the
effective period of the contract or 120 days thereafter.
D. Contract Amendments affecting budget line items as well as amendments affecting
the total amount shall be at the sole discretion of the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
E. The Service Provider may request budget modifications during the contract period.
Such modifications must affect adjustments to sub-object codes or line items within
sub-object codes which are within the maximum allocation established in the budget
attached to this Contract. A modification will be required every time the new funds
are awarded to a Service Provider. This includes modification in both the line item
budget and cost allocation plan for each affected contract/budget.
Other modifications will be accepted only on a quarterly basis to be submitted no
later than September 30, December 31 and June 30. Retroactive modifications
will not be accepted. Once a budget modification is submitted, the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM's Executive
Director has the authority to approve, disapprove or to request further justification
for such modifications.
The Service Provider may not incur any costs when reimbursement for such costs is
subject to approval through a budget modification; until such time when written
approval is provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM. If such costs are incurred while approval of a budget modification
is pending, the costs shall be the responsibility of the Service Provider. These costs
shall not be reimbursed by WIA, Welfare Transition or Welfare to Work, federal
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funds; nor shall they be reported to the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM as an inclusion with other subsequent expenditures.
F. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may
request the Service Provider to provide a budget modification to the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at any time during
the period of performance of Contractual Agreement.
G. In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the State of Florida, and/or U.S. Departments of Labor or the
Department of Health and Human Services disallows any funds that were
reimbursed and/or advanced to the Service Provider as a result of fiscal audits of
the Service Provider's program then the Service Provider agrees to reimburse and
indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM for any disallowed funds relating to the fiscal audits of the Service
Provider's programs, upon completion of the audit appeals. In the event that the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM is to sue
the Service Provider for breach of the terms of this contract, and/or for violation of
the regulations and/or policies and procedures incorporated in this contract, the
Service Provider agrees to reimburse the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM for reasonable costs including attorney's fees if
the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
prevails in the lawsuit.
H. The Service Provider shall be required to notify the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM within two (2) working days
of any actual or potential litigation or grievance involving a participant or funds
under this contract; further, that the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM shall have the right to intervene in such litigation or
gnevance.
I. The submittal of false information to the SFETC may be considered as fraud and
could result in the immediate termination of this contract. The Service Provider is
liable for the repayment of funds that were paid by the SFETC for reported
performance or other compensation for services or expenses subsequently
determined to be invalid. Repayment may be made by deduction from subsequent
invoices or by direct payment (cash or check) for the amount owed if the program
ended. Resolution shall occur within thirty (30) days. The Service Provider is
liable for prosecution under criminal provisions of the 18 U.S.C. 665 for theft or
embezzlement of federal funds.
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ARTICLE V
REGULATIONS
The Service Provider does hereby agree to perform all activities related to the program as
defined in the Contract in accordance with the following policies and procedures (A through K)
which are in effect at the inception of this Contract or as may be promulgated during its life:
A. Public Laws and Regulations as stated under Article I.
B. Directives issued by the United States Departments of Labor and/or the Office of
Management and Budget.
C. Florida Statute 414 as amended.
D. Florida Statute 445.
E. Florida Workforce Act of 1996 and Senate Bi111566.
F. Directives, regulations, and rules issued by the State of Florida.
G. The Service Provider Policies and Procedures Manual and subsequent Program
Directives as edited and provided by the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM.
H. Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM;
I. Affidavit required by FS. ~ 287.133 (Public Entity Crime).
J. Drug Free Workplace Certification.
K. Florida Clean Indoor Air Act.
All of these policies and procedures are in effect at the inception of this Contract and may be
amended during the effective period of this Contract. All regulations and manuals which
appear in this Article of this Contract are incorporated into this Contract by reference; thereby
forming an integral part of this Contract. Copies of these regulations are available upon
request, receipt of which is hereby acknowledged.
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ARTICLE VI
SERVICE DELIVERY
The Service Provider does hereby agree to implement and operate the program herein
described by delivering those services listed below, in compliance with the conditions herein
stated:
A. The Service Provider is obligated to accomplish those program objectives which
have been defined in the Exhibit(s) to this Contract. The Service Provider is also
obligated to accomplish those objectives within the period of this Contract, July 1,
2001 through June 30, 2002 except for employment verification and close-out
activities, which may be required subsequent to the end date of this Contract and
shall be accomplished at no additional cost to this Contract.
