OW-PY'01-04-01
-
CLERK'S ORIGINAL
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
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 Department of Social Services
5100 College Road, Wing 3, Public Services
Key West, Florida 33040
TITLE OF SERVICE PROVIDER'S PROGRAM
"Senior Community Service Employment Program"
CONT~~ AMOUNT
$68,750 ~
CONTRACT NUMBER
OW-PY'01-04-01
INDEX CODE NUMBER
511003
ARTICLE I
TERMS OF CONTRACTUAL AGREEMENT
This Contractual Agreement amends, extends and replaces the Preliminary Letter Contract
previously entered into between the parties hereto, a copy of which is attached hereto and
incorporated herein. Monroe County Department of Social Services does hereby agree to
implement and operate the Senior Community Service Employment Program in accordance with
all regulations defined by the Employment and Training Administration (ETA) of the
Department of Labor and the State of Florida as authorized by Title V of the Older Americans
Act (OAA) as amended. Monroe County Department of Social Services, hereinafter referred
to as the Service Provider, also agrees to implement and operate the program in accordance with
all regulations as defined in Article V of this contract and new regulations to be issued at a future
date.
(Gov't)
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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 $68,750.
Design Period Slots Amount
Community Work July 1,2001 through 10 $68,750
Experience June 30, 2002
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
Employment and Training Administration of the Department of Labor. 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 thirty (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 that new funds
are awarded to a Service Provider. This includes modification in both the line item
budget and cost allocation plan for each affected contractlbudget.
Other modifications will be accepted only on a quarterly basis to be submitted no
later than September 30, December 31, March 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 the Senior Community Service Employment Program
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.
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G. In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the State of Florida, and/or U.S. Department of Labor 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 grievance.
1. 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.
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 Department of Labor and/or the Office of
Management and Budget.
C. Workforce Investment Act, Final Rules-20 CFR, Part 652, et.al.
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D. Title V ofthe Older Americans Act, as amended.
E. The Senior Community Service Employment Program, 20 CFR, Part 641.
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.
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
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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 will
comply with the tenets of Equal Employment Opportunity.
As a condition to the award of financial assistance from the Department of Labor
under Title V of the Older Americans Act, and the State of Florida, the Service
Provider assures, that it will 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; Age Discrimination
in Employment Act (ADEA); and with all applicable requirement imposed by or
pursuant to regulations implementing those laws, including but not limited to 29 CFR
part 97. The United States has the right to seek judicial enforcement of this
assurance.
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 Monthly 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 (15t)
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
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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, 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 shall implement administrative controls to identify participant
training costs that are supported by other federal state or local programs to ensure that
costs are not being duplicated. Coordination and sharing of costs is required.
Refunds or credits from training institutions or other vendors for costs that have been
paid or reimbursed by the SFETC shall be reported and returned to the SFETC within
ten days of the Service Provider's receipt; or the following cost reimbursement
requests may be reduced by the amount reimbursed by the vendor.
E. 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.
F. 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
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unless otherwise authorized in writing by the Executive Director of the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
G. 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
defined 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."
H. The Service Provider shall not assign this Contract or any obligations made there
under 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
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 Title V of the Older Americans Act, as
amended or other applicable statutes, 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 will not spend
and/or justify the total amount of funds obligated to the program within the period of
performance.
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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:
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 mail 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,
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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 ofthe 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
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. Department of Labor, 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
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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.
F. Termination for Non-Award or Reduction of Funds.
If, for any reason, the State of Florida or the U.S. Department of Labor, 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 hand 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.
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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.
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 Region 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 Region.
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.
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During this period, the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM, the State of Florida, or the U.S. Department of Labor may request copies of
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 ofthese 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 willfully 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. Department of
Labor, 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,
including costs and expenses 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 ofthe 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
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 will be supplied to the Service Provider upon completion of said
audit. Any final adjustments necessary shall be made based on such audit findings.
Page 14
PY'2001
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 TRAINING 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 SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
After approval, the appropriate signatures of the SOUTH FLORIDA 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 during the
performance period of the Contractual Agreement.
ARTICLE XVI
NOTICES
Notifications and letters 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 Department of Social Services
5100 College Road, Wing 3, Public Service
Key West, Florida 33040
ARTICLE XVII
WAIVERS
No waiver of any provision hereof shall be deemed to have been made unless such waiver is 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
Page 15
PY'2001
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-B3. 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, the
State of Florida, agencies of the United States Government, or their designees at the Service
Provider expense.
