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Item C29 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 5/17-18/00 DIVISION: COMMUNITY SERVICES BULK ITEM: YES DEPARTMENT: COMMUNITY SERVICES AGENDA ITEM WORDING: Approval of Amendment to Contract #WIA-PY'99-45-03, increasing the amount of funds by $3,000 to pay for additional travel to and from Miami through September 30,2000.. ITEM BACKGROUND: The original amount of the Liaison contract was for $14,650. This amount covered a percentage of salary and fringes for Jim Malloch and also for his travel. The additional amount of $3,000 will be for additional travel to and from Miami through September 30, 2000. PREVIOUS RELEVANT BOCC ACTION: Liaison Contract approved by the BOCC on 10/13-14/99. Amendment to Contract #WIA-PY'99-45-02, which is increasing the funding amount by $10,208 is also going before the BOCC for approval today. STAFF RECOMMENDATION: Approval TOTAL COST: 27,858 BUDGETED: NIA (Grant Funded 100%) COST TO COUNTY: -0- REVENUE PRODUCING: NIA AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney XXX OMBIPurchasing XXX Risk Management XXX DIVISION DIRECTOR APPROVAL DOCUMENTATION: Included XXX To Follow Not Required AGENDA ITEM # ~ DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: South Florida Employment Effective Date: and Training Consortium Expiration Date: Contract PurposelDescription:Approval of Amendment to Contract #WIA-PY'99-45-03. increasing the amount of funds by $3.000 to pay for additional travel to and from Miami through September 30. 2000. Contract Manager:Jim Malloch (Name) 4500 (Ext.) Community Services/1 (Department) I Courier Stop for BOCC meeting on 5/17-18/00 Agenda Deadline: 5/3/00 CONTRACT COSTS Total Dollar Value of Contract: $27.858 Current Year Portion: $ Budgeted? Yes~ No 0 Account Codes: _-_-_-_ Grant: $27.858 _-_-_-_ County Match: $-0- _-_-_-_ - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed . /' Division Director 5\a\. CD Y esD No~ '5 \"2. \ 00 ~,~nt 51.:>\Ob YesO Nog/ CA.. . / ..s\:s \00 O. . ./Pu~~g ~13IrreYesDNo0' ~~r:t~ 5~)VO County Attorney44/~ YesO NO~~ S--~~ Comments: C- ofJ:es of 0 r-'g ; Il~ l ~ -fyc. vT a--I ~y ,are/tilt) /~ --- Q4t1~~~ i1~k b.-e iy'1vlud~- :U~ 6)'1\15 OMB Form Revised 12/13/99 ~j S\J\ 00 ~ v fJllii..~Qllilll soum FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 NW 82" Avenue. Suite 300 Miami. Florida 33122-1029 SERVICE PROVIDER Monroe County Board of County Commissioners Public Service BuildlDg 5100 CoUege had Key West, Florida 33040 TITLE OF SERVICE PROVIDER'S PROGRAM: "WIA" C-ONmA.CT AMOUN't $27,858 CONTRA.CT NUMBER WlA.PY'99-45-03 lNDEX ~ 599000 AllTlCJ.E I TERMS OF AMENDMENT TO CONTRACTUAL AGREEMENT This is a contractual agreement tbroogb wbich MONROE COUNTY BOARD OF COUNTY COMMISSIONERS does hereby agree to implemeDt aud operate a program in aa:ordancc with all regulations defined by the UDitcd States Depannumt of Labor and the State of Florida for programs opcratiD& UDder funds generated by the Workforce Investment act of 1998 (WIA). MONROE COUNTY BOARD OF COUNTY COMMISSIONERS bereinafter referred to as the Service Provider, also agrees to ilupJemeat aad operate the proJl'3Dl in accordaDl:e with all regulations previously described in CODtl'aCt Number W1A-Pf'99-45-01 which was issued between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS aDd the soum FLORIDA EMPLOYMENT AND TRAINING CONSORTIlJM and to the services dcscn"bcd herein. ARTICLE II AMENDED EFFECTIVE PERIOD OF PERFORMANCE Contract WIA-PV'99-4S-01 betweeD the Sooth Florida EmployJDCDt and Training Consortium and Monroe County Board of County ColDJllissioners is hereby amended to change the period of performance from Oc;tober 1, 1999 through June 30,2000 to the period of October 1., 1999 tbrou&h September 30, 2000. AllIICtE..IJI AMENDED REIMBURSEMENT COSTS Those exhibits iDcorporated within this AmeDdmatt I'l:place my exhibits which were incorporated in ContraCt Number WL\.PY'99-45~1 or in a previous A~mI!nt for tbe proaram CDdtled WIA. 1bII Amaubnent modifies current amtrad due to the increase of funds by $3,000 to pay for IDtergo'feI"IIIDenta.I 1.a.,SOrt's travel to ud from Miami on ofrldal business through September 30, 2000. Maximum reimbursement sbaU DOt exceed $37,858. Woddmc. mYaUl1CDl Act 1999 ~- THllEE Pace 1 PY'l999 ARTICLE XXIII ORAL COMMlJN1CATIONS Article xxm is amended by adding the following: 'Ibis Amendment does not invalidate the provisions contained within Comract Number WIA.PV'99-4S-01 except where it is in conflict with provisions comained within exhibits attached