Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/20 - 21/01
Division:
Community Services
Bulk Item: Yes
No X
Department:
Social Services
-rK~O:---
Louis LaTorre
AGENDA ITEM WORDING:
Approval of Subgrant Agreement between Monroe County Board of County Commissioners and the
National Council on the Aging, Inc. SCSEP PY 2001 - 2002, July 1,2001 through June 30, 2002.
ITEM BACKGROUND:
An on-going grant to provide employment and training for senior citizens who are on a limited income.
This program in past years was originally approved to operated at 34 slots. Due to situation with the
Florida Department of Elder Affairs the program slots was reduced to 24 slots and funding cut by
$68,800.00.
PREVIOUS REVELANT BOCC ACTION:
Approved annually. Last approval was June 14,2001.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$198,700.00
BUDGETED: Yes X
No
COST TO COUNTY:$38,500.00 (19%)
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty -L
DOCUMENTATION:
Included X
agement ~
DIVISION DIRECTOR APPROVAL:
James Malloch)
o Follow Not Required_
AGENDA ITEM # Wt'J
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The National Council on the Aging, Inc. Contract #
-
Effective Date: 07/01/2001
Expiration 06/30/2002
Date:
Contract Purpose/Description:
The Senior Community Service Employment Program (SCSEP) is an employment and
training Program for senior citizens, 55 years of age and older, who are on a limited income.
The program serves seniors throughout Monroe County.
Contract Manager: Dianne Russell 4593 Social Services/#1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6/20 - 21/2001 Agenda Deadline: 6/6/2001
CONTRACT COSTS
Total Dollar Value of Contract: $ 198,700
Budgeted? Yes[g] No D Account Codes:
Grant: $ 160,200
County Match: $ 38,500
Current Year Portion: $
125-61506-530490-G0040 l-XXXXXX
--
125-61506-530490-G0050 l-XXXXXX
Estimated Ongoing Costs: $ _/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director )7.if-JjJ
Risk Managem'V'fu #1
Wurc~$jD1
County Attorney .*
Comments:
Change~
Needed
YesD No
Date Out
OMB Form Revised 2/27/01 MCP #2
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SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the National Council on the Aging, Inc. (NCOA),
hereinafter referred to as GRANTEE, and (name of SUBGRANTEE) Monroe County Board of
County Commissioners, hereinafter referred to as SUBGRANTEE. The SUBGRANTEE agrees
to operate a project under the GRANTEE'S Senior Community Service Employment Program
(SCSEP) in the manner described in the approved Subgrant Narrative, as governed by the
Older Americans Act (OM) Title V regulations, including all clauses and exhibits included
herein. This entire AGREEMENT is contingent in its entirety on SUBGRANTEE'S strict
conformance with its terms and applicable state and Federal laws.
GRANTEE
NATIONAL COUNCIL ON THE AGING, INC.
409 Third Street, S.W., 2nd Floor
Washington, D.C. 20024
(202) 479-1200
FAX: (202) 479-0735
www.ncoa.org
www.maturityworks.org
SUBGRANT PERIOD
SUBSPONSOR 10#
FUNDING, SLOT LEVELS, GOALS
Federal Funds Awarded
SUBGRANTEE
Monroe County Board of County
Commissioners
c/o Monroe County SCSEP Social Services
5100 College Road, Wing III
Key West, Florida 33040
305-292-4593
July 1, 2001 - June 30, 2002
-12
I SEC.502(e)* I
TITLE V
TOTAL
$160,200
DoL Authorized Enrollment 24
NCOA Approved Enrollment 24
Unsubsidized Placement Goals 9
* Includes ONL Y funds awarded in addition to regular Title V allocation.
24
9
i SECTION 502(e) EXPERIMENTAL PROJECT BUDGET I
ADDITIONAL FUNDS: I REGULAR TITLE V FUNDS: I TOTAL 502(e) COSTS: I
$ $160,200 $
Method of Payment I [X] Cost Reimbursement I [ ] Advance Payments
I Appto~ecifo":(3RANTEEby: I Apptov~df9i-;i$IJB(;BANTEgby: I
NAME NAME George Neugent
TITLE TITLE Mayor
SPONSOR AGENC~ORGANaATlON
National Council on the Aging, Inc. Monroe County Board of County
Commissioners
SIGNA TURE SIGNA TURE
DATE DATE
For official subgrant purposes, the total subgrant agreement consists of this document which details contractual obligations, a line
item budget (Exhibit A). and a narrative/project workplan (Exhibit B), and listing of administrative and operational offices (Exhibit C).
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WITNESSETH
WHEREAS, the GRANTEE has received a Grant from the United States Department of
Labor, Employment and Training Administration, for use in providing employment and training
opportunities for eligible persons pursuant to Title V of the Older Americans Act, as amended;
and
, , ,WHEREAS, the SUBGRANTEE, an independent contractor, has established a program to
provide services for said eligible persons residing within its jurisdiction; The GRANTEE and the
SUBGRANTEE desire to enter into an agreement whereby said GRANTEE will distribute funds
received under its grant to SUBGRANTEE for use in the operation of said program.
The GRANTEE requires the competent performance of the SUBGRANTEE in providing
employment and training services as specified in this AGREEMENT.
That the GRANTEE and the SUBGRANTEE acting by and through their representatives,
have collectively agreed and by execution hereof are bound to the mutual obligations and to the
performance and accomplishments of the tasks and provisions hereafter described.
I. PROGRAM PURPOSE
A. Project Objectives
The SUBGRANTEE understands and agrees that the purpose of the Senior Community Service
Employment Program (SCSEP) is to provide, foster, and promote useful part-time opportunities
in community service employment and training opportunities for low income persons who are 55
years of age or older and, to the extent feasible, to assist and promote the transition of program
participants to private or other unsubsidized employment.
The primary objectives are to:
1) Provide needed wages to eligible individuals through employment in service to the
community.
2) Provide needed service to the community.
3) Provide opportunities for entry/transition of program participants into private or other
unsubsidized employment.
B. Special Assurances
The project conducted under the Subgrant will:
1) Provide program participation opportunities only for eligible individuals. Necessary
technical, administrative, and supervisory personnel shall, to the fullest extent possible, be
recruited from among eligible individuals;
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2) Provide program participation opportunities for eligible individuals in the community in which
such individuals reside, or in nearby communities;
3) Provide services to assure the transition to unsubsidized employment of as many program
participants as possible;
4) 'Provide employment and training opportunities for eligible individuals in services related to
publicly owned and operated facilities and projects or in projects sponsored by
organizations, other than political parties, exempt from taxation under the provisions of
Section 501 (c)(3) of the Internal Revenue Code ,of 1954, as amended, except projects
involving the construction, operation, or maintenance of any facility used or to be used as a
place for sectarian religious instruction or worship. Documentation of the 501 (c)(3) status of
non-governmental training sites must be retained on file;
5) Contribute to the general welfare of the community;
6) Result in an increase in employment opportunities over those which would otherwise be
available, but (I) not result in the displacement of currently employed workers (including
partial displacement, such as reduction in the hours of non-overtime work or wages or
employment benefits), and (ii) not impair existing contracts or result in the substitution of
Federal funds for other funds in connection with work that would otherwise be performed;
7) Not permit the participation of any eligible individual to perform work the same or
substantially the same as that performed by any other person who is on layoff;
8) Utilize methods of recruitment and selection (including notifying the State employment
security agency when vacancies occur) which assure that the maximum number of eligible
individuals have an opportunity to participate in the project;
9) Include such training as may be necessary to make the most effective use of the skills and'
talents of those individuals who are participating, as well as provide for the reasonable
expenses of individuals being trained, including reasonable compensation for time spent in
training; "
10) Assure that safe and healthful training site conditions will be provided and assure that
program participants assisted under this Subgrant shall be paid wages which shall not be
lower than whichever is highest of (I) the minimum wage which would be applicable to the
participant under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such Act
applied to the participant and if he/she were not exempt under Section 13 thereof, (ii) the
State or local minimum wage for the most nearly comparable covered employment, or (iii)
the prevailing rates of pay for persons employed in similar public occupations by the same
employer.