B. Services provided under this Contract shall be provided only to eligible individuals,
as defined in the Service Provider Policies and Procedures Manual and subsequent
Program Directives.
C. The Service Provider is obligated to insure that the enrollment of participants meets
the standards established in the Service Provider's Affirmative Action Plan and the
Civil Rights Act of 1964 and does not discriminate against these participants on the
basis of race, color, national origin, sex, age or handicap. The Service Provider
wi11 comply with the tenets of Equal Employment Opportunity.
As a condition to the award of financial assistance from the Departments of Labor
under Title I WIA, the Service Provider assures, that it wi11 comply fully with the
nondiscrimination and equal opportunity provisions of CD Section 188 of the
Workforce Investment Act of 1998 (WIA), which prohibits discrimination against
all individuals in the United States on the basis of race, color, religion, sex, national
origin, age, disability, political affiliation or belief, and against beneficiaries on the
basis of either citizenship/status as a lawfully admitted immigrant authorized to
work in the United States or participation in any WIA Title (1) financially assisted
program or activity, (2) the Nontraditional Employment for Women Act of 1991;
(3) Title VI of the Civil Rights Act of 1964, as amended; (4) Section 504 of the
Rehabilitation Act of 1973, as amended which prohibits discrimination against
qualified individuals with disabilities; (5) the Age Discrimination Act of 1975, as
amended; Title IX of the Education Amendments of 1972, as amended; and with all
applicable requirement imposed by or pursuant to regulations implementing those
laws, including but not limited to 29 CFR part 34.20 and part 37. The United
States has the right to seek judicial enforcement of this assurance.
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D. The Service Provider is obligated to insure that all operational documents submitted
to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
remain in force during the life of this Contract.
E. The Service Provider is obligated to insure that the Personnel Policies and
Procedures developed by the Service Provider are applicable and are equally
enforced for both SFETC funded and non-SFETC funded personnel as per Federal
Regulations .
The Service Provider shall also insure that each employee and enrollee under this
contract is informed of his or her rights and benefits in connection with the program
including the right to grieve or file a complaint. Procedures for processing
grievances or complaints are outlined in the Service Provider Policies and
Procedures Manual and subsequent Program Directives.
F. The MontWy Expenditure Report and the Statement of Sources and Application of
Program Generated Income Report shall be submitted to the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM by the twentieth (20th)
calendar day of each month. A Property Inventory Report shall be submitted to the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM by the
first (1 Sl) working day of the following months: August and February.
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may cite the
Service Provider as being out of compliance when data being reported causes the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM to judge that the goals and
objectives of the program may not be achieved or when otherwise reports submitted
disclose existing or potential problems. The Service Provider shall be requested to submit
a Corrective Action Plan within ten (10) working days when such citations are made.
ARTICLE VI (A)
OBLIGATIONS CONCERNING DAILY OPERATIONS
A. The Service Provider does hereby agree to operate within the centralized eligibility
certification system established by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
B. The Service Provider does hereby agree to prominently incorporate the name of the
SOUTH FLORIDA WORKFORCE when developing radio or television coverage,
any form of media press release or public information materials concerning the
Service Provider's program. These materials shall include announcement and
articles in newspapers and magazines, and the printing of informational pamphlets,
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flyers and posters. Copies of these materials shall be forwarded to the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at the time of
distribution.
C. The Service Provider is obligated to certify absence of debarment and suspension
prior to entering into contract and must notify SFETC of any changes immediately
during the Program Year. The Service Provider is also obligated to certify the
absence of debarment and suspension from all subcontractors receiving $25,000 or
more in SFETC funds during the program year.
D. The Service Provider does hereby agree to accurately complete and submit all
reports required by the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM in accordance with the procedures stipulated in the Service
Provider Policies and Procedures Manual and subsequent Program Directives.
