Item C30
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED
MEETING DATE: 5/17-18/00
DIVISION: COMMUNITY SERVICES
BULK ITEM: YES
DEPARTMENT: COMMUNITY SERVICES
AGENDA ITEM WORDING: Approval of a Contract between South Florida Employment & Training Consortium
(SFETC) and Monroe County Board of County Commissioners concerning the Summer Youth Employment Program.
ITEM BACKGROUND: Monroe County has been awarded a total of $189,981 for Program Year 2000 for operation of
the Summer Youth Employment Program. At this time, Monroe County will acquire 80% of this total, which is $151,984.
Once all benchmarks are met, we wilt then be awarded an additional $37,997.This program will serve disadvantaged
youths from ages 14 - 21. The program will serve 92 participants throughout Monroe County.
PREVIOUS RELEVANT BOCC ACTION: Preliminary Letter Contract approved April 19, 2000.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $151,984
BUDGETED: YES (100% Grant Funded)
COST TO COUNTY: -0-
REVENUE PRODUCING: NIA
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney XXX
OMB/Purchasing XXX
Risk Management XXX
DIVISION DIRECTOR APPROVAL
~
DOCUMENTATION: Included XXX
To Follow
Not Required
AGENDA ITEM #
C-30
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 a Contract between South Florida Employment &
Training Consortium (SFETC) and Monroe County Board of County Commissioners concerning
the Summer Youth Employment Program.
Contract Manager:Jim Malloch
(Name)
4500
(Ext. )
Community Services/l
(Department) I Courier Stop
for BOCC meetinJl; on 5/17/00
Agenda Deadline: 5/3/00
CONTRACT COSTS
Total Dollar Value of Contract: $151.984 Current Year Portion: $
Budgeted? Yes~ No 0 Account Codes: 125-61508-530490-GJ0008-530
Grant: $151.984 _-_-_-_
County Match: $-0- _-_-_-_
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(e~. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
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WORKFORCE INVESTMENT ACT
CONTRACTUAL AGREEMENT BETWEEN
SOUTH FLORIDA EMPLOYl\1ENT AND TRAINING
CONSORTIUM AND SERVICE PROVIDER
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC)
3403 NW 821111 AVENUE, SUITE 300
MIAMI, FLORIDA 33122-1029
SERVICE PROVIDER
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
5100 College Road
Key West, Florida 33040
TITLE OF SERVICE PROVIDER'S PROGRAM
"WIA-Youth Services"
CONTRACT AMOUNT
INDEX CODE NUMBER
$ 151,984
409025
CONTRACT NUMBER
WIA- YS'00-25-01
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 BOARD OF COUNTY COMMISSIONERS
does hereby agree to implement and operate a program in accordance with all regulations
defmed by the United States Department of Labor and the State of Florida for programs
operating under funds generated by the Workforce Investment Act of 1998 (WIA). 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 regulations
defined in Article V of this Contract.
(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 MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS from the fIrst (1~ day of April 1, 2000 or the date of signing, which ever last
occurs, to the thirty-first (31~ day of March 31, 2001 at which time all performance other than
close-out procedures which are required of MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS in this Contract shall be completed. All close-out 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 $ 151,984.
Desi2D Period Slots Amount
Summer Youth Program and 04/01/00 thru 03/31/01 92 $ 151,984 *
Follow-up Activities
* Funding amount represents 80% of the $ 189,980 to be awarded if all applicable
benchmarks are achieved.
ARTICLE IV
ALLOWABLE REIMBURSEMENTS
Reimbursements are allowable under the following stipulations;
A. Allowable reimbursements shall be defmed 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
(GO\"T)
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2. The State of Florida; and
3. 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.
B. All reimbursement costs shall be paid from federal funds provided through the
Workforce Invesnnent Act of 1998 (WIA). 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 as included as
part of this Contract. This budget shall include allocation of costs to appropriate cost
categories as defmed 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 adjusnnents 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 contract/budget.