11) Be established or administered with the advice of persons who are competent in the field of
service in which employment training is being provided and who are knowledgeable with
regard to the needs of older persons;
12) Authorize pay only for necessary transportation costs of eligible individuals which may be
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Incurred in project-related activities under this Subgrant in accordance with the Federal
regulations governing OM Title V activities;
13) To the extent feasible, serve the needs of minorities, handicapped individuals, individuals
who are members of Indian or Alaskan entities, Hawaiian natives, and limited English-
speaking individuals in proportion to their numbers in the SUBGRANTEE'S geographic
jurisdiction and take into consideration their rates of poverty and unemployment.
14) Authorize funds to be used, to the extent feasible, to include individuals participating in the
project under a State unemployment insurance plan;
15) Make available to each participant a written explanation of allowable and unallowable
political activities under Chapter 15 of Title V of the U.S. Code. The project shall post such
a notice;
16) Assure that SCSEP positions are distributed in an equitable manner taking into
consideration (1) the proportion which eligible individuals bear to the total number of such
individuals in the geographic area(s) served, and (2) the relative distribution of such
individuals residing in rural and urban areas. The equitable distribution of slots shall be
accomplished in concert with other Sponsors of SCSEP activities;
17) In accord with congressional intent, take steps to strengthen the coordination of program
activities with the private sector and with organizations charged with the operation of
employment projects, particularly with those programs funded under the authority of the Job
Training Partnership Act (JTPA);
18) Make available to each participant materials regarding the Age Discrimination in
Employment Act. Said materials are to be provided to the SUBGRANTEE by the
GRANTEE, upon receipt from the U.S. Department of Labor.
19) Assure that all SCSEP activities are conducted in accord with the provisions of the Drug-
Free Workplace Act of 1988.
20) Assure that the required financial and compliance audits in accordance with the Single Audit
Act of 1984 are performed, if applicable, with copies of said audits being provided to the
GRANTEE.
II. GRANTEE/SUBGRANTEE RELATIONSHIP
A. Legal Authority
The SUBGRANTEE warrants that it is in compliance with all applicable state and Federal
requirements and standards and that it possesses the legal authority pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, giving the
SUBGRANTEE authority to enter into this Subgrant, receive the funds authorized by this
SUbgrant, and to perform the services the SUBGRANTEE has obligated itself to perform
under this Subgrant.
The person or persons signing and executing this Subgrant on behalf of the
SUBGRANTEE, or representing themselves as persons authorized to sign and execute this
Subgrant on behalf of the SUBGRANTEE, do hereby warrant and guarantee that they have
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been fully authorized by the SUBGRANTEE to execute this Subgrant on behalf of the
SUBGRANTEE and to validly and legally bind the SUBGRANTEE to all terms, conditions,
performances and provisions herein set forth.
The GRANTEE shall have the right to temporarily suspend or terminate this Subgrant if
there is a dispute as to the legal authority of either the SUBGRANTEE or the person
executing this Subgrant. The SUBGRANTEE shall be totally liable for return or
, reimbursement to the GRANTEE for all monies received if the Subgrant is suspended or
terminated.
B. Fund Availability
That it is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by GRANTEE of Federal funds
granted by the United States Department of Labor, Employment and Training
Administration; that all monies distributed to SUBGRANTEE hereunder shall be exclusively
from Federal monies received under said Grant, and not from any monies of GRANTEE,
and that if such funds are not timely forthcoming, GRANTEE may, at its sole discretion,
terminate this agreement. The GRANTEE shall not be liable for payment for any work or
services performed by SUBGRANTEE under or in connection with this Subgrant beyond the
effective date of said termination.
If the funds anticipated to be received by GRANTEE, under which this Subgrant is funded,
are suspended or terminated, in whole or in part, funding for this Subgrant will cease.
GRANTEE will within a reasonable time from receipt of such notice provide written
notification to SUBGRANTEE.
Payments under this Subgrant may be suspended or terminated upon refusal of the
SUBGRANTEE to accept any additional conditions that may be imposed by the United
States Department of Labor and/or the GRANTEE at any time.
C. Independent Contractor
SUBGRANTEE shall operate hereunder as an independent contractor, and not as an
officer, agent, or employee of GRANTEE. It is expressly agreed and understood between
the parties hereto, in entering into this agreement, that the GRANTEE shall not be liable to
the SUBGRANTEE for any benefits or coverage as provided by Workers Compensation
Laws, and further anyone employed by the SUBGRANTEE shall not be considered an
employee of the GRANTEE for the purpose of Workers Compensation coverage.
SUBGRANTEE shall have exclusive control of and the exclusive right to control the details
of the work and services performed hereunder, and all persons performing same, and shall
be s61ely responsible for the acts and omissions of its officers, agents, employees,
subcontractors and program participants.
It is expressly understood and agreed that no officer, agent, employee, or subcontractor of
the SUBGRANTEE, is in the paid service of GRANTEE; and that GRANTEE does have the
legal right to insure compliance with the tasks performed hereunder by SUBGRANTEE, its
officers, agents, employees, subcontractors, or program participants. In no event shall any
person employed by the SUBGRANTEE be considered an employee of the GRANTEE.
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D. Third Party Agreements
The SUBGRANTEE shall give advance notification to the GRANTEE of any proposed third
party agreements, including but not limited to consultant contracts, agreements for personal
services, or any subcontract hereunder. The SUBGRANTEE shall obtain the written
consent of the GRANTEE'S SCSEP National Director prior to subcontracting. The
GRANTEE may, at its discretion, specifically approve in writing any of the provisions of a
. . third party agreement or subcontract; however, such approval obtained as required by this
clause shall not be construed to be a determination of the allowability of any cost under the
subcontract. Individual training courses for program participants are subject to the
provisions of the NCOA/SCSEP Procedures Manual regarding approval of participant
training.
E. Indemnification
SUBGRANTEE covenants and agrees to and does hereby indemnify and hold harmless
GRANTEE from and against any and all injury, damage or destruction of property of
GRANTEE arising out of or in connection with all acts or omissions of SUBGRANTEE, its
officers, agents, employees, subcontractors, invitees, licensees, or program participants, or
caused in whole or in part, by presumed negligence of officers, agents, or participants of
SUBGRANTEE.
In the event it is determined that SUBGRANTEE has misused, misapplied or
misappropriated all or any part of these grant funds described herein, SUBGRANTEE
agrees to indemnify, hold harmless and defend GRANTEE and its officers, agents, and
employees, from and against any and all claims or suits resulting from such misuse,
misapplication or misappropriation of such funds.
SUBGRANTEE shall be responsible for indemnifying GRANTEE for any awards, costs, or
penalties, including legal expenses, arising out of SUBGRANTEE'S activities.
F. Miscellaneous Provisions
(1) Personnel and Records Availability
Personnel and records must be available to Authorized Representatives of
GRANTEE, the United States Department of Labor, and the Comptroller General of
the United States.
Such authorized representatives shall, during business hours, have access to, for
inspection and copying: books, records, memoranda, correspondence, personnel
staffing records, tapes or electronic transcriptions, and any other documents.
Authorized representatives have the right to inspect the SUBGRANTEE'S facilities,
monitor and review, through on-site visits, all program activities, personnel, staff,
services, and programmatic and administrative practices, supported with funds
under this Subgrant to ensure compliance with the terms of this Subgrant.