E. The Service Provider does hereby agree to accurately report all program income
generated by the Service Provider's program to the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM. Program income includes
income from fees for services and conferences, rentals, sales of commodities,
revenue in excess of cost, interest, royalties, copyrights, etc. All program income
shall revert to the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM unless otherwise authorized in writing by the Executive Director of
the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
F. The Service Provider does hereby agree that any and all proposed purchases of
capital equipment utilizing SFETC funds must first be approved by the designated
Contracts Manager, and that capital equipment purchased with SFETC funds
remains the property of the State of Florida under the custodianship of the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Capital
equipment is hereby defmed as any equipment, fixtures and other tangible personal
property of a non-consumable and non-expendable nature, the value or cost of
which is $500 or more and the normal expected life of which is 1 year or more."
G. The Service Provider shall not assign this Contract or any obligations made
thereunder to any other entity.
ARTICLE VII
SUSPENSION OR DE-OBLIGATION OF FUNDS
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority
to suspend or de-obligate funds allocated to the Service Provider for breach of any provision of
this Contract in accordance with Article VIII of this Contract. The SOUTH FLORIDA
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EMPLOYMENT AND TRAINING CONSORTIUM shall be the sole judge for determining
whether the Service Provider has complied with the terms and conditions governing this
Contract. Reasons for suspension or de-obligation shall include, but shall not be limited to the
following:
A. When it is determined that the Service Provider has not complied with the
obligations listed in this Contract, including the Services Delivery obligations as
stipulated in Article VI of this Contract;
B. When it is determined that the Service Provider has not complied with the
requirements for corrective action as stipulated by the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM;
C. When it is determined that the program administrator(s) representing the Service
Provider have abused the purpose of the Workforce Investment Act of 1998 or other
applicable statues, regulations or directives.
D. When it is determined that there is evidence of misfeasance in conjunction with
regulations established in Article V of this Contract; or
E. When it is determined that the Service Provider has not spent and wi11 not spend
and/or justify the total amount of funds obligated to the program within the period
of performance.
ARTICLE VIII
SUSPENSION AND/OR TERMINATION OF CONTRACT
A. Suspension and/or Termination For Cause
If through any cause, the Service Provider shall fail to fulfill, in a timely and proper
manner, its obligations under this Contract, or if the Service Provider shall violate
any of the covenants or stipulations of this Contract, the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM shall thereupon have the right
to suspend and/or terminate this Contract; provided that the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM adheres to those stipulations
outlined in Article VIII, Section B of this Contract for suspension or to those
stipulations outlined in Article VIII, Section C of this Contract for termination.
B. Procedures for Suspension for Cause by the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM:
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The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall
have the right to suspend partial or total funds that have been allocated to the
Service Provider under the provision of this Contractual Agreement in accordance
with Article VII of this Contractual Agreement. This suspension may occur at any
time during the effective period of performance of the Contract and shall be
effective immediately upon the mailing of a notification by certified of said
suspension or the receipt of a hand delivered notification of said suspension. This
written notification shall be provided to the Service Provider by the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. The procedure
for appealing a decision to suspend funds shall be the same as the procedures for
appeal outline in Article VIII, Section C, below.
C. Procedures for Termination for Cause or Convenience by the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM:
If the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
determines to exercise the right of termination for cause or convenience, the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall
notify the Service Provider, in writing by certified mail or hand delivered, of the
anticipated action, the reason(s) for the action, and shall indicate that the Service
provider has the right to appeal this action.
The Service Provider shall be required to submit a written notification by certified
mail or hand delivered requesting a De-obligation Hearing within five (5) working
days after receipt of the letter from the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM indicating the anticipated action. In the event the
Service Provider does not request a hearing within the five (5) working day period,
the decision of the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM to terminate shall become final.
Once the Hearing is completed, the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM shall notify the Service Provider of the
recommendation of the De-obligation Hearing Committee within five (5) working
days after the Hearing has been conducted. The recommendation shall be presented
to the Membership of the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM at their next scheduled meeting for final determination. The
Service Provider shall be entitled to receive just and equitable compensation for any
service satisfactorily performed hereunder though the date of suspension or
termination, which shall be 30 calendar days after receipt of the initial notification
or the date of final decision of the Consortium members, whichever last occurs.
Such compensation shall not be provided to the Service Provider until such time as
the Service Provider fulfills its obligations to the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM relative to the closeout
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procedures listed in the Service Provider Policies and Procedures Manual and
subsequent Program Directives.