Other modifications will be accepted onlv on a quarterly basis to be submitted no later
than March 31, June 30. September 30 and December 31. 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
(GOV.T)
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,
pending, the costs shall.be the responsibility of the Service Provider. These costs shall
not be reimbursed by WIA federal funds; nor shall they be reported to the South
Florida Training and Employment 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 the Contractual Agreement.
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 andlor policies and procedures incorporated in this contract, the Service
Provider agrees to reimburse the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM for reasonable costs including attorneys' 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.
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 D.S.C. 665 for theft or embezzlement of federal funds.
(Gov'1)
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,
ARTICLE V
REGULATIONS
The Service Provider does hereby agree to perform all activities related to the program as dermed in
this Contract in accordance with the following policies and procedures (A through H) which are in
effect at the inception of this Contract or as may be promulgated during its life:
A. The Workforce Investment Act of 1998 and Federal regulations promulgated pursuant
to the Workforce Investment Act.
B. Directives issued by the United States Department of Labor and/or the Office of
Management and Budget.
C. Florida Workforce Act of 1996 and Senate Bill 1566.
D. Directives, regulations, and rules issued by the State of Florida.
E. The Service Provider Policies and Procedures Manual and subsequent Program
Directives as edited and provided by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM for the WIA Program.
F. Program Directives issued by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM
G. Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM;
H. Affidavit required by FS. A 287.133 (Public Entity Crime).
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.
(GOV'1)
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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 defmed in the Exhibit(s) to this Contract. The Service Provider is also obligated
to accomplish those objectives within the period of this contract, April 1, 2000 through
March 31,2001 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 not
additional cost to this contract.
B. Services provided under this contract shall be provided only to eligible individuals, as
defmed 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 Affmnative 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 will comply
with the tenets of Equal Employment Opportunity.
As a condition to the award of fmancial assistance under WIA, the Service Provider
assures, with respect to operation of the WIA-funded program or activity and all
agreements or arrangements to carry out the WIA-funded program or activity, that it
will comply fully with the nondiscrimination and equal opportunity provisions of the
Workforce Investment Act of 1998 (WIA), including the Nontraditional Employment
for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; Section
504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of
1975, as amended; Title IX of the Education Amendments of 1975, as amended; and
with all applicable requirement imposed by or pursuant to regulations implementing
those laws, including but not limited to 29 CPR part 34.20. 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
WIA and non- WIA personnel as per Federal regulations.
(GOV.T)
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The Service Provider shall also insure that each employee and enrollee under this
contract is infonned 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 (20lh) calendar
day of each month. A Property Inventory Report shall be submitted to the SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM by the first (1 ~
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.
ARITCLE VI <Al
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
TRAINING AND EMPLOYMENT COUNCIL OF SOUTH FLORIDA 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 announcements 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 WIA
funds during the program year.
(GOV'T)
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T.be Service Provider does hereby agree to accurately complete ami submit all repons
required by die SOUTH PLOlUDA EMPLOYMENT AND TRAINING
CONSORTIUM in accordaDce with tbe procedmes stipulaU:d'in the ~ Pmvider
~licies :md Procedun:s Manual aal subsequent Program Diredives.
The Service Provide does hereby agree to accurarelY ~ all propam iDcome
pzaera1I4 by the Servke Provider's program to 1bC SOUTH FLORIDA
!:MPLOYMENT AND TRAINlNG CONSORTttJM. Pro~ iDcome iD:1udes
income from fees for senices ml CODfemIces. D:Dtals. sales of commodities,.!I\'8IID .
in c:xccss of COSt, Wtest, royalties, ~ghts,etc. All proSram iD>>mCshal1 mat
to the SOUTH FLOlUDA EMPLOYMENT AND TRAINING CONSOllmTM lmJess
anthorizecl m writUIS otherwise by tbc Executive J)irecr.or of the SOUTH FLOlUDA
EMPLOYMENT AND TRAINING CONSORnuM.