to this Amendmem. SIGNATORY FORM AUTHORIZED SIGNATURES FOR: PROGRAM ENTITLED: CONTRACT NUMBER: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS - WIA.PY'994S-03 (These Signatures Shall be the Same As Those Names Which Appear in me List of Authorized Signatures Provided in the Operational Documents on File with the soum FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.) la. lb. o SignatUre of Authorized Officials 0 Date Date 2a. 2b. o Typed Name of Authorized Officials 0 3a. 3b. o Full Title of Authorized Officials 0 4a. 4b. Signature of Person Attesting Signature that Appears on Line Ib Signature of Person Attesting Signature that Appears on Line la SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM BY; (Contracts Manager) Date BY: (Executive Director) Date WOIIcfon:e InveStmCn1 AC:l 1999 ADlcndrnem - THREE P.2 PY'1999 TRAINING AND EMPLOYMENT COUNCIL OF SOUTH FLORIDA - - - - - - - - - - - - - - - - - - - - - - - - - - - ....... ~ ~ 3403 NW. 82nd Avenue. Suite 300 Miami. Florida 33122-1029 Telephone (305) 594-7615 FAX (305) 477-0113 An SFETC I JEP PartnershIp May 1, 2000 Mr. James Malloch Monroe County Community Services Division Public Service Bldg. Wing 4, Room 405 5100 College Road Key West, Florida 33040 Dear Mr. Malloch: This is to notify you that during the South Florida Employment and Training Consortium meeting of April 28, 2000, your request for an additional $3,000 to cover the cost of travel to and from Key West through September 30, 2000 has been approved. ~inCerelY, r / K. Ak,.A...--v---/ / 1~1-C 0' ("-.....)!OsePh Alfano Executive Director OPR/cjl , ,f ..---- / _ ~, - j. - . 1, .. -;.{ C ~_ . 7.. : ....7--, /- u "Love Your Neighbor" Jam es E Mallo ch Monroe County Community Services Division Public Service Bldg. Wing 4, Room 405 5100 College Road Key West, FL 33040 (305) 292-4500 - Ph 0 n e (305) 292-4417 - Fax BOARD OF COUNTY COMMISSIONERS MAYOR Shirley Freeman, District 3 Mayor Pro tern George Neugent, District 2 Wilhelmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich, District 5 O,~~rv ~o~~E (305) 294-4641 May 5, 2000 Joseph Alfano South Florida Employment & Training Consortium 3403 NW 820d Avenue, Suite 300 Miami,FL 33122-1029 Dear Mr. Alfano: Please accept this letter as a request for an extension of the date on the Liaison Contract from June 30, 2000 through September 30, 2000 and increase of funds in the amount of $3,160.00 to cover Jim Malloch's salary and fringes. The Board of County Commissioners will be approving an Amendment to the Liaison Contract increasing the amount of funds by $10,208 to pay for unemployment compensation for Lisa Wagoner through September 30,2000. The BOCC will also be approving an Amendment to the Liaison Contract increasing the amount of funds by $3,000 to pay for Jim Malloch to travel to and from Miami through September 30,2000. Very Truly Yours, ~ /) ~2;?oa~~ ( ommunity Services Division BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 10/13-14/99 DIVISION: COMMUNITY SERVICES BULK ITEM: YES DEPARTMENT: COMMUNITY SERVICES AGENDA ITEM WORDING: Approval of a Contract between Monroe County and South Florida Employment and Training Consortium (SFETC) effective October 1, 1999 through June 30, 2000.. ITEM BACKGROUND: Effective October 1, 1999 Mr Malloch will oversee the implementation of the Workforce Investment Act (WIA) program in the Florida Keys. PREVIOUS RELEVANT BOCC ACTION: None on this item. STAFF RECOMMENDATION: Approval TOTAL COST: $14,650 COST TO COUNTY: -0- BUDGETED: NIA REVENUE PRODUCING: YES GRANT AMOUNT: $14,650 APPROVED BY: County Attorney XXX OMBIPurchasing XXX Risk Management XXX DIVISION DIRECTOR APPROVAL ~ DOCUMENTATION: Included ,,)(.x. To Follow Not Required AGEr-.JDA ITEM # DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:South FlOlida Employment Effective Date: 10/1/99 and Training Consortium Expiration Date:6/30/00 Contract PurposelDescliption:_ Contract between Monroe County and South Florida Employment and Training ConsOltium (SFETC) effective 10/1/99. Contract Manager: Sandv Molina (N ame) 4500 (E:\'t.) Community Services Division (Department) for BOCC meeting on 10/13-14/99 Agenda Deadline: 9/29/99 CONTRACT COSTS Total Dollar Value of Contract: $14.650 Current Year POltioll: $ Budgeted?Yesl:8J No 0 Account Codes: _-_-_-_ Grant: $14.650 _-_-_-_ County Match: $-0- _-_-_-_- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Needed 9/2.7/11 YesD NoUV- Date Out Risk Management JR 9(uJ O.M.B.lPurcillui'g / YesD NoD Cf/Z'l/9? YesD NoG] , ki.",r-". \l..c~ J~),,,,- , ("'i/ c ;l/C L{{ L 0,/2-7/77 q J:: ') /<1, -'1/ry . I ~/" 11.)j';(7 County Attorney /""1'9 YesO NoE? 5JC~ I . Co! /0 -"-1- "/1" Comments: OMB Form Revised 9/11/95 Me? #2 TRAINING AND EMPLOYMENT COUNCIL OF SOUTH FLORIDA - - - - ~ - - - - - - - - ~ - - - - - - - - ~ - - - - ~ ~ ~ 3403 NW.82nd Avenue, Suite 300 Miami. Florida 33122-1029 Telephone (305) 594-7615 FAX (305) 477-0113 An SFETC' TJEP" MEMORANDUM TO: Representatives of the South ~.