GRANTEE'S staff shall monitor SUBGRANTEE, through on-site visits and program
data, all Subgrant activities, services, administrative and management practices,
funded in whole or in part through this Subgrant. Such monitoring shall be
2001 Subgrant Agreement
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announced and shall be accomplished by data collection through comprehensive
on-site review of SUBGRANTEE'S records, interviews with administrative/program
staff and participants, and by the examination of training sites and conditions.
SUBGRANTEE must make available for review and duplication, at SUBGRANTEE's
cost, all records required for this monitoring process.
(2) Conflict of Interest
SUBGRANTEE shall establish safeguards to prohibit persons funded in whole or in
part by this agreement from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
(3) Lobbying
SUBGRANTEE will not attempt to influence any member of Congress, State or local
legislator to favor or oppose any legislation or appropriation with respect to this
agreement.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
By accepting this subgrant, the signer hereby certifies, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or Member of
Congress, or any employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant,
loan or cooperative agreement.
No part of any appropriation contained in this Act shall be used, other than for
normal and recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation designed to support or
defeat legislation pending before the Congress, except in presentation to the
Congress itself.
No part of any appropriation contained in this Act shall be used to pay the salary or
expenses of any grant or contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or appropriation pending
before the Congress.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit
2001 Subgrant Agreement
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Standard Form - LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions.
The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $/00,000 for
each such failure.
(4) Debarment, Suspension and Other Responsibility Matters
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this subgrant had one or more
public transactions (Federal, State or local) terminated for cause or default.
(5) Scope of Agreement
That this written instrument, including all Exhibits attached to and incorporated
herein, constitutes the entire agreement by the parties hereto concerning the work
and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement which varies from the terms hereof shall be void.
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That the provisions of this agreement are severable and if for any reason a clause,
sentence, paragraph or other part of this agreement shall be determined to be
invalid by a court, federal agency, board or commission having jurisdiction over the
subject matter thereof, such invalidity shall not affect other provisions which can be
given effect without the invalid provision. Provided, however, that GRANTEE retains
the right to revoke this AGREEMENT in its entirety, at GRANTEE'S discretion, in the
event of non-compliance by SUBGRANTEE or if GRANTEE has a reasonable basis
for believing the SUBGRANTEE is not or will not be carrying out the project as
specified herein and according to GRANTEE's Program directives and applicable
state and Federal law.
III. GENERAL ADMINISTRATIVE PROVISIONS
A. Period of Performance
That the term of this Subgrant shall be for the dates specified on page 1 of this agreement,
unless amended as described in Article III, Clause I.
B. Total Funds Awarded
That it is understood and agreed that in no event shall the total distribution of federal grant
funds made by GRANTEE to SUBGRANTEE during the term of the Subgrant exceed the
specific amount agreed upon and set forth on page 1 of this agreement, unless amended as
described in Article III, Clause I.
That it is further understood and agreed that the GRANTEE will pay not more than 90
percent of the cost of any project, and that the non-federal share may be cash and/or in-
kind contributions.
c. Subgrant Identification
The SUBGRANTEE agrees to utilize the Subgrant Number on all correspondence,
communication, reports, vouchers, invoices, publications, and all data concerning this
Subgrant as delivered hereunder.
In the event the SUBGRANTEE makes any public announcements, written or oral,
publicizes or furnishes information on/or concerning activities under this Subgrant, such
item or activity shall include information that the project is funded by a Subgrant with The
National Council on the Aging, Inc., with funding provided by the United States Department
of Labor.
The SUBGRANTEE shall when issuing statements, press releases, requests for proposals,
bid solicitations, and other documents describing projects or programs funded in whole or in
part by this subgrant, clearly state that the project will be financed with Federal money, and
the dollar amount of Federal funds for the project or program.
The SUBGRANTEE further agrees to utilize, on all stationery and correspondence and
other appropriate materials, the NCOA/SCSEP program identification logo provided by the
GRANTEE. Said logo identifies the SUBGRANTEE's SCSEP activities as being funded in
whole or in part by the GRANTEE.
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D. Compliance with Applicable Laws, Regulations and Guidelines
(1) General Compliance
That the SUBGRANTEE, its officers, agents, employees and subcontractors, shall
abide by and comply with all laws, federal, state and local, and all rules and
regulations of GRANTEE. It is further agreed and understood that as GRANTEE
calls to the attention of SUBGRANTEE any such violation on the part of
SUBGRANTEE or program participants, the SUBGRANTEE shall immediately desist
from and correct such violation.
(2) Laws and Regulations Incorporated by Reference
The provisions of the following Acts, and applicable regulations made pursuant to
said Acts, and other listed directives, are hereby incorporated by reference.
All changes in said Acts, regulations, and directives are automatically incorporated
into this Subgrant.
a. Older Americans Community Service Act, Title V, as amended by the Older
Americans Act Amendments of""1992.
b. Federal regulations governing Title V operations as published in the Federal
Register of May 17, 1995 at 20 CFR Part 641.
c. Contract Work Hours and Safety Standards Act (40 USC 327-332).
d. Office of Management and Budget (OMB) Circulars.
e. Audit Requirements at 29 CFR Part 96.
f. Debarment and Suspension Regulations (including the requirements for a
drug-free workplace) at 29 CFR Part 98.
g. Administrative Regulations, at 29 CFR Part 95 and/or 29 CFR Part 97.
h. NCOA/SCSEP Policy and Procedures Manual.
I. Equal Employment Opportunity Directives.
J. Title VI of the Civil Rights Act of 1964 (PL 88-352).
k. Uniform Relocation and Assistance and Real Property Acquisitions Act of
1970 (PL 91-646).
I. Title IX of the Education Amendments of 1972, as amended.
m. Section 504 of the Rehabilitation Act of 1973, as amended.
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n. The Age Discrimination in Employment Act of 1975, as amended.
o. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended.
p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended.
q. Lobbying Restrictions at 29 CFR Part 93.
(3) Participant Benefits
The SUBGRANTEE agrees to provide all program participants with participant
benefits as required by state and Federal law and, in addition, as directed by the
GRANTEE. Failure to comply with this paragraph shall constitute grounds for
revocation of this AGREEMENT. SUBGRANTEE agrees to indemnify GRANTEE
for any costs, awards, penalties or associated expenses, including legal fees,
incurred by the GRANTEE, arising out of SUBGRANTEE'S participant benefit
policies.
E. Funding Obligations and Payments
That in consideration of full and satisfactory performance hereunder, GRANTEE shall be
liable to SUBGRANTEE for the actual costs incurred by SUBGRANTEE for performance
rendered, subject to the following limitations:
GRANTEE shall not be liable to the SUBGRANTEE for any costs in excess of the approved
amount.
GRANTEE shall not be liable to the SUBGRANTEE for expenditures made in violation of
regulations promulgated under the Older Americans Act, violation of the regulations found
at 29 CFR Part 95 or Part 97 and Office of Management and Budget Circulars A-87 or A-
122, or in violation of any other regulations and/or management circulars promulgated
under the Act or other applicable statute or regulation.
GRANTEE may, at its sole discretion, make an initial advance to SUBGRANTEE before
insured or collateralized bank account(s) have been established. No further advances shall
be made until GRANTEE has received proof from SUBGRANTEE that such bank accounts
have been insured or collateralized in accordance with 12 U.S.C. 1821 (Supplement 176-
1977).
SUBGRANTEE shall minimize the time period between the transfer of cash from GRANTEE
to SUBGRANTEE and the disbursement of funds in accordance with the Act, regulations,
management circulars and GRANTEE directives. Advance funds requests are required to
be limited to the minimum amounts necessary for immediate disbursement needs by the
SUBGRANTEE for project expenditures. Maximum cash on hand, at any given time, shall
not exceed three (3) calendar days of planned expenditures.