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 Statutes, 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.
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 respective
clients. No executive, officer, agent, 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 part by the Service Provider. No immediate
family member shall receive favorable treatment from employment into services provided by, or
employment with the Service Provider. The Service Provider shall also avoid entering into any
Page 16
PY'2001
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
HEAL TH 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 will 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, will comply with all applicable
accreditation, business licensing, taxation and insurance requirements.
ARTICLE 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 will 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.
Page 17
PY'2001
ARTICLE XXIV
COPYRIGHTS AND DATA RIGHTS
The Service Provider agrees to adhere to the requirements of 29 CFR 97.34 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 Department of Labor, 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.
Page 18
PY'2001
AUTHORIZED SIGNATURES FOR:
PROGRAM ENTITLED:
CONTRACT NUMBER:
SIGNATORY FORM
- I 5e (\J I '-e.
MonroeCbut1 fiVeftlr+mertf of ~O( I tt
<AgeBt}.>-
"Senior Community Employment Service Program"
~ontud Numbt:r'..... 0 W-PY'CI -04---0 I
(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
EMPLOYMENT AND TRAINING CONSO~
1.. Signature of Authori;"d omft:-.e ~ d
rfr/1
-
Date
Date
Signature of Person Attesting
Signature that Appears on Line la
/V~Ut.;~Nr
2a.
3a.
Full Title
0.(..
4a.
BY:
Date
Page 19
PY'2001
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
TABLE OF CONTENTS
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VI(A)
ARTICLE VII
ARTICLE VIII
Terms Of Contractual Agreement.................................................................... 1
Effective Period Of Performance ...................................................................... 2
Reim bursement Costs ........................................................................................ 2
Allowable Reim bursem ents .................................................... ............. .............. 2
Regu la ti 0 ns.......................................................................................................... 4
Se rvice Delive ry .................................................................................................. 5
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 ............................................................ 11
ARTICLE X Sub-Contract Agreements And Assignment Prohibition ............................... 12
ARTICLE XI Maintenance Of Records ................................................................................... 12
ARTICLE XII Monitoring Of The Service Provider's Program ............................................. 13
AR TIC LE XIII In d e m nifi cati 0 n................................................................................................... 14
ARTICLE XIV Documentation For Contract Invoices ............................................................. 14
ARTICLE XV Contract Amendments .......................................... ...... ....................................... 15
ARTI CLE XVI Notices ..... ............ .................. ...... ............................................... ......................... 15
ARTICLE XVII Waivers................................................................................................................ 15
ARTICLE XVIII Contingency Clause ................. ............................................... ............................ 16
ARTICLE XIX Audits ................. .................. ...... ...... ............................ ................................ ....... 16
ARTICLE XX Standards Of Conduct ....................................................................................... 16
ARTICLE XXI Health And Safety .............................................................................................. 17
ARTICLE XXII Accreditation, Compliance With Applicable Licensing Requirements,
Tax And Insurance Requirements.................................................................... 17
ARTICLE XXIII Oral Communication ......................................................................................... 17
ARTICLE XXIV Copyrights And Data Rights ............................................................................. 18
SIGNATORY FORM............................................................................................................................. 19
TABLE OF CONTENTS....................................................................................................................... 20
(Non Gov't) SCSEP
Page 1
PY'2001-2002
Resolution No.
346
- 2001
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to
increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 200 I,
now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2001 be and'the
same is hereby increased by the amount hereinafter set forth:
Fund #125- Governmental Fund Type Grants
Cost Center # 61519-SCSEP
Project #- G00701- SCSEP
Revenue:
125-61519-G00701-331690
Fed Grants- Other Human Services
$68,750.00
Total Revenue
$68,750.00
Appropriations:
125-5510-61519-530490-G00701-530490 Miscellaneous
$68,750.00
Total Appropriations:
$68,750.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the
above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth
above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe CountYiflorUU, at a
regular meeting of said Board held on the 19th day of September AD 2001. ~ ~ ~ ~
~(')~ rT1 C
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(').,.... .....
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.:-,~ ~ 0
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Mayor Neugent
Mayor Pro Tem Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
yes
yes
yes
ypr::,
yes
BOARD OF COUNTY COMMISSIONERS
o MONROE COUNTY, FLORIDA
~
-
l> .c.....
DATE
SCSEP 09/1412001 Page 1