~ 10 . Employment and Training CJ7 Jum Joseph AI Executiv FROM: DATE: September 24, 1999 SUBJECT: Monroe County Liaison Budget As previously discussed a total of $14,650 is being made available to Monroe County for the position of Liaison Officer effective October 1, 1999 (end of Sununer Youth Employment and Training Program (SYETP). This position is currently occupied by Mr. James Malloch. Mr. Malloch will assist this office in overseing the implementation of the Workforce Investment Act (WlA) program in the Florida Keys. The budget being attached to the contract will include $12,650 for salary and fringe benefits and $2,000 for travel to and from Miami. This contract will be made part of the agenda of the next official meeting of the South Florida Employment and Training Consortium Board. JA27.14 ULove Your Neighbor" SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) 3403 N. W. S2nd Avenue, Suite 300 Miami, Florida 33122-1029 SERVICE PROVIDER Monroe County Board of County Commissioners Public Service Building 5100 College Road Key West, FI 33040 TITLE OF SERVICE PROVIDER'S PROGRAM: - ~ CONTRACT AMOUNT $14,650 CONTRACT NUMBER WIA-PY99-45-01 INDEX CODE NUMBER 599000 ARTICLE I TERMS OF CONTRACTUAL AGREEMENT Monroe County does hereby agree to implement and operate an Intergovernmental Liaison Office in accordance with all applicable regulations dermed by the United States Department of Labor and or the State of Florida under the Workforce Investment Act of 1998 (WIA). Monroe County also agrees to implement and operate the office in accordance with all regulations dermed in Article V of this Contract. PY'99 LIAISON OFFICE PAGE 1 (GOvn Article I Table of Contents Article D Article ill Article IV Article V Article VI Article VII Article VID Article IX Article X Article XI Article XII Article xm Article XIV Article XV Article XVI Article XVII Article xvm Article XIX Article XX Article XXI Article XXII Article XXID Article XXIV Signatures EXHIBITS PY'99 LIAISON OFFICE WORKFORCE~TMENTACTCONTRACT TABLE OF CONTENTS Jrel1llS ....................................................................J>>Il~e 1 .............................................................................J>>~e 2 Effective Period of Perfo:nnance ..................................Page 3 Reimbursement Costs .... ................ ... ........ ...... ... ... ..... Page 3 Allowable Reimbursements.. .... ... ....... ..... ...... .... .... ...... Page 3 Regulations............................................................. Page 5 Service Delivery- . ..... ....... ........... ..... ... ..... ... .... ..... ...... Page 5 Suspension or De-Obligation of Funds ..........................Page 7 Suspension or Termination of Contract......................... Page 8 Insurance and Bonding Requirements............. .............. Page 8 Sub-Contract A~eements ..........................................Page 8 Maintenance of Records.............................................Page 9 Monitoring of Pr-og.-am..............................................Page 9 Indemnification. ....... ... ............. .... ...... ...... ....... ....... Page 10 Documentation for Invoices ...................................... Page 10 Contract .Amendments............................................. Page 10 Notices .................. ... ... ... ... .... ...... ......................... Page 11 Waivers..................... .... .......... ......... .... ................ Page 11 Contingency ClatlSe ................................................ Page 11 Audits .......... .... ... ..... .......... ............ .... ........... ....... Page 12 Standards of Conduct.............................................. Page 12 Health and Safety ................................................... Page 13 Accreditation, Compliance with.. ...... ...... .... ... ............. .... ...... Applicable Licensing Requirements, ...................................... Tax and Insurance Requirements............................... Page 13 Oral Comm.unication............................................... Page 13 Copyrights and Data Rights...................................... Page 14 ........................................................................... Page 1~ PAGE 2 (GOvn ARTICLE II EFFECTIVE PERIOD OF PERFORMANCE This Contract is entered into between the SOUTH FLORIDA EMPLOYMENT AND TRAINING . CONSORTIUM and Monroe County from the rll"St (l~ day of October, 1999, to the thirtieth (30~ day of June, 2000; at which time all performance other than close-out procedures which are required of Monroe County in this Contract shall be completed. All close-out procedures stipulated in Article IV of MONROE COUNTY 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 nI REIMBURSEMENT COSTS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, in consideration of the services rendered by Monroe County, does hereby agree to reimburse allowable costs incurred by Monroe County in the performance of the Intergovernmental Liaison Office not exceed $14,650. ARTICLE IV ALLOWABLE REIMBURSEMENTS Reimbursements are allowable under the following stipulations; A. Allowable reimbursements shall be dermed as those costs which are permitted by: 1. The United States Government in the Federal Management Circulars, the Code of Federal Regulations, and the Office of Management and Budget (OMB) Circulars; and 2. The State of Florida; and 3. The South Florida Employment and Training Consortium as documented in MONROE COUNTY Policies and Procedures Manual and subsequent Program Directives which is part of this Contract. B. All reimbursement costs shall be paid from federal funds provided through the Workforce Investment Act of 1998 (WIA). C. All reimbursement costs shall be charged to an itemized sub-object codes as dermed in the budget included in this Contract. Reimbursement costs shall not exceed the maXimum dollar amounts allocated for each sub-object code in the budget; except as provided in Article IV, Section D of this Contract. Invoices from MONROE COUNTY shall be paid by the SFETC to MONROE COUNTY 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. PY'99 LIAISON OFFICE PAGE 3 (GOVT) D. MONROE COUNTY may request budget modifications during the fIScal year. Such modifications must affect adjustments to sub-object codes or line items within sub-object codes which are within the maximum allocation established in Exhibit A of this Contract. Proposed modifications must be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 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. MONROE COUNTY may not incur any costs when reimbursement for such costs is subject to approval through a budge modification, until such time when written approval is provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. H such costs are incurred while approval of a budget modification is pending, the costs shall be the responsibility of MONROE COUNTY. These costs shall not be reimbursed by federal funds; nor shall they be reported to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM as an inclusion with other subsequent expenditures. E. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request MONROE COUNTY to provide a budget modification to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at any time during the period of performance of this Agreement. F. In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, U.S. Department of Labor, disallows any funds that were reimbursed to MONROE COUNTY as a result of fIScal audits of MONROE COUNTY's Office then MONROE COUNTY agrees to reimburse and indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for any disallowed funds relating to the fJSCa1 audits of MONROE COUNTY's Office, upon completion of the audit appeals. In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, is forced to sue MONROE COUNTY for breach of the terms of this Contract, and/or for violation of the Federal or State regulations and/or policies and procedures incorporated in this contract, and/or for the recovery of disallowed costs, MONROE COUNTY agrees to reimburse the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for reasonable costs including attomeys'fees if the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM prevails in the lawsuit. G. MONROE COUNTY shall be required to notify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM within two (2) working days of an actual or potential litigation or grievance involving a participant or funds under an agreement with the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; further, that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall have the right to intervene in such litigation or grievance. H. The submittal of false information