Payments under this Subgrant are conditioned in their entirety upon SUBGRANTEE'S full
and satisfactory performance of its obligations under this Subgrant.
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It is expressly understood and agreed by the parties hereto that if SUBGRANTEE fails to
submit to the GRANTEE in a timely and satisfactory manner any report required by this
Subgrant, GRANTEE may, at its option and in its discretion, withhold any or all payments
otherwise due SUBGRANTEE hereunder. GRANTEE may withhold payments until such
time as del.inquent obligations are fulfilled by SUBGRANTEE.
. . The GRANTEE may withhold from payment to the SUBGRANTEE, direct administrative
costs and the indirect costs invoiced for under this Subgrant for failure to submit required
reports accurately and timely. Amounts withheld will be released upon submission of
satisfactory reports.
If prior approval has been provided by the GRANTEE, an advance payment to the
SUBGRANTEE may be made for exceptional circumstances.
F. Interest-Bearing Bank Account
SUBGRANTEES (except for States) that are on an advance payment system are required
to maintain the advances received from the GRANTEE in an Interest-Bearing Bank
Account.
Interest earned in excess of $100 during the subgrant period is required to be remitted to
the GRANTEE.
The funds in the Interest-Bearing Bank Account may be withdrawn by the SUBGRANTEE
solely for the purposes of making payments for items of allowable costs within the terms of
this Subgrant, or to reimburse the GRANTEE in accordance with closeout procedures.
Authorized representatives of the GRANTEE shall have access to the books and records
maintained by the Bank with respect to such Interest-Bearing Bank Account at all
reasonable times and for all reasonable purposes, including, but not limited to, the
inspection or copying of such books and records and any and all memoranda, checks,
correspondence, or other documents pertaining thereto.
G. Program Income
All records and accounts of program income are to be maintained and reported in
accordance with the financial management requirements contained in 29 CFR Part 95.
Money generated by any income-producing activity under this Subgrant shall be applied to
the cost of the activity, and reimbursement under this Subgrant reduced accordingly by the
GRANTEE. Use of program income for other allowable Title V activities requires the written
approval of the GRANTEE'S SCSEP National Director.
H. Use of Federal Funds
Federal Funds received as a result of this Subgrant may be expended only for purposes
permitted under the provisions of the Act, and within the authorized amount and time frame
prescribed in writing by the GRANTEE.
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I. Subgrant Modifications and Changes
(1) Time Limitations
That except as otherwise provided herein, any alterations, additions, or deletions to
the terms of this Subgrant shall be by modification hereto in writing and executed by
both parties to this Subgrant. The duly authorized representative of the GRANTEE
and an authorized agent of the SUBGRANTEE as specified must sign any
modification pursuant to this Clause in Subgrant Article II.
If the SUBGRANTEE is directed to make any changes whatsoever by any person
other than the GRANTEE'S SCSEP National Director, or his duly authorized
representatives, which they feel will change the period of performance, require
additional effort, affect the cost of the Subgrant or change any other terms and
conditions, the SUBGRANTEE shall immediately make a written request to the
GRANTEE'S SCSEP National Director, the NCOA Vice President for Workforce
Development, for official approval to proceed. The SUBGRANTEE is cautioned that
any changes prior to official GRANTEE SCSEP National Director's written approval
shall be at SUBGRANTEE'S own risk.
(2) Line Item Transfers
The flexibility of federal fund transfers within the Subgrant budget will be allowed
provided that:
(a) The total federal funds awarded for this Subgrant are not exceeded;
(b) The administrative portion of the budget is not increased; and
(c) No single cost category is increased or decreased by more than 5 percent of
its budgeted amount.
(3) Other Modifications
Prior approval, through formal modification of this agreement, is required for:
(a) A net increase or decrease from the approved enrollment level exceeding 10
percent.
(b) Any significant changes in the scope of the project.
(c) The transfer of Federal funds allocated for participant wages and fringe
benefits to other categories of expense.
(d) The addition of any cost items requiring approval in accordance with the
provisions of Office of Management and Budget Circulars A-87 and A-122.
(4) Changes
That any alterations, additions, or deletions to the terms of this Subgrant which are
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required by changes in Federal laws, and by Federal Regulations promulgated
pursuant thereto are automatically incorporated into this agreement on the date
designated by law or regulation.
The parties hereto expressly agree that GRANTEE shall have the right to make
unilateral amendments to this Subgrant necessary to assure conformity to federal
law, availability of funds, and regulations by the issuance of written Notification of
Change duly signed by the GRANTEE'S SCSEP National Director. If such changes
cause an increase or decrease in the cost of performance of this Subgrant or in the
time required for performance, an equitable adjustment shall be made in the amount
of funds obligated and the Subgrant shall be modified in writing accordingly. If
SUBGRANTEE cannot conform to a Notification of Change, it shall notify GRANTEE
of such, in writing, within five (5) working days of receipt of such Notification of
Change.
Failure to agree on any adjustment shall be a "Dispute" concerning a fact within the
meaning of this Subgrant and shall be submitted through GRANTEE'S normal
channels for resolution. However, nothing in this clause shall excuse the
SUBGRANTEE from proceeding with the agreement as changed, until final
resolution.
If SUBGRANTEE cannot conform to the changes required by Laws, Federal
Regulations promulgated pursuant thereto, GRANTEE Directives or Management
Circulars, then SUBGRANTEE shall notify the GRANTEE in writing within 30 days of
promulgation. GRANTEE may then establish procedures for the suspension or
termination of SUBGRANTEE'S programs, if appropriate, until such time as the
"Dispute" is finally resolved.
J. Subgrant Termination
That the performance of work under the Subgrant may be terminated by the GRANTEE in
accordance with this Clause in whole or in part:
(1) Termination for Cause
The GRANTEE or the SUBGRANTEE may terminate this Subgrant when it has
been determined that the other party has failed to provide any of the services
specified, or failed to comply with any Federal requirement or provisions contained
within this Subgrant. If the SUBGRANTEE fails to perform in whole or in part the
terms of this Subgrant or fails to make sufficient progress so as to endanger
performance, the GRANTEE will notify the SUBGRANTEE of such unsatisfactory
performance in writing. The SUBGRANTEE has ten (10) working days in which to
respond with a written plan acceptable to the GRANTEE for correction of
deficiencies. If the SUBGRANTEE does not respond within the appointed time with
appropriate plans, the GRANTEE shall serve a Notice of Termination on the
SUBGRANTEE which will become effective within thirty (30) days after receipt. In
the event of termination, the GRANTEE shall be liable for payment only for services
prior to the effective date of the termination, provided that such services are in
accordance with the provisions of this Subgrant and are allowable costs as specified
in the regulations.
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(2) Termination for Convenience
Either the GRANTEE or SUBGRANTEE may request a termination for convenience.
Either party shall give a thirty (30) day advance notice, in writing, of the effective
date of such a termination. The SUBGRANTEE shall be entitled to receive just and
equitable compensation for any allowable services satisfactorily performed
hereunder through the date of termination.
(3) Notice of Termination
Whenever for any reason the GRANTEE shall determine that such termination is
necessary for the GRANTEE, any such termination shall be effective by delivery to
the SUBGRANTEE of a Notice of Termination specifying whether termination is for
cause or for the convenience of the GRANTEE, the extent to which performance of
work under the Subgrant is terminated, and the date upon which such termination
becomes effective. Upon such termination of this Subgrant, the GRANTEE will
determine the amount due the SUBGRANTEE, or otherwise, such sum will in no
event exceed the face value of this Subgrant.
In the event of a partial termination, the portion of the fee which is payable with
respect to the work under the continued portion of the Subgrant shall be equitably
adjusted by agreement between the SUBGRANTEE and the GRANTEE, and such
adjustment shall be evidenced by a modification to this AGREEMENT.
