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Item C04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 1/17-18/01 DIVISION: COMMUNITY SERVICES BULK ITEM: YES DEPARTMENT: COMMUNTY SERVICES AGENDA ITEM WORDING: Approval of Liaison Contract between Monroe County and South Florida Employment and Training Consortium (SFETC) to have Community Services Division Director continue liaison representative duties. ITEM BACKGROUND: Each year Monroe County is awarded a grant which pays for 20% of the Community Services Division Director salary plus benefits and for travel to Miami to attend Liaison meetings with SFETC. This contract will begin on October 1, 2000 and expire June 30, 2001. PREVIOUS RELEVANT BOCC ACTION: Contract approved annually. Preliminary Letter Contract approved by BOCC on 9/20/00. STAFF RECOMMENDATION: Approval. TOTAL COST: $21,673 BUDGETED: YES (100% Grant Funded) COST TO COUNTY: -0- REVENUE PRODUCING: N/A AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney XXX OMB/Purchasing XXX Risk Management XXX DIVISION DIRECTOR APPROVAL To Follow Not Required DOCUMENTATION: AGENDA ITEM # I"Ql DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: South Florida Employment Effective Date: 10/1/00 and Training Consortium Expiration Date: 6/3 010 1 Contract Purpose/Description:Approval of Liaison Contract between Monroe County and South Florida Employment and Training Consortium (SFETC) to have~s"D"'~'\__ec.'rc!r"continue liaison representative duties. Contract Manager:Jim Malloch (Name) /-/I!j'-~oo I for BOCC meeting on 12/13 14,'OtT 4510 (Ext. ) Community Servicesll (Department) I Courier Stop Agenda Deadline: 11/29/00 CONTRACT COSTS Total Dollar Value of Contract: $21.673 Current Year Portion: $ Budgeted? Yes~ No 0 Account Codes: 125-61521-530490-GJot21-510120-$16.923 Grant: $21.673 125-61521-530490-GJOIt21-530400-$3.750 County Match: $-0- _-_-_-_ - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date In ~<?ied~. ~evie~er Division Director. " \ ~I YeslZJ No . \~. ~-\ t.A.J?(J I..... I.;) 00 . '- ~ag~ent lc\-z...)oc YesDNorg/(l LJ)y~kt'd'" O.M.B./P~g \-ZI<2-~'UDyesDNor;;rd~ {J /~ County Att~rney JJJ~9/()(JYesD No~ ~ f ~. Y;;;:i'-~. ~/n-t~5 Comments: Cob ~ r ...,- ~ 1/3/0/ Date Out n.. I \ s/co I z- \<jj IO{ ~':<';J.C 0 / //~d> OMB Form Revised 12/13/99 WORKFORCEIWELF ARE TRANSITION SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BOARD SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) 3403 N.W. 82nd 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: ''WORKFORCE/WELF ARE TRANSITION' CONTRACT AMOUNT $21,673 CONTRACT NUMBER WWT-PY'OO-OIA-Ol INDEX CODE NUMBER 100058 ARTICLE I TERMS OF CONTRACTUAL AGREEMENT Monroe County Board of County Commissioners does hereby agree to implement and operate an Intergovernmental Liaison Office in accordance with all applicable regulations defined by the United States Department of Labor and or the State of Florida for programs operating under funds generated by the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunities Reconciliation Act of 1996 and the Workforce Innovation Act of 2000. Monroe County Board of County Commissioners also agrees to implement and operate the office in accordance with all regulations defined in Article V of this Contract. PY'2~1---LIAISON OFFICE PAGE 1 (GOVT) Article I Table of Contents Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Signatures EXHIBITS PV'2000-01--LIAISON OFFICE WORKFORCE/WELFARE TRANSITION TABLE OF CONTENTS Terms.............................................................................. Page 1 Page 2 Effective Period of Performance. . ..... .... ........................... Page 3 Reimbursement Costs...................................................... Page 3 Allowable Reimbursements............................................. Page 3 Regulations. ............................................ . .... . ..... ....... ...... Page 5 Service Delivery.............................................................. Page 6 Suspension or De-Obligation of Funds............................ Page 8 Suspension or Termination of Contract...................... ...... Page 8 Insurance and Bonding Requirements.............................. Page 9 Sub-Contract Agreements................................................ Page 9 Maintenance of Records. .... ........................ . .................... Page 9 Monitoring of Program........................................ .......... Page 10 Indemnification.. .. . . ........... .. . .... . .... . .... . ..... ...... . ....... ....... Page 10 Documentation for Invoices .......................................... Page 11 Contract Amendments................................................... Page 11 Notices...................................................................... .... Page 11 Waivers.............. ............ ... ........ ............. .... ........... ........ Page 12 Contingency Clause................. ........... ....... .................... Page 12 Audits... ................................... ...... ..... ... .... ...... .... ......... Page 12 Standards of Conduct.................................................... Page 13 Health and Safety .......................................................... Page 13 Accreditation, Compliance with ................................................. Applicable Licensing Requirements, .......................................... Tax and Insurance Requirements................................... Page 14 Oral Communication..................................................... Page 14 Copyrights and Data Rights........................................... Page 14 ...................................................................................... Page 15 ARTICLE II PAGE 2 (GOVT) 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 October 2, 2000 through June 30, 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 m REIMBURSEMENT COSTS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, in consideration of the services rendered by Monroe County Board of County Commissioners, does hereby agree to reimburse allowable costs incurred by Monroe County Board of County Commissioners in the performance of the Intergovernmental Liaison Office not exceed $21,673. ARTICLE IV ALLOW ABLE REIMBURSEMENTS Reimbursements are allowable under the following stipulations; A. Allowable reimbursements shall be defined 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 the Service Provider 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), the Workforce Innovation Act of 2000 and/or the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. C. All reimbursement costs shall be charged to an itemized sub-object codes as defined 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 BOARD OF COUNTY COMMISSIONERS shall be paid by the SFETC to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. PV'2000-01-LIAISON OFFlCF.. PAGF,3 (f'.QVf) D. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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. If such costs are incurred while approval of a budget modification is pending, the costs shall be the responsibility of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS as a result of fiscal audits of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS's Office then MONROE COUNTY BOARD OF COUNTY COMMISSIONERS agrees to reimburse and indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for any disallowed funds relating to the fiscal audits of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS's Office, upon completion of the audit appeals. In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, is forced to sue MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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. PY'ZOOO-Ol-LIAISON OFFICE PAGE 4 (GOVT) H. ' The submittal of false iDf'ormanon to the SFETC may be FOosidered as bud and could result in - - - < the immediate tcrmiDation of the contract. MONROE COUNTY BOARD OF coUNTY .. COMMISSIONERS is liable for the repaymeat of fudds that were paid by tfJe SFETC- for reported performance or other compensation tOr service+ or expenses subsequently determined to be invaJid. Repayment may be by dedndion from subsequent invoices or by direct payment (cash or check amount owed if the program end&!." -~I (30) days ROE B ARD 0 ~ 9Bb1~ ~ 1 ro . ons fl..,. 66 r' theft emb ement ~S NOT M P fi{ 1lb a,""""-t ~ - . C\.ucl.Q , ARTICLE V ; OS. E. v-{tY\.\OC+\ · . (b....P'\"'W1.~ ~w;a ; 0 tQ<<.-~'\.. \'2.~'SIt!ii : H hs ~ c::..~. , .. :,; . MONROE COUNlY BOARD OF COUNTY COM1\USSIONERS does hereby agree to :perform all activities as defined in this Contract in accordance with thb following-.policies and procedures (A through E) which are in effect at the inception of this Co~ or as may be promulgated during its l~ ' we. . - . . . - ,. . ',. . -' ..- ()~ ~ ~ ~ REGULA nONS A - I:.. The Workforce Investment Act of 1998 and Federalr~ons promulgated pursuant to the W oMorce IuvestnulJftt Act. . B. C. The Personal Responsibility and Work Opportunity ReeqnClTl3tioD Act of 1996. Directives issued by the United States Department ofL~or and Health and Human Services and/or the Office ofMaDagement and Budget. D. Florida Statute 414 as amended. E. Florida SWUte 44S. F. Workforce Innovation Act of2000. G. Directives, regulations, and rules issued by the State of~orida. The Service Provider Policies and Procedures Manual and subsequent Program Directives as edited and provided by the soum FLORIDA' EMPLOYMENT AND tRAINING CONSORTIUM. . Program. Directives issued by sounr FLORIDA EMPLOYMENT Al\TD ntAINING CONSORTIUM. I. 1. K.. L. M. Affidavit requiR:d by FS. ~ 287.13 3 (Public Entity Crime)- I ~1-1J.I~'SOFnCE PAGE! (CO\~ 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 BOARD OF COUNTY COMMISSIONERS and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM during the period of this contract, October 2, 2000 through June 30,2001. 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 and Welfare Transition (WWT) programs implemented in Monroe County. B. Advise the Elected Officials of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS or designee of all Consortium policies, procedures, determinations, and results of staff research, reports, meeting agendas, and related information. C. Ensure representation of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 Board of County Commissioners'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. PY'2000-0t-I,IAISON OFFICE PAGE 6 (GOVT) 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 BOARD OF COUNTY COMMISSIONERS. Monitor program progress in enrollments, placements, and expenditures. Facilitate program implementation in the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. K. Coordinate linkages between SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and Economic Development agencies in the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. L. Provide other Employment and Training Services to the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS programs as required by MONROE COUNTY BOARD OF COUNTY COMMISSIONERS officials. N. Instruct MONROE COUNTY BOARD OF COUNTY COMMISSIONERS program staff on all SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM policies and procedures. O. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS is also obligated to certify the absence of debarment and suspension from all subcontractors receiving $25,000 or more during the program year. P. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS does hereby agree that any and all proposed purchases of capital equipment utilizing SFETC funds must first be approved by the designated Contracts Manager. 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 BOARD OF COUNTY COMMISSIONERS for cause, for convenience, or for non-award or reduction of funds in accordance with Article VIII of this Contract. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be the sole judge for determining whether MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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: PV'2000-01--LlAISON OFFICE PAGE 7 (GOVT) A. When it is determined that MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS have abused the purpose of the Workforce Investment Act of 1998, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Workforce Innovation Act of 2000 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 BOARD OF COUNTY COMMISSIONERS 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 vm SUSPENSION AND/OR TERMINA nON 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 hand delivered, to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS until such time as MONROE COUNTY BOARD OF COUNTY COMMISSIONERS fulfils its obligations to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the closeout procedures listed in Article IV of the Service Provider Policies and Procedures Manual. ARTICLE IX INSURANCE AND BONDING REQUIREMENTS The Service Provider, operating under 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 PV'2000-01--LIAlSON OFFICE PAGE 8 (GOVT) .- 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS may not enter into any sub- contract agreements for the fulfillment of obligations under this Contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 All records pertaining to the funds provided under this Contract shall be maintained by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS shall be responsible for promptly providing copies of these records at the time of request. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS. ARTICLE XII MONITORING OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS'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 BOARD OF COUNTY COMMISSIONERS at any time without prior notification in accordance with its authority provided in the federal regulations. PY'2000-01-LIAISON OFFICE PAGE 9 (GOVI') In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM determines that MONROE COUNTY BOARD OF COUNTY COMMISSIONERS is not in compliance with any obligations listed in this Contract, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS within ten (10) days after the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. ARTICLE XIII INDEMNIFICA TION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS agrees to indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments, including costs and expenses arising out of breach of this contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 DOCUMENTA TION 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS upon completion of said audit. Any final adjustments to be necessary shall be made based on such audit findings. ARTICLE XV CONTRACT AMENDMENTS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS may request an amendment to this Contract to conform with any contingencies which may require such amendment. Once a contract PY'2000-01-LIAISON OFFICE PAGE 10 (GOVT) 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 N.W. 82nd Avenue, Suite 300 Miami, Florida 33122-1029 Notifications and letters addressed to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall be mailed to: Monroe County Board of County Commissionen Wing ll, Public Service Building 5100 College Road Key West, FL 33040 ARTICLE xvn WAIVER 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 PV'2000-0t--LIAISON OFFICE PAGE 11 (GOVT) 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-B3. 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 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 administration of this Agreement, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS. No immediate family member of any executive or employee of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall receive favorable treatment from employment into services provided by, or employment with, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall also avoid entering into any agreement with any immediate family member. When it is in the public interest for MONROE COUNTY BOARD OF COUNTY COMMISSIONERS to conduct business (only for the purpose of services to be provided) with an immediate family member MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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, PV'2000-01-LIAISON OFFICE PAGE 12 (GOVT) 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. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 ACCREDITA TION, COMPLIANCE WITH APPLICABLE LICENSING REQUIREMENTS, TAX AND INSURANCE REQUIREMENTS. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS assures that it, and its subcontractors, will comply with all applicable accreditation, business licensing, taxation, and insurance requirements. ARTICLE xxm ORAL COMMUNICATION The parties hereby acknowledge that this document represents the entire Agreement between the South Florida Employment and Training Consortium and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. PV'2000-01--LIAISON OFFICE PAGE 13 (GOVT) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. PV'2000-01--LIAlSON OFFICE PAGE 14 (GOVT) SIGNA TORY FORM AUTHORIZED SIGNATURES FOR: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS "WORKFORCE/WELFARE TRANSITION" WWT-PY'OO-OlA-Ol PROGRAM ENTITLED: CONTRACT NUMBER: (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. Signature of Authorized Officials Date Date 2a. George Neugent 2b James L. Roberts Typed Name of Authorized Officials 3a. Mayor 3b. County Administrator Full Title of Authorized Officials 4a. 4b. Signature of Person Attesting Signature of Person Attesting Signature that Appears on Line la APPROVED AS TO Fo~gnature that Appears on Line lb AND LE L SUFFICI Y. SU N~JiiN SOUTH FLORIDA EMPLOYMENT AND TR~,/ :J G CONSORTIUM BY: Contract Manager Date BY: Date Executive Director PY'2000-01-LIAISON OFFICE PAGE 15 (GOVT) __~.?J29/00 12: 19 FAX ~lllll O!!I!~ ..cf'~~~E (30SI294_1 BOARD OF COUNTY COMMISSIONERS MAYOR George Neugent, Distric:t:2 Mayor Pro leln Nora Williams, District 4 Dixie Speblll, Dislrict 1 Cbades "SOIllly" McCoy, District 3 Murray Nelson, Dislrict S James E Malloch Monroe County Community Services Division Public Service 8fdg Wing 4, Roon 405 5100 College Road Key West, Fl33040 (305) 292-4500 - Phone (305) 292-4417 - Fax 'l lD}jg~ ~ O\4jgfl\\ lnl OEe 2 1 rooo lUJ " ~ December 15,2000 Joseph Alfano, Executive Direc' or "-South- Florida Employment-&- 'J ;aining Consortium 3403 NW 82nd Ave. Suite 300 Miami, Florida 33122-1029 Dear Mr. Alfano: Please accept this letter as a request to have the Preliminary Letter Contract for Liaison Services extended for an additional 30 c lays. We were unable to get the Liaison Contract on the agenda of the Board of CountYCOImnissionc rs (BOCe) meeting of December 13, 2000. It will, however, be on the agenda for January 17,2001 BOCC meeting. Indicate you approval below, fax and mail original back to me as soon as possible for routi 18 through Monroe County staff --- Thank you for your considerati, m in this matt ? 'f~ Disapproved A#i/-~ 4# It;) Approved Date Cc: James L. Roberts, COUllty Administrator Maria Sierra, SFETC Roxanne Soto, SFETC '..~' CLERK'S ORIGINAL "i;i;~if!iTi1;!limj;li1~9~~~~t~~~i!~~).j1;~1~i~ ...... ..' ..-.- ..,.:nnVT:.........1f~DV1.r;;'DIJt~.,.,~.. , .. mJfa~...".r....._,."......... . '::i:::.;.,..:::..~:E~:~:':-.:~~~. "':'. ..:...;.. :... ..... ;...~. ........~~l:~..~ :-:,~:~~. .;..._:;:~~_....~!~.x; ~~,,-:,,"~"::.e:;-"""""..~~.' 'l;.:~.:: ~.;"..:;;:~.~::;;,.;.~~.:...:~;....:_~~~:~~r~. ~::~~i:: d\i..':~ "SOttrB~JUnA::EMi'L€lYMWidF"'. .:. ';~~l!M59.11ttJ. ! !?idi1J]~it.~~$f::~l1:~~If[;:~:j~~~~;::r~~,)~1~tl)Mi;~~jif;i,;:jft:i[0fi: SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 NW 82- Avenue, Suite 300 Miami. Florida 33122 SERVICE PROVIDER MODrOe County Board of County Commicqoner'S 5100 College Road Key West, Florida 33040 ContraCt #: WWT-PY'OO-Ol-OO Effective Period of Performance: October 1, 2000 or the date signed by both panies. whichever last occurs. throuah June 30, 2001. Your organization has been selected for award of the contraCt for operation of an Intergovernmental Liaison Office for WorkforcelWelfare TraDsitlon P.ropillll upon the condition that all documentation and elements that arc necessary for the full contract padcage are iDCOrporated by modification number intO this contraCt no later than 90 days from the effective date of this contract as noted above. The program is described as follows: e Benefits: S 11,923 S 3750 $15673 Documentation is required prior to contraCt execution includes documentation of licensing and incorporation in the Stare of Florida, names and positions of Board of Directors, a recent audit report or a certification of sound fIScal management, incomeIFICA taX certification and IRS identificatioD number, aud ail insurance and bonding policies. No CODttact may be executed if these documents have not been submitted and no contract will be executed on a retroactive basis. In addition, the Service Provider will be required to submit a listing of organizational responsibilities, personnel policies and procedures and an affmnative action plan. A more extensive agreement will be submitted for your signature as soon as possible. ~.__,...u_ ftaaaiU_ Jat-.....VM Cal U~ oala. ....,. 1 Z'''-IOU . , It is very important that you sign this preliminary letter COIlt'r3Ct ami retUrn it to Maria Sierra. Assistant Director for Operations. to be received no later than SMttlPlllber 29. 2000. If you have any questions please call Ms. Sierra at extension 253, or your assigned ContraCtS Manager at 305-594-7615 atension 252. The undersigned have the authority to legally bind by contraCt the entities they represent. /i)~ 2-fl Date Representing the South Florida Employment and Training Consortium ~~~ Ke:-~d- -' ~ ~. 09-0\0-00 Authorized Signature .M ayor ;:::>"0 khl Date Representing: Monroe CODDly Board of CoUDly Cnmmicc1oner'S ZANNe~~ON _ . T~ ". ~ 'r/t2 "dd'...-I"'Uu. ~a.U_ ra....._-- t&1 uu- oUi._ .... z 2"0-aOO&