to the SFETC may be considered as fraud and could result in the immediate termination of the contract. MONROE COUNTY 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 by deduction from subsequent invoices or by direct payment (cash or check) for the amount owed if the PY'99 LIAISON OFFICE PAGE 4 (GOV1) program ended. Resolution shall occur within thirty (30) days. MONROE COUNTY is liable for prosecution under criminal provisions of the 18 V.S.C. 665 for theft or embezzlement of federal funds. ARTICLE V REGULATIONS MONROE COUNTY does hereby agree to perform all activities as dermed in this Contract in accordance with the following policies and procedures (A through E) which are in effect at the inception of this Contract or as may be promulgated during its life. A. Directives, regulations, and rules issued by the State of Florida. B. MONROE COUNTY Policies and Procedures Manual and subsequent Program Directives as edited and provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for the WIA Program. C. Program Directives issued by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. D. Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; 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 documented in Article V of this Contract are incorporated into this Contract by reference; thereby forming an integral part of this Contract. ARTICLE VI SERVICE DELIVERY The Office of the Intergovernmental Liaison will be responsible for providing liaison services between the MONROE COUNTY and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM during the period of October 1, 1999 to June 30,2000. These services will include: A. Assist the Office of the Director of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in exercising oversight functions on Workforce Investment Act (WIA) programs implemented in Monroe County. B. Advise the Elected Officials of MONROE COUNTY or designee of all Consortiwn policies, procedures, determinations, and results of staff research, reports, meeting agendas, and related information. PY'99 LIAISON OFFICE PAGE 5 (GOV1) C. Ensure representation of the MONROE COUNTY at all meetings held by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, INCLUDING LIAISON MEETINGS, MEETINGS OF THE consortium Board, meetings of planning councils and any other meetings as required pursuant to the U.S. Department of Labor, State of Florida, and/or Consortium policies. D. Participate in all Audit appeals hearings convened by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM Executive Director. E. Participate in Funding Appeals Hearings requested by participants in the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM Request for Proposals (RFP) process. F. Review all policy matters submitted by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM staff to the Consortium Board including but not limited to: Position Papers, RFP Specifications and rating instruments, funding decisions and SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM Administrative and Intake Budgets. G. Coordinate with the MONROE County's Local Elected Officials for appointments to the Jobs and Education Partnership Regional Board for Miami-Dade and Monroe Counties. H. Provide the Executive Director with other over-all program planning and implementation support. I. Assist in all Audit Resolutions and/or Debt Collection responsibilities. J. Assist in resolving all issues of non-compliance pertaining to programs operated by MONROE COUNTY. Monitor program progress in enrollments, placements, and expenditures. Facilitate program implementation in the MONROE COUNTY. K. Coordinate linkages between SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and Economic Development agencies in the MONROE COUNTY. L. Provide other Employment and Training Services to the MONROE COUNTY programs as required by MONROE COUNTY officials. M. Instruct MONROE COUNTY program staff on all SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM policies and procedures. N. MONROE COUNTY 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. MONROE COUNTY is also obligated to certify the absence of debarment and suspension from all subcontractors receiving $25,000 or more in WIA funds during the program year. O. MONROE COUNTY does hereby agree that any and all proposed purchases of capital equipment utilizing SFETC funds must f"Irst be approved by the designated Contracts Manager. PY'99 LIAISON OFFICE PAGE 6 CGOVT) ARTICLE VII SUSPENSION OR DE-OBLIGATION OF FUNDS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to sus- pend or de-obligate funds allocated to MONROE COUNTY for cause, for convenience, or for non- award or reduction of funds in accordance with Article VllI of this Contract. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be the sole judge for determining whether MONROE COUNTY 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 MONROE COUNTY 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 MONROE COUNTY 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 adminiqrator(s) representing MONROE COUNTY have abused the purpose of the Workforce Investment Act of 1998 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 MONROE COUNTY has not spent and will not spend and/or justify the total amount of funds obligated to the program within the period of performance. PY'99 LIAISON omCE PAGE 7 (GOVT) ARTICLE VIII SUSPENSION AND/OR TERMINATION OF CONTRACT If, for any reason, the State of Florida and 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 had delivered, to MONROE COUNTY. MONROE COUNTY has no right to appeal a termination under this section, and the date of termination shall be the date of receipt of the letter. MONROE COUNTY 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 MONROE COUNTY until such time as MONROE COUNTY fuIrlls its obligations to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the closeout procedures listed in Article IV of MONROE COUNTY Policies and Procedures Manual. ARTICLE IX INSURANCE AND BONDING REQUIREMENTS MONROE COUNTY, operating in the capacity of a governmental jurisdiction, shall maintain insurance and bonding specified by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. A governmental jurisdiction shall include a public educational institution which is sponsored by a state or local governmental jurisdiction. ARTICLE X SUB-CONTRACT AGREEMENTS MONROE COUNTY may not enter into any sub-contract agreements for the fuIrillment of obligations under this Contract. MONROE COUNTY may not seD its assets or assign its rights under this Agreement without prior approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. PY'99 LIAISON OFFICE PAGE 8 (GOVT) ARTICLE XI MAINTENANCE OF RECORDS All records pertaining to the funds provided under this Contract shall be maintained by the MONROE COUNTY 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 and the U.S. Department of Labor or any representative thereof, may request copies of any and all of these records. MONROE COUNTY shall be responsible for promptly providing copies of these records at the time of request. MONROE COUNTY 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 the withholding of information contained in the records maintained by MONROE COUNTY. ARTICLE XII MONITORING OF MONROE COUNTY'S PROGRAM The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to monitor, audit or perform an investigation of the Intergovernmental Liaison Office of MONROE COUNTY at any time without prior notification in accordance with its authority provided in the federal regulations. In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM determines that MONROE COUNTY is not in compliance with any obligations listed in this Contract, MONROE COUNTY shall be required to take appropriate corrective action. This determination may be made at any time during the effective period of the Contract. If corrective action is required, MONROE COUNTY 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 MONROE COUNTY within thirty (30) days after the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that MONROE COUNTY 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. PY'99 LIAISON OFFICE PAGE 9 (GOVf) ARTICLE XIII INDEMNIFICATION MONROE COUNTY agrees to indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments, including costs and expenses arising out of breach of contract allowable by Section 768.28 of the State of F10rida Statutes. MONROE COUNTY agrees to absolutely indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments, including costs and expenses arising out of the acts, omissions of MONROE COUNTY its employees, clients, agents or persons under its control to the extent and limit provided in Section 768.28 of the State of F10rida 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 MONROE COUNTY Policies and Procedures Manual and subsequent Program Directives. The State of F10rida or the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may perform audits or have audits performed on this Contract and a copy of the audit rmdings will be supplied to MONROE COUNTY upon completion of said audit. Any rmal adjustments