G. The Service Provicter does hereby asree dJat Ill)' aud an' prqJ,osed pucha8es of capital
eq,uipmeJtt utili"" WIA fimds must 8nt be approveclby me desiptPrl CcmtradS
~ Manager, aDd that capital equi9mcnt pmdWed with WIA timds mDJ'''-c tb8 9J.vpeilY of
E"" !be S1a1e of Plorida UDder me cusrOO;Anltlitp of the SOUTH FLORIDA
, C/..r EMPLOYMENT AND TR,AOONG CONSORTIUM. ~m1 equipsnem is. ben:by
.e" ~ defiDecl as -any equipment. ~ and other taJ2I1"le pericmal property of a 1LOD-
~~ \ ecmsumable and DOD-txptndah1e natmC, the value or cost of which is $SOO or more and
\ ~ b- ^ die normal ~ life of which is 1 year or more.. "
\,c. ~~ s.m:e. sII8Il this Co
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F.
ARTICLE VII
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Tbc SOUTH FLORIDA EMPLoYMENT AND TRAINING CONSORTIUM has.the authority
10 suspend or dMb1ipte t\mds allocated to the SerIiee Provider for.breIdI of any proviaioD of
d1iI Comract in aamdaDce with Article VIII of dDs CODtraCt. The soum FLOIIDA
EMPLOYMENT AND 'I'ItAINlNG CONSORTIUM sbill be the Sole judae for deIe1l,,:ning
wbetber the Sc:rrice Provider has complied with the tt:rmS aDd' conditiODS aovcniDg this
ComracL Ra.soDs for suspension or dc-ub1ip1iOIl sball _lud-, but sb8l1 not be .11mitP.d to tbI
foUOWiJJg:
A. When it is ~miDec1 that the Service Pro"ider has act complied with me obligations
listed in mis Contract. iDc1uding the ServiceS Delivery oblipUons as stipu1ateG in
Anidc VI of thia Contract;
(GOV"Tl
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B. When it is determined that the Service Provider has not complied with the requirements
for corrective action as stipulated by soum 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 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.
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 soum 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 vm, Section B of this Contract for suspension or to those
stipulations outlined in Article vm, Section C of this Contract for termination.
B. Procedures for Suspension for Cause by the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM:
The soum FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall
have the right to suspend partial or total funds which have been allocated to the Service
Provider under the provision of this Contractual Agreement in accordance with Article
vn 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.
(Go\"n
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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 through 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 close-out 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 until the charges for such damages have been paid to the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM 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 from
the Service Provider is determined. This liability shall include damages awarded to a
(GOV.T)
PAGE 10
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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 close-out 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
close-out 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 FLORIPA EMPLOYMENT AND TRAINING
CONSORTIUM adheres to those stipulations outlined in Article vm, 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.
(GOV'n
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,
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 fulftlls its obligations to the
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the
close-out 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 is required. If any insurance
policy is purchased from a private insurance company, then a certificate of insurance must be
provided to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
ARTICLE X
SUB-CONTRACT AGREEMENTS AND ASSIGNMENT PROHIBmON
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. Any expenditures
incurred by the Service Provider in conjunction with a sub-contract agreement prior to receipt
of written approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM shall be the responsibility of the Service Provider and may not be reimbursed
with WIA funds; nor shall they be reported to the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM as an inclusion with subsequent expenditures.
(GOV'T)
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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 soum FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
ARTICLE XI
MAINTENANCE OF RECORDS
During the period of this contract, administrative and fmancial operations pertaining to this
contract shall be originated and processed within the Miami-Dade/Monroe Counties Service
Delivery Area and all financial records, as defmed 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 fmancial, 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. 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 the 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 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
(GOV'T)
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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.
The 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 times 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.