Notwithstanding the above, the Service Provider shall not be relieved of liability to
the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for
any damages sustained by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM or by a third party by virtue of any breach of Contract
by the Service Provider. The SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM may withhold any payments to the Service Provider
until such time as the exact amount of damages due the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM form the Service Provider is
determined. This liability shall include damages awarded to a third party by virtue
of a final determination issued by the State of Florida, the U.S. Departments of
Labor and Health and Human Services, or an Administrative Law Judge.
D. Termination for Convenience of the Service Provider.
The Service Provider may request to terminate this contract at any time by giving
thirty (30) days advance notice, in writing by certified mail, or hand delivered to
the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
Requests for voluntary de-obligation of partial or total funds shall require
ratification by the Membership of the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM. Once the request has been approved by the
Membership of the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM shall notify the Service Provider to begin the closeout of the
Service Provider's program.
The Service Provider shall be entitled to receive just and equitable compensation for
any services satisfactorily performed hereunder through the date specified in the
notice as the effective date of such termination. Such compensation shall not be
provided to the Service Provider until such time as the Service Provider fulfils its
obligations to the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM relative to the closeout procedures listed in the Service Provider
Policies and Procedures Manual and subsequent Program Directives.
E. Termination for Convenience of the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may
terminate this Contract for convenience when it is determined to be in the best
interest of the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM; provided that the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM adheres to those stipulations outlined in Article VIII,
Section C of this Contract.
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F. Termination for Non-Award or Reduction of Funds.
If, for any reason, the State of Florida or the U.S. Departments of Labor and
Health and Human Services, does not award the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM funds for distribution or if
such funds are awarded at reduced amounts, or reduced during the Fiscal Year, the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may
terminate this Contract by giving at least twenty-four (24) hours advance notice, in
writing by certified mail or had delivered, to the Service Provider. The Service
Provider has no right to appeal a termination under this section, and the date of
termination shall be the date of receipt of the letter.
The Service Provider shall be entitled to receive just and equitable compensation for
any services satisfactorily performed hereunder through the date specified in the
notice as the effective date of such termination. Such compensation shall not be
provided to the Service Provider until such time as the Service Provider fulfills its
obligations to the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM relative to the closeout procedures listed in the Service Provider
Policies and Procedures Manual and subsequent Program Directives.
ARTICLE IX
INSURANCE AND BONDING REQUIREMENTS
The Service Provider, operating in the capacity of a governmental jurisdiction, shall maintain
insurance and bonding specified by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM or by their governmental bodies. A letter from the Department
of Risk and Management stating the type of self-insurance carried must be provided to the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
ARTICLE X
SUB-CONTRACT AGREEMENTS AND ASSIGNMENT PROHIBITION
The Service Provider does hereby agree to give advance written notification to the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in regards to any sub-contract
agreement assigned by the Service Provider and an independent agency when such an
agreement involves the utilization of funds provided through this Contract.
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The written notification shall include all information identified in the Service Provider Policies
and Procedures Manual and subsequent Program Directives. The notification shall include a
copy of the non-executed sub-contract agreement.
No sub-contract agreement shall be signed by the Service Provider until the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM provides written notification,
which approves the form and content of the sub-contract agreement. Prior to receipt of written
approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
any costs incurred shall be the responsibility of the Service Provider and may not be
reimbursed with SFETC funds; nor shall they be reported to the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM as an inclusion with subsequent
expenditures.
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall approve
sub-contract agreements as to form and content only. The SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM shall not be considered a legal third party
to a sub-contract agreement and shall not assume any liabilities which may arise as a result of
such agreements.
The Service Provider may not sell its assets or assign its rights under this Agreement without
prior approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
ARTICLE XI
MAINTENANCE OF RECORDS
During the period of this contract, administrative and financial operations pertaining to this
contract shall be originated and processed within the Miami-Dade/Monroe Counties Service
Delivery Area and all financial records, as defined in the Service Provider Policies and
Procedures Manual and subsequent Program Directives, shall be maintained in the Service
Provider's offices within the Miami-Dade County/Monroe County Service Delivery Area.
All financial, participant, and programmatic records pertaining to the funds provided under this
Contract shall be maintained by the Service Provider during the effective period of
performance of this Contract and for a period of five (5) years subsequent to the expiration of
this Contract or until all audit exceptions, grievances, or litigations which may have been
presented as a result of this Contractual Agreement have been adequately resolved to the
satisfaction of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM,
whichever period is longer.