to be necessary shall be made based on such audit rmdings. ARTICLE XV CONTRACT AMENDMENTS MONROE COUNTY 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'S 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. Mter approval, the appropriate signatures of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and MONROE COUNTY 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 ContractuaI Agreement. PY'99 LIAISON OFFICE PAGE 10 (GOVT) 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 N. W. 82nd Avenue, Suite 300 Miami, Florida 33122-1029 Notifications and letters addressed to MONROE COUNTY shall be mailed to: Monroe County Board of County Commissioners Wing n, Public Service Building 5100 College Road Key West, FL 33040 ARTICLE XVII WAIVERS No waiver of any provision hereof shall be deemed to have been 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 xvm CONTINGENCY CLAUSE Funding for this contract is contingent on the availability of funds from the State of Florida and con- tinued 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. PY'99 LIAISON OFFICE PAGE 11 (GOvn ARTICLE XIX AUDITS MONROE COUNTY shall assure that all expenditures made under the terms of this contract are included in the scope of an annual audit of MONROE COUNTY in accordance with the provisions of OMB Circular A-133. MONROE COUNTY 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 MONROE County's rISCal year. The audit report must be submitted to the South Florida Employment and Training not later than 30 days after completion of the audit, and not more than 9 months after the end of the fiscal year. Notwithstanding this annual audit, 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. ARTICLE XX STANDARDS OF CONDUCT In the adminiqration of this Agreement, MONROE COUNTY 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 MONROE COUNTY 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 MONROE COUNTY 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 MONROE COUNTY. No immediate family member of any executive or employee of MONROE COUNTY shall receive favorable treatment from employment into services provided by, or employment with, MONROE COUNTY. MONROE COUNTY shall also avoid entering into any agreement with any immediate family member. When it is in the public interest for MONROE COUNTY to conduct business (only for the purpose of services to be provided) with an immediate family member MONROE COUNTY shall obtain written approval from the SFETC before entering into an agreement. All correspondence shall be kept on Ule 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, rIrst cousin, aunt, uncle, niece, nephew, stepparent, and stepchild. PY'99 LIAISON OFFICE PAGE 12 (GOVT) 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. MONROE COUNTY 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 received 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. MONROE COUNTY assures that it, and its subcontractors, 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 MONROE COUNTY 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. PY'99 LIAISON OFFICE PAGE 13 (GOVl') COPYRIGHTS AND DATA RIGHTS ARTICLE XXIV MONROE COUNTY agrees to adhere to the requirements oC 29CFR97 .34 pertaining to copyrights, insoCar as those requirements may be applicable to any service rendered under this contract. . MONROE COUNTY agrees that the South Florida Employment and Training Consortium, US Department oC Labor, and the State oC 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 oC databases or other computer data processing program, including the inputting oC data. PY'99 LIAISON OFFICE PAGE 14 (Govn SIGNATORY FORM AUTHORIZED SIGNATURES FOR: MONROE COUNTY PROGRAM ENTITLED: - CONTRACT NUMBER: 599000 (These Signatures Shall be the Same As Those Names Which Appear in the List of Authorized Signatures Provided in the Operation Documents on File with the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.) la. lb. Signatures of Authorized Officials Date Date 2a. Wilhelmina G. Harvey 2b. James L. Roberts Typed Name of Authorized Officials Mayor 3b. County Administrator Full Titles of Authorized Officials 3a. 4a. Signature of Person Attesting 4b. Signature of Person Attesting APPItOVED AS T A A SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM BY: Contract Manager Date BY: Executive Director Date PY'99 LIAISON OFFICE PAGE 15 (GOVT) Service Provider Monroe County Title Liaison Index Number 599000 Line Item Budget Total 101 Staff Salary and Fringe Benefits $12,650 510 Travel $ 2,000 Total $14,650 JA27.Budget