K. Closeout Procedures
The SUBGRANTEE will submit subgrant closeout data no later than 45 days after the
expiration of this agreement. Guidelines for completion of the closeout package are
contained in the NCOA-SCSEP Procedures Manual.
A SUBGRANTEE who is delinquent in submitting a refund check may be prohibited from
entering into a Subgrant for the fiscal year following the Subgrant closeout period, and/or
payments under an existing subgrant may be suspended.
IV. FINANCIAL MANAGEMENT PROVISIONS
A. Accounting System
The SUBGRANTEE will maintain complete and accurate records justifying all actual and
accrued expenditures, leaving a clear audit trail to the point of origin. Costs shall be
segregated, as directed within the framework of this Subgrant. Also, an accrual reporting
system shall be implemented and maintained, and utilized for monthly reporting of program
expenditures.
That in the event that GRANTEE determines that the record-keeping system of
SUBGRANTEE does not comply with Federal guidelines, an accounting firm may do
financial accounting approved by GRANTEE. The Cost shall be deducted monthly from the
funds allocated to SUBGRANTEE.
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SUBGRANTEE shall retain on file written evidence to support all expenditures accrued, on
a monthly basis, and report such expenditures to GRANTEE. SUBGRANTEE shall
maintain accounts in such a way that they are traceable to source documentation of unit
transactions. Source documents will be maintained for all transactions.
SUBGRANTEE shall insure that GRANTEE, the Comptroller General of the United States,
the U.S. Department of Labor, or any of their authorized agents have the right of access for
. .examination and reproduction of any books, accounts or records of SUBGRANTEE
and its subcontractor(s), and shall maintain such right of access as a condition of any
subcontract award. This access shall include records of program income, and cost
allocation plans.
The SUBGRANTEE assures and certifies that it has complied with the requirements of
Federal, state and local laws regarding the obtaining of employer identification/account
numbers and the collection, payment, deposit, and reporting of federal, state and local
taxes. In addition to certifying compliance for all prior subgrants with the GRANTEE, if
applicable, the SUBGRANTEE further assures continuing compliance throughout the period
covered by this Subgrant.
B. Bonding
That SUBGRANTEE shall, before an advance or any payment or compensation is made
under this Subgrant, furnish proof to the GRANTEE that it has a fidelity bond covering all
officers and employees of the SUBGRANTEE who are responsible for the receipt, custody
and disbursement of program assets. Such a fidelity bond shall be conditioned that the
surety executing such bond agrees to indemnify the SUBGRANTEE and ultimately the
GRANTEE as appropriate, against any direct loss of money or other personal property, for
which the SUBGRANTEE is legally responsible under the terms of this Subgrant. Such
bond shall be in an amount equal to one-half of one month's budgeted costs but no less
than TWENTY-FIVE THOUSAND DOLLARS ($25,000). Such bond must remain in force
throughout the entire period covered by this agreement, and advance written notice of thirty
(30) days shall be given to GRANTEE of any intent to cancel such fidelity bond by either the
SUBGRANTEE or the surety.
C. Equipment
(1) Purchase and Maintenance of Equipment
The purchase of all nonexpendable personal property requires prior written approval
by the GRANTEE. The execution of this Subgrant, inclusive of all exhibits, does not
constitute prior approval. No purchases of equipment shall be allowed during
the last quarter of the Subgrant period.
SUBGRANTEE shall follow the provisions of 29 CFR Part 95 for all purchases of
property with Subgrant funds. However, should the SUBGRANTEE have, or the
GRANTEE issue, a more restrictive policy, then the most restrictive policy shall
apply.
The titles to all property purchased with Subgrant funds remain vested in the
GRANTEE. The GRANTEE may take possession of all such property upon
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termination of the Subgrant, or on evidence that property's utilization is not
consistent with the Subgrant.
SUBGRANTEE shall maintain an up-to-date inventory of all Subgrant property in its
custody, and shall maintain the property in good condition. This includes property
currently on hand from previous subgrants/contracts with the GRANTEE, surplus
government property utilized for the Subgrant, and all new purchases under this
Subgrant. SUBGRANTEE shall submit inventory as part of the closeout package
referenced at Article III, Clause K.
This clause is applicable to all office furnishings and equipment, tools, and materials
used in training and services activities.
(2) Lease, Rental and Lease-Purchase/Property Improvements
The GRANTEE reserves the right of reviewing and approving all applicable lease,
rental and lease/purchase agreements of the SUBGRANTEE. SUBGRANTEE shall
maintain and make available to the GRANTEE copies of all documents relative to
bids, quotations and offers related to the agreements. Lease, rental and
lease/purchase agreements may be reviewed for a fair and reasonable cost analysis
prior to approval.
Any remodeling and rehabilitation must be reviewed by the GRANTEE and written
approval provided by the GRANTEE prior to the SUBGRANTEE expending funds
from this Subgrant.
Funds from this Subgrant are prohibited from use for capital improvements on
privately owned property.
D. Indirect Costs
That SUBGRANTEE will not be reimbursed for any indirect cost incurred in performance
under this Subgrant unless SUBGRANTEE has a current Indirect Cost Negotiated
Agreement, fully executed by a cognizant Federal Agency, and been given prior written
approval by GRANTEE.
E. Insurance
That SUBGRANTEE shall procure and thereafter maintain all private and public insurance
coverage required by Federal, State and local law, and as detailed in the NCOA-SCSEP
Procedures Manual.
F. Audits
As required by Department of Labor regulations (29 CFR Part 96), recipients of Department
of Labor grants are required to obtain annual organization-wide audits. SUBGRANTEES
who are States, Local Governments, or Indian Tribes are required to have the audits
performed in accordance with Office of Management and Budget (OMB) Circular A-128,
"Uniform Audit Requirements for State and Local Governments."
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SUBGRANTEES who are colleges and universities, and other non-profit organizations are
required to have the audit performed in accordance with the requirements contained in
OMB Circular A-133.
The audits should be made annually, but must be made at least biennially. Audits
conducted biennially shall cover both years within the biennial period. OMB Circular A-133
provides detailed guidance on the conduct of organization-wide audits. Colleges and
. . universities, and other nonprofit organizations are required to follow this guidance in the
conduct of the audits.
Costs of organization-wide audits may be reimbursed if funds are provided for the audit in
the administrative expense category of the approved subgrant budget.
The SUBGRANTEE is required to submit copies of the audit reports to the GRANTEE when
they are completed, along with the SUBGRANTEE's responses to recommendations or
findings that pertain to the subgrant and the repayment of any audit exceptions for
improperly spent subgrant funds.
Audits of this Subgrant will be performed by the GRANTEE (including a representative of
the U.S. Department of Labor or others, if applicable), and findings of such audits thereof
will be provided to the SUBGRANTEE.
All books of accounts, ledgers, supporting records and worksheets pertaining to the
financial records of the subgrant shall be retained for a period of three (3) years from the
final closeout date of the GRANTEE'S prime grant. Records shall be retained beyond the
3-year period if audit findings have not been resolved, or if requested by GRANTEE.
In the event of disallowance or audit exception by the GRANTEE, including any exception
resulting from a U.S. Department of Labor audit, of any expenditure which it considers to be
an item not properly allocable to the work, or reimbursable under this Subgrant, the
GRANTEE shall notify the SUBGRANTEE in writing of the disallowance, giving full
particulars and reasons for disallowance. In the event the SUBGRANTEE concurs, the
amount disallowed may be withheld by the GRANTEE from the next advance, if any; or if
there is no next advance, the SUBGRANTEE shall make payment to the GRANTEE. In the
event the SUBGRANTEE does not concur with a disallowance or audit exception, the
matter may be referred to the appropriate official of the U.S. Department of Labor for
review, after the GRANTEE'S Audit Resolution procedures have been exhausted.