During this period, the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the State of Florida, or the U.S. Departments of Labor may request copies of
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any and all of these records. The Service Provider shall be responsible for promptly providing
copies of these records upon request.
In the event that the Service Provider ceases all operations as a result of expiration of the
Contract or is otherwise unable to retain the necessary records, the Service Provider shall
prepare all records for storage in accordance with the Service Provider Policies and Procedures
Manual and subsequent Program Directives. Once these records are secured by the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the Service Provider shall
not be liable for the maintenance of these records.
The Service Provider agrees and understands that it, or any of its agents or sub-contractors,
would be in violation of federal regulations if it wi11fully obstructs or impedes, or endeavors to
obstruct or impede, an investigation or inquiry performed by the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM in conjunction with the regulations. This
stipulation includes withholding of information contained in the records maintained by the
Service Provider.
The Service Provider agrees to maintain and to allow public access to all documents, papers,
letters or other material subject to the provisions of Chapter 119, F. S., and made or received
by the Service Provider in conjunction with this contract. This Service Provider shall not use
or disclose any information concerning a recipient of services under this contract for any
purpose not in conformity with federal and state requirements, except on written consent of the
recipient or his/her responsible parent or guardian when authorized by law.
ARTICLE XII
MONITORING OF THE SERVICE PROVIDER'S PROGRAM
The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority
to monitor, audit or perform an investigation of the program, which is administered by the
Service Provider at any time without prior notification in accordance with its authority
provided in the federal regulations.
The records of the Service Provider shall be subject at all time to inspection, review, or audit
by personnel duly authorized by the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the State of Florida, the U.S. Comptroller General, or the U.S. Departments
of Labor, Health and Human Services, and/or their designees, in accordance with federal
regulations .
In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
determines that the Service Provider is not in compliance with any obligations listed in this
Contract, the Service Provider shall be required to take appropriate corrective action. This
determination may be made at any time during the effective period of the Contract.
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If corrective action is required, the Service Provider shall be obligated to establish and
implement appropriate measures to insure that those areas of non-compliance are corrected.
Corrective action shall be completed by the Service Provider within ten (10) days after the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that
the Service Provider is not in compliance; however, the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM has the authority to determine that the timeframe for
completion of the corrective action may be reduced or extended.
If books of account and programmatic and/or fiscal records used by the Service Provider, as
determined in monitoring or in an audit report, in accounting for expenses incurred under this
Agreement, does not meet the minimum standards of accepted accounting practices and records
management of the SFETC, the SFETC reserves the right to withhold any or all of its funding
to the Service Provider until such time as standards are met. The SFETC may withhold
payments due under a later agreement to offset disallowed costs identified under an earlier
agreement.
The provisions of this Article in no way limit the right of the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM to suspend or terminate funding in
accordance with Article VIII of this contract.
ARTICLE XIII
INDEMNIFICATION
The Service Provider, as a governmental Service Provider, agrees to indemnify the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments,
including costs and expenses arising out of breach of contract.
The Service Provider as a governmental Service Provider, agrees to indemnify the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments,
arising out of the acts, omissions of the Service Provider, its employees, clients, agents or
persons under its control to the extent and limit provided in Section 768.28 of the State of
Florida Statutes.
ARTICLE XIV
DOCUMENTATION FOR CONTRACT INVOICES
All documentation to be submitted to the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM for Contract invoices shall be submitted in accordance with the
provisions outlined in the Service Provider Policies and Procedures Manual and subsequent
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Program Directives. The State of Florida or the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM may perform audits or have audits performed on this Contract
and a copy of the audit findings wi11 be supplied to the Service Provider upon completion of
said audit. Any final adjustments necessary shall be made based on such audit findings.
ARTICLE XV
CONTRACT AMENDMENTS
Service Provider may request an amendment to this Contract to conform with a y
conting . s, which may require such amendment. Once a contract amendment is s Itted,
the SOUTH DA EMPLOYMENT AND TRAINING CONSORT , Executive
Director has the au to approve, and execution by OUTH FLORIDA
EMPLOYMENT AND TRAI CONSORTIUM.