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 andlor 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
(GO\"T)
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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 vm 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
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 fmdings will be supplied to the Service Provider upon completion of
said audit. Any fmal adjustments necessary shall be made based on such audit fmdings.
(GOV'n
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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'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.
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 and 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 letter addressed to the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM shall be delivered or mailed to:
SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM
3403 NW 82l1li Avenue, Suite 300
Miami, Florida 33122-1029
Notifications and letters addressed to the Service Provider shall be mailed to:
MONROE COUNTY BOARD OF COUNTY
COM1\1ISSIONERS
"WIA - Youth Services"
5100 College Road
Key West, Florida 33040
(GOV'T)
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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 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
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall assure that all
expenditures made under the terms of this contract are included in the scope of an annual audit
of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS in accordance with the
provisions of OMB Circular A-133. MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 BOARD OF COUNTY
COMMISSIONERS'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, MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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.
(GOV'l)
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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 of any executive or employee of the Service Provider 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 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 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.
(GO\"T)
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ARTICLE XXII
ACCREDITATION, COMPLIANCE WITH APPLICABLE
REQUIREMENTS, TAX AND INSURANCE REQUIREMENTS.
LICENSING
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.
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 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.
(GOV'T)
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SIGNATORY FORM
AUTHORIZED SIGNATURE FOR:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
PROGRAM ENTITLED:
"WIA - Youth Services"
CONTRACT NUMBER:
WIA- YS'00-2S-01
(The 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 CONSORTIUM.)
la.
lb.
Signature of Authorized Officials
Date
Date
2a.
2b.
Typed Name of Authorized Officials
3a.
3b.
Full Title of Authorized Officials
4b.
Signature of Person Attesting
Signature that appears on Line Ib
4a.
Signature of Person Attesting
Signature that appears on Line la
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
BY:
Contracts Manager
Date
BY:
Executive Director
Date
(GOV'n
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Article I
Article D
ArtIcle m
ArtIcle IV
ArtIcle V
ArtIcle VI
ArtIcle VI (A)
ArtIcle VD
Article vm
ArtIcle IX
Article X
Article Xl
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVD
Article xvm
Article XIX
Article XX
Article XXI
Article XXD
Article XXIII
Article XXIV
SigDature
Table of Contents
EXHIBITS
(GOV'T)
WORKFORCE INVESTMENT ACT CONTRACT
TABLE OF CONTENTS
Term .. ..... ................. ....... ................. ........ ..............
En'ectlve Period. of Performance......................................
Reimbursement C()5ts ...................... ..............................
.ADowable Reim.bursements ....................... .......~.............
RegulatlOIIS ................. ..... ........................... ..................
SeI'vice DeUveJ'Y' .............. .... .... ....... ...... ........ ............ ...
Ob1iptlODS CODceming Dally Operatloas..................... ...
Suspension or De-ObllgadoD of Funcls ...................... ......
SuspeasIOD or Termination of CoDtrac:t....................... ....
IDsurance and Bonding Requirelraents ...................... ......
Sub-Contract Agreements.. .............................................
Maintenance of Records ...................... ...........................
MonitoriDg of Program ....................... ...........................
IDdemniftcadon.... ....... ...... ..... .......................................
Documentadon for Invoices ...................... .....................
Contract Amendments ..................... ..............................
Notices... ... ..... ......... ..... ................................................
Waivers ..................... ..................... ......... ............... ......
Contingency Clause .... .... ......... ... ...................................
Audits .................... .................................... ..................
Standards of Conduct..................... ...............................
Health and Safety ..................... .....................................
Accredlta.doD. Compliance with ....................................
AppUcable Ucensing Requirements................................
Tax. and Insurance Requirements .................... ..............
Oral COIDIDunicatlon...... ..... .......... ... ............... ...............
Copyrigh:ts and Data RIghts ..................... ......................
............................................................................ .
..................................... ..... ........ ... ............ ....... .....
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