Notwithstanding any other provision of law or this AGREEMENT, the SUBGRANTEE shall
indemnify and/or reimburse GRANTEE for any disallowances or exceptions, and for any
associated or consequential costs thereof, resulting from a DOL audit or otherwise.
v. PROGRAM MANAGEMENT PROVISIONS
A. Policies and Records
(1) Personnel Policies
The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of
its approved personnel policies, for both staff and participants.
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(2) Travel
The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of
its approved travel policies, which apply to staff and program participants. Travel
costs must be consistent with policies and procedures that apply uniformly to both
federally financed and other activities of the SUBGRANTEE. Detailed travel records
must be kept in order to substantiate travel charges made in connection with
subgrant activities.
All travel outside of the SUBGRANTEE'S jurisdiction must be approved, in writing,
by the GRANTEE. The reimbursement rate for local travel shall not exceed the
Federally authorized rate as communicated to the SUBGRANTEE by the
GRANTEE.
(3) Accessibility to Personnel and Records
In addition to the requirements imposed elsewhere in this Subgrant, SUBGRANTEE
shall insure that sufficient, auditable, and otherwise adequate records are
maintained which support the expenditure of all funds received through this
Subgrant. Such records shall be sufficient to allow the U.S. Department of Labor
and GRANTEE to audit and monitor SUBGRANTEE, and shall include the
maintenance of management information system (MIS) records in accordance with
the required GRANTEE MIS system.
The SUBGRANTEE shall comply with all requirements imposed by law and the
GRANTEE regarding the maintenance of a record of each individual's participation
in the SCSEP, including dates of entry and termination, and services provided. All
non-active participant and program records shall be maintained for a minimum three
(3) year period following closeout of the GRANTEE'S OM Title V prime grant. If,
prior to the expiration of the three (3) year retention period, any litigation or audit is
begun or a claim is instituted involving the agreement covered by the records, the
SUBGRANTEE shall retain the records beyond the three (3) year period until the
litigation, audit finding, or claim has been finally resolved. GRANTEE will formally
notify the SUBGRANTEE of the expiration of each subgrant retention period.
Disposal of records, without GRANTEE approval, is at the SUBGRANTEE'S risk.
B. Program Staff
The SUBGRANTEE shall designate a Project Director to be responsible for administration
of the SCSEP. Appointment shall be subject to consultation with GRANTEE. Other staff
necessary to administer, manage and/or operate this subgrant shall be program participants
whenever feasible, and project staffing arrangements shall be subject to approval by the
GRANTEE.
GRANTEE shall be provided advance notification, of at least 10 days, of any proposed
changes in project administrative personnel and/or staffing arrangements.
C. Advisory Council
SUBGRANTEE agrees to develop a mechanism for securing the largest and broadest
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possible community support for the project, such as an Advisory Council. The Advisory
Council is to provide advice, assistance and support, while not functioning as a program
policy-making body. The Advisory Council may be a committee or sub-committee of a
larger aging, employment, or human services program council. Membership should
include, but not be limited to, participants, professional persons who are specialists in the
field of aging, employment and human services programs, local labor leadership and
representatives of private industry. A listing of the membership shall be submitted to the
. . GRANTEE as part of the renewal of this subgrant, and whenever changes are made in
committee representatives.
VI. REPORTING REQUIREMENTS
A. Financial Reports
The SUBGRANTEE shall deliver to GRANTEE'S Finance Department, a monthly financial
report of its expenditure of funds received under this Subgrant. The report must have
original signatures, and must be received by the 15th day of the month following the
reporting period. The GRANTEE, at its discretion, may require SUBGRANTEE to submit an
additional statement each month that will reflect the following:
(a) Purpose of each expenditure;
(b) Payee of each expenditure;
(c) Amount of each expenditure; and
(d) Name of person requesting each expenditure.
A copy of the Monthly Financial Report (MFR), and all attachments, shall be submitted to
the designated NCOA Regional Manager.
B. Management Information System (MIS) Reports
The SUBGRANTEE shall submit properly certified participant tracking reports to the
GRANTEE. These reports shall be submitted in the format and within the time frame
prescribed by the GRANTEE. The reports shall include but not be limited to, information on
enrollment, activity change and termination of participants. The NCOA-SCSEP
Procedures Manual provides a full description of all required reports, due dates, and
persons to whom copies are distributed.
c. Other Reports
The SUBGRANTEE shall prepare in accordance with written directives those documents as
specified by the GRANTEE to enable the GRANTEE to summarize and report the status of
the program as set forth in this Subgrant and as required by the Department of Labor, other
Federal agencies, and the GRANTEE. This data, along with other reports will be used to
determine the performance of this Subgrant as set forth herein.
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VII. PERFORMANCE
A. Performance Standards
The SUBGRANTEE shall have adequate administrative and accounting controls, personnel
standards,.evaluation programs and other policies as may be necessary to promote the
effective use of funds and to comply with Title V regulations.
Performance by the SUBGRANTEE shall be measured monthly, by the GRANTEE, on a
cumulative basis against goals and standards specified in this AGREEMENT and
incorporated by reference. The performance standards for program activities under this
Subgrant, as outlined in the Program Narrative, shall also be monitored. It will be the
responsibility of the SUBGRANTEE to determine the nature, extent and cause of
performance below relevant goals.
B. Program and Financial Goals
GRANTEE will review and analyze, at least monthly, all reports submitted pursuant to
provisions for program and financial goals set forth in this Subgrant. The GRANTEE
reserves the right to require replanning or other appropriate action that may include the
unilateral deobligation of funds.
The SUBGRANTEE will be expected to perform according to monthly financial plans, as
stipulated in the Budget; however, appropriate procedures must be initiated to assure that
the total subgrant is not over-expended. The unsubsidized placement goal is stipulated on
page 1 of this AGREEMENT, and progress toward achieving it shall be reviewed on a
monthly basis.
Participant service plans, as stipulated in the narrative/workplan, shall be continuously
reviewed to determine that goals are being met.
C. Evaluation
The frequency, format, accuracy and time of submission of required MIS and financial
reports and invoices shall conform to instructions published by the GRANTEE. The
submission of delinquent or faulty data will be recorded and such occurrences shall result in
an adverse effect upon the evaluation of the overall performance of the SUBGRANTEE,
and may result in the suspension or termination of the Subgrant.
The submission of reports shall not be the only criterion by which the SUBGRANTEE is
evaluated. Total performance within the scope of this Subgrant, Title V of the Older
Americans Act and regulations, other applicable laws and regulations, and GRANTEE
Directives, will all affect the evaluation of the Subgrant.
VIII. MISCELLANEOUS
All documents, records, reports, forms, or any other material maintained, completed, or
submitted by the SUBGRANTEE in connection with the performance of the work, as well as any
equipment, furniture, other tangible property (if any) acquired with funds provided or reimbursed
by the GRANTEE, shall be the exclusive property of the GRANTEE and shall be delivered to the
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GRANTEE at the termination date or earlier termination of this Subgrant, or upon request
therefor.
All rights of copyright, reproduction, and disposal of the material gathered by the
SUBGRANTEE, including but not limited to the aforesaid documents, reports, and forms, shall
belong exclusively to the GRANTEE, with the exception that the SUBGRANTEE is authorized to
make and retain for its official records, copies of documents and reports provided to the
GRANTEE.
No publication or dissemination of any kind shall be made of material, reports, or results of this
SCSEP by SUBGRANTEE without the prior consent of the GRANTEE, with the exception that
the SUBGRANTEE may provide normal public information concerning the program, its purpose,
and requirements for enrollment. The SUBGRANTEE may publish statistical data concerning
participation and progress of the program.