After approval, the appropriate signatures of t UTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM and the Se . e Provider s e ascertained and the amendment
shall be written and incorporat . to this Contract, thereby bec an integral part of it.
No amendments shall fective until approved and signed by the TH FLORIDA
EMPLOYMENT TRAINING CONSORTIUM. SOUTH FLORIDA EM MENT
AND T NG CONSORTIUM may modify or amend the contract at any time during e
ance period of the Contractual Agreement.
ARTICLE XVI
NOTICES
Notifications and letter addressed to the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM shall be delivered or mailed to:
SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM
3403 NW 82ND Avenue, Suite 300
Miami, Florida 33122-1029
Notifications and letters addressed to the Service Provider shall be mailed to:
Monroe County Board of County Commissioners
5100 College Road
Key West, Florida 33040
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ARTICLE XVII
WAIVERS
No waiver of any provision hereof shall be deemed to have made unless such waiver be in
writing signed by the Executive Director of the Consortium. The failure of the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM to insist upon the strict
performance of any of the provisions or conditions of this Contract shall not be construed as
waiving or relinquishing in the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
ARTICLE XVIII
CONTINGENCY CLAUSE
Funding for this contract is contingent on the availability of funds from the State of Florida and
continued authorization for program activities, and is subject to amendment or termination due
to lack of funds or authorization, reduction of funds, and/or change in regulations. SFETC is
the distributor of funds only and is not further obligated.
ARTICLE XIX
AUDITS
The Service Provider shall assure that all expenditures made under the terms of this contract
are included in the scope of an annual audit of the Service Provider in accordance with the
provisions of OMB Circular A-133. The Service Provider shall provide a copy of its annual
audit to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. The
annual audit may be conducted of expenditures and revenues during the Service Provider's
fiscal year. The audit report must be submitted to the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM no later than thirty (30) days after completion of the audit,
and not more than nine (9) months after the end of the fiscal year. Notwithstanding this annual
audit, the Service Provider does hereby agree that records relating to this contract may be
audited or reviewed by the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, agencies of the United States Government, or their designees.
ARTICLE XX
STANDARDS OF CONDUCT
In the administration of this Agreement, the Service Provider shall comply with the Standards
of Conduct issued in the Florida Statues, Sections 112.313 (Standards of Conduct for Public
Officers and Employees of Agencies) and 104.31 (Political Activities of State, County, and
Municipal Officers and Employees), as applicable.
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No officer, employee or agent of the Service Provider shall solicit or accept gratuities, favors
or anything of monetary value from any actual or potential subcontractors and/or their
representative, or employee of the Service provider may solicit or accept money or any other
consideration from a third person or entity for the performance of an act reimbursed in whole
or in art by the Service Provider. No immediate family member of any executive or employee
of the Service Provider shall receive favorable treatment from employment into services
provided by, or employment with into services provided by, or employment with, the Service
Provider. The Service Provider shall also avoid entering into any agreement with any
immediate family member. When it is in the public interest for the Service Provider to
conduct business (only for the purpose of services to be provided) with an immediate family
member the Service provider shall obtain written approval from the SFETC before entering
into an agreement. All correspondence shall be kept on file and available for monitoring and
audit reviews.
For purposes of this section, immediate family members include: wife, husband, son,
daughter, mother, father, brother, brother-in-law, sister, sister-in-law, first cousin, aunt,
uncle, niece, nephew, stepparent, and stepchild.
ARTICLE XXI
HEALTH AND SAFETY
Health and safety standards, including Child Labor Laws, established under state and federal
law, otherwise applicable to working conditions of employees, shall be equally applicable to
working conditions of participants. The Service Provider assures that appropriate standards for
health and safety in work and training situations wi11 be maintained. Where participants or
employees covered under this Agreement are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be permitted to work, be trained or
receive services in buildings or surroundings or under working conditions which are
unsanitary, hazardous or dangerous to their health or safety. Participants employed or trained
for inherently dangerous occupations e.g., fire or police jobs, shall be assigned to work in
accordance with applicable safety practices.
ARTICLE XXII
ACCREDITATION, COMPLIANCE WITH APPLICABLE LICENSING
REQUIREMENTS, TAX AND INSURANCE REQUIREMENTS
The Service Provider assures that it, and its sub-contractors, wi11 comply with all applicable
accreditation, business licensing, taxation and insurance requirements.