It is understood and agreed that this AGREEMENT incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings applicable to the
matters contained herein, and the parties agree that there are not commitments, agreements, or
understandings concerning the subject matter of this AGREEMENT that are not contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether written or oral; it is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
To provide services as set forth in the Subgrant Narrative, the SUBGRANTEE shall continuously
manage and operate this Subgrant at the administrative office noted on Page 1 of this
agreement, and the administrative and operational offices listed in Exhibit C.
IX. AUTHORITY TO EXECUTE
Each of the parties hereto covenant to the other party that it has lawful authority to enter into this
AGREEMENT and has authorized the execution of this AGREEMENT by the party's authorized
representative. This AGREEMENT shall be effective upon execution by both parties.
2001 Subgranl Agreement
03-23-01
22 of 26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 6/20/01
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval to extend URS Corporation General Consulting Agreement on a month to month
basis, pending Request for Qualifications, and new contract.
ITEM BACKGROUND: URS General Consulting Agreement will expire June 30, 2001. General Consulting Services are
paid under a 50% Florida Department of Transportation Planning Studies Grant
PREVIOUS RELEVANT BOCC ACTION. Approval of current General Consulting Agreement, August 13,1996.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: $6,500.00 per month
COST TO AIRPORT: $3,250.00 per month
COST TO PFC: None
COST TO COUNTY: None
BUDGETED: Yes
REVENUE PRODUCING: No
AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney N/A
OMS/Purchasing N/A
Risk Management N/A
KEY WEST AIRPORT DIRECTOR APPROVAL
~H
Peter J. Horton
DOCUMENTATION: Included V
To Follow
Not Required
AGENDA ITEM #
,.(w
DISPOSITION:
/bey
APB
Projcc:t No. C'02'20.XX
Greiner
AGREEMENT
This is an agreement made as of Julv I . 19 ..2L between Monroe Countv. a ooliticalsubdivision
or the State of Florida. actimr bv ~ throul!b its Board ofCountv commissioncn
which is a
and Greiner. Inc.
which is a Corporation ((hereinafter called Greiner).
or Miami. Florida
(hereinafter called the Client).
I. Client and Greiner, for the mutual considcratiOlll hereinafter set forth agree that the _ scrvica for the _ project shall conform to Ittached Exhibit A:
Scope and Schedule.
II. Client agrees to pay Greiner as COlllpCnIation for its scrvica as follows:
Paymem will be based on indivWal PurcIJase Service Orders (PSOs) issued for each assignment, and which will be individually priced as either a Multiple of Direct
Salaries or an agreed Lump Sum as indicated in Exhibit "B'..
(Any lales or ule taxel imposed upon the compensation for scrvica under this Agreement will be added to the invoice amount and payment thcreofwill be the
responsibility of the Client).
Cliert Iha11 reimburse Greiner for the aw COlIt of aIIlrawIof'Clated expenses (including but not limited to meals, lodging. lranIportation, etc.) for project.rel*:d work
accomplished away from Greinen office. Client lhall reimburse Greiner for all other project-related expenses at cost, plus 1 0 ~t ~ce fee for ~mg ~d
Uninistration. Expenses include but shall not be limited to blueprints and reproduction costs, shipping. outside consultants, materials testing. bond prenuums, title
company charges, application fees, permits, survey monuments, computer dwges, toll calls, and 10 fOl1h.
An adwnce pa)'merlt of S shall be made to Greiner before the scrvica on this project are started. The IICIvanced payment shall be credited
to the fmal invoice on the project and shall not act as payment of the interim monthly invoices.
Fees and other charges will be invoiced monthly by Greiner. The amount of each invoice shall be due at the time of billing. When invoica are not paid within 30
days, a late paymc:nt service duIrge will be imposed on II1Y unpaid balance at the rate of U percent compounded monthly (annual rate of 19.'6 percent, or the highest
rate allowable under applicable state law, whichever is lower).
III. The person signing this Agreement Warrants he has authority to sign as, or on behalf of, the Client. If such person does not have such authority, he agrees that he is
personally liable for all breaches of this contract, and that in any action against him for breach oflUCh warranty, a reasonable attorney'l fee shall be included in any
judgement rendered.
IV. When signed by both parties, this A.greerncnt, including the att.acbed Exhibit A, B, C, and D and the Standard Terms and ConditiOlll shown on the bade of this
document, constitutes a fmal \WiUcn expression of all terms of this Agreement and is a complete and exclusive statement of those lenns. Any and all prior
l'epreIel'Utions, promises, warranties, or Ilaternents by Greiner that differ in any way from the terms ofthil written Agreement shall be given no force or effect. The
terms of this Agreement can be modified only in writing which must be signed by both parties.
V. This Agreement is to be governed by the laws of the State of Florida. Venue for any litigation arising under this agrecmcnt must be in a court of competent
jurisdiction in Monroe County, Florida.
VI. In the ew:nt of a conflict between the lams and oonditions of this Agreement (paragraphs 1 thru VI) together with the Standard Terms and ConditiOlll of the Agreement
(paragraphs 1 thru 1~) and Exhibits A. B, C. and D, the terms and conditiOlll of the Exhibits will control.
Agreed to:
Agreed to:
Monroe County Board of Commissioners
(CLIENTS NAME)
-.Greiner. Inc.
(GREINER)
J:N-
. Name (Typed or Printed)
BY ~ ~ , L, >n. fh 1->-.-.::""""
! Authorized Signature
BY:
Authorized Signature
Dale:
Au ust 13 1996
June 7.1996
Trtle:
Ma or/Chairman
iOlll
The undersigned guarantees payment and perfonnance of all obliga i
II1Y prior effort to secure payment or perfonnance from the Client.
the guaranteed terms of the agreement
of this agreement Any action on the guarantee may be brought without
· fees and expenses incurred in any effort to enforce this guarantee or
Guarantor's Name (fyped or Printed)
APPROVED AS TO FORM
..._.. _. ....._.'n AN E t SUF I
B
By:
. ..., ~BPatUre
~IWINL~~ .
't!. :1 J....
( I '" I'. "1
.~',.~lc ({. .Vc)/{(){ ,.J
I8U1YQERK
Date
STANDARD TERMS AND CONDITIONS OF AGREEMENT
I. ADDmONAL SERVICES: Additional services shall include any additional office or field services caused by any changes in the project and/or scope. Any such changes
will be billed at the hourly rates stated herein or, if no such rates are stated. at Greiner's customary hourly billing rates. Without otherwise limiting the s~pe ~fthis p~agraph,
it is specifically agreed that any such additional services caused by policy or procedural changes, governmental agencies, client's legal disputes mcludmg httgatlOn or arbItration,
or any services associated therewith (preparation for depositions, etc.), will be regarded as additional services.
2. OWNERSHIP OF I:XJCUMENTS: All ~ specifications, computations, survey notes and other original documents, considered as instruments of service, are and
sha11 remain the property of Greiner unless otherwise provided by law. Client shall not use such items on other projects without Greiner's prior Mitten consent Greiner is under
no obligalton to retain said documents beyond the completion of the project and may discard them at Greiner's sole discretion.
3. LIMITATIONS ON COST ESTIMATES: Because Greiner has no control over the cost oflabar, materials, equipment, or services furnished by others, or over any
methods used by the Conwuction ConIraaor(s) to determine pric:cs, or over competitive bidding or market conditions, Greiner's opinions of probable project costs and construction
costs provided for herein will be made on the basis of Greiner's experience and qualifications and represent Greiner's best judgement as an experienced and qualified professional
finn, familiar with the constnJction industry. However, Greiner carmot and does not guarantee that proposals, bids, or actual project costs or construction costs will not vary from
opinions of probable cost prepared by Greiner.
4. APPROVAL OF SERVICES: The services perfonned by Greiner shall be deemed approved and acceptec by Client as and when invoiced unless Client objects within
30 days of the invoice date by Mitten notice specifically stating the details by which Client believes such services are unacceptable.
S. OELA Y: Any delay, defauh, or termination in or of the perfonnance of any obligation of Greiner under this Agreement caused directly or indirectly by strikes; accidents;
ads of God; shortages or unavailability oflabar, materials, power, ortransportation through nonnal commercial channels; failure of Client or Client's agent(s) to furnish infonnation
or to approve or disapprove Greiner's services promptly; late, slow, or faulty perfonnance by Client, other contractors, or governmental agencies, the perfonnance of whose work
ispreccdent to or concurrent with the perfonnance of Greiner's work; or any other acts of the Client or any other federal, state, or local governmental agency or any other cause
beyond Greiner's reasonable cordrol shall suspend the obligations of Greiner as long as performance is delayed or prevented thereby, and the fees due hereunder shall be equitably
adjusted.
6. TERMINATION: In the event Client fails to pay Greiner within 60 days after invoices are rendered. or in the event of any other material breach by the Client, Greiner,
in addition to any other remedies available by law or in equity, shall have the right, at its election, to either terminate this agreement or suspend the services until the default is
cured.
7. INbEMNIFICATION: See Exhibit "0"
8. REPLACEMENT OF SURVEY STAKES: Greiner, ifincluded in Exhibit A of the Agreement, will provide necessary construction stakes. In instances where it is
determined that negligence on the part of the Client or others results in the need for restaking. the cost of such restaking will be billed as an extra to the Client on a time and materials
basis. It will be the Client's responsibility to provide adequate protection of the stakes against his own negligence or the negligence of those working for or with him and against
vandalism by others. If staking is prematurely ordered by the Client or others and construction does not take place, it will also be the Client's responsibility to protect said stakes
until such time as construction takes place.
9. OBSERVATION AND TESTING FOR CONSTRUCTION SAFETI': The observation and testing for construction safety is not included herein.
10. RESTRICTIONS ON USE OF DOCUMENTS: It should be understood that any documents rendered under this agreement will be prepared in accordance with the
agreed scope and will pertain only to the subject project and are prepared for the exclusive use of the Client Use of the reports and data contained therein for other purposes is
at the Client's sole risk and responsibility. The fannal results of Greiner's services will be in hard copy fonn only (reports, drawings, specifications, etc.). Greiner assumes no
responsibility to its Client for data, drawings, or text provided on computer disks or tapes.
II. SHOP DRAWINGS/SAMPLES: Ifincluded in the scope in Exhibit A. Greiner's review and approval will be only for confonnance with design concept of the Project
and for compliance with the information given in the Contract Dowmcnts and shall not extend to means, methods. techniques, sequences or procedures of construction. Approval
of a separate item as such will not indicate approval of the assembly in which the item functions.
12. ST ANOARD OF CARE: Greiner's services will be pcrfonned solely for the exclusive use of the Client and no right or obligation will extend to any third party.
Greiner's services are rendered without any expressed or implied warranty, but will be in full compliance with the general standards exercised by like professionals in the same
locale.
13. HAZARDOUS MATERIALS - ASBESTOS: If potentially hazardous materials or asbestos are encountered, Greiner shall have the right to suspend its services and
the right. by written notice to Client, to terminate the services described in Exhibit A Client shall remain liable for and shall pay all fees and charges incurred under the provisions
of this Agreement through the date of tennination. Greiner's expertise in the area of hazardous materials does not include asbestos detection and evaluation. Greiner will not be
liable to investigate for, or othawise detennine the presence of asbestos. Client hereby represents that it has no cause to suspect the presence of any potentially hazardous materials
or asbestos. To the maximum ex1ent pennitted by law, the Client will indenmifY and defend Greiner and its officers, employees, subconsultants, and agents from all claims,
damages, losses and expcmes including but not limited to direct, indirect or consequential damages and attomey's fees arising out of or relating to the presence of .asbestos or other
hazardous substances on or from the Project.
MONROE COUNTY
~ORTGENERALCONSULTANTAGREEMENT
INDEX OF EXHIBITS
Exhibit "A" - Scope and Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-I
I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-I
II. Length of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-I
III. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-2
IV. Responsibilities of the County .......................................... A-3
V. Subconsultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-4
Exhibit "B" - Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
II. Not-to-Exceed Amount ................................ . . . . . . . . . . . . . . . B-1
III. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
IV. Assignment Fee Determination for each PSO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-3
V. Invoices and Methods of Payment ....................................... B-4
Table I - Current Direct Salary Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-6
Exhibit "c" - Insurance Requirements .......................................... C-I
I. General Insurance Requirements ........................................ C-I
II. General Liability Insurance Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-3
III. Vehicle Liability Insurance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4
IV. Workers' Compensation Insurance Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
V. Professional Liability Insurance Requirements .............................. C-6
Exhibit "D" - Indemnification and Hold Harmless ................................. D-I
Exhibit "E" - Special Conditions .............................................. E-I
Article 1. Title VI Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-I
Article 2. Disadvantaged Business Enterprise (DBE) Assurances ................... _.. E-3
Article 3. Access to Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-4
EXHIBIT ~'A "
SCOPE AND SCHEDULE
L PURPOSE
A. The County requires the support of the Airport General Consultant for a wide range
of engineering, planning, architectural, technical, management, and administrative
services to assist brining to completion as expeditiously as possible numerous projects
for the Monroe County System of Airports, and support the operation, maintenance,
planning and development of such Airports. The work will be done as a series of
Assignments separately authorized by the County.
B. The Airport General Consultant shall function as an extension of the County's
resources by providing qualified technical and professional personnel to perfonn the
duties and responsibilities assigned under the tenns of this Agreement. The Airport
General Consultant shall minimize to the maximum extent possible the county's need
to apply its own resources to Assignments authorized by the County. The County,
at its option, may elect to expand, reduce, or delete the extent of each work element
described in this Scope of Services document, provided such action does not alter the
intent of this Agreement.
IL LENGTH OF SERVICES
A. The tenn of this contractis for a period offive years from July 1, 1996 through June
30, 2001.
B. Services to be provided by the Airport General Consultant will be initiated and
completed as directed by the Monroe County Administrator (hereinafter referred to
as Administrator) or his designee, for each Assignment authorized under this
Agreement.
C. The Administrator shall furnish the Airport General Consultant a Purchase/Service
Order (pSG) outIining the services to be perfonned, and the estimated fees to be paid
for services authorized pursuant to the Scope of Services document attached to the
PSO. No payment for work perfonned shall be made to the Airport General
Consultant until a PSO has been issued (refer to attached Exhibit "B",
Compensation).
A-I
IlL SERVI-CES
The following types of work elements may be assigned under the terms of this Agreement:
A. F ANnOT Funding
· Pre-planning, pre-application development
· Project pre-application forms
· DBE plans
· Coordination with FAA and DOT under AIP and JP A programs
· Submissions for approvals
· Other as appropriate
B. Planning/Programming
· Prepare/update airport master plans
· Perform special planning studies
· Develop CIP program schedules/cost estimates
· Coordinate with airline tenants
· coordinate airspace and zoning on development outside of the airport
· Prepare scope of work and study design for major planning studies
· Update airport layout plans and property maps
· Conduct economic impact studies
· Review/comment on studies conducted by others
C. Conceptual Schematic Project Planning
· Define the project scope
· Evaluate financial and technical feasibility
· Determine functional and design parameters
· Conduct preliminary surveys and geotechnical programs
· Prepare FAA, DOT and other governmental forms, and background justification
· Prepare data, exhibits, maps, cost estimates and preliminary drawings
D. Advisory Services
· Assist staff as required
· Interpret FAA Advisory Circulars (ACs) and Federal Aviation Regulations (FARs)
· Consult on planning, engineering, architectural, environmental, aviation, and other
issues as