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, ..
ARTlel F XXIII
ORAL COMMUNICATION
The parties hereby acknowledge that this document represents the entire Agreement between
the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and the Service
Provider regarding the subject matter thereof. The parties hereto agree that oral
communication between the parties wi11 not be accepted in any audit determination or other
matter involving interpretation of the rules, policy directives and regulations governing the
implementation of program activities under this Agreement.
ARTICLE XXIV
COPYRIGHTS AND DATA RIGHTS
The Service Provider agrees to adhere to the requirements of 29CFR97. 34 pertaining to
copyrights, insofar as those requirements may be applicable to any service rendered under this
Contract. The Service Provider agrees that the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM, US Departments of Labor, Health and Human Services, and the
State of Florida shall have unlimited rights to any data first produced or delivered under this
agreement, including but not limited to computer programs/applications, or the maintenance of
databases or other computer data processing program, including the inputting of data.
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SIGNATORY FORM
AUTHORIZED SIGNATURES FOR: Monroe County Board of County Commissioners
PROGRAM ENTITLED: "Workforce/Welfare Transition/Welfare to Work"
CONTRACT NUMBER: WWW-PY'OI-01-01
(These Signatures shall be the same as those names which appear in the List of Authorized
Signatures Provided in the Operational Documents on file with the SOUTH FLORIDA
E~T AND TRAINING CONSORTIUM.)
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Signature 0 ~uthorized Officials
~ 1'1. 2..01 7"-,,27'-12./
-Oat Date
2a. George Neugent 2b. James L. Roberts
Typed Name of Authorized Officials
3b.
Full Title of Authorized Officia
.'
County Administrator
O.c.
NY L. KOLHAGE, Clerk
SignatUre of Person Attesting
Signature that Appears on Line la
-----.
4b.
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
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WORKFORCE/WELFARE TRANSITION/WELFARE TO WORK
T ABLE OF CONTENTS
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VI(A)
ARTICLE VII
ARTICLE VII
Page #
Tenns Of Contractual Agreement ................................................... 1
Effective Period Of Perfonnance .................................................... 2
Effective Period Of Perfonnance .................................................... 2
Allowable Reilttbursements. ...... ......... ..... ........................... .... ........ 2
Regulations ................................................................................ 5
Allowable Reilttbursements............................................................ 6
Obligations Concerning Daily Operations ......................................... 7
Suspension Or De-Obligation Of Funds............................................ 8
Suspension And/Or Termination Of Contract.................................... 9
ARTICLE IX Insurance And Bonding Requirements ............................................. 12
ARTICLE X Sub-Contract Agreements And Assignment Prohibition ....................... 12
ARTICLE XI Maintenance Of Records ............................................................... 13
ARTICLE XII Monitoring Of The Service Provider's Program ................................. 14
ARTICLE XIII Indemnification......... ....... .......... ......... ........... .............. ........ ....... 15
ARTICLE XIV Documentation For Contract Invoices .............................................. 15
ARTICLE XV Contract Amendments.... .................. ........ ........................... ......... 16
ARTICLE XVI Notices ....... ... ............ ... ...... ....... ....... ........ .................... ..... ........ 16
ARTICLE XVII Waivers. .......... ............ ... ....... ....... ...... .......... .................... ......... 17
ARTICLE XVIII Contingency Clause.............. ..... ......... ..... .................. ............. ...... 17
ARTICLE XIX Audits ........ ... .......... ...... ..... ...... .............. .... ................ ............... 17
ARTICLE XX Standards Of Conduct .................................................................. 17
ARTICLE XXI Health And Safety ....................................................................... 18
Accreditation, Compliance With Applicable Licensing Requirements,
ARTICLE XXII Tax And Insurance Requirements ................................................... 18
ARTICLE XXIII Oral Communication..... ...... ............... ....... .................. ........ ......... 19
ARTICLE XXIV Copyrights And Data Rights .......................................................... 19
SIGNATORY FORM.......... ............. ............... ...... ............... ................. ................. 20
TABLE OF CONTENTS... .......... ............ ........... ...... ................. ................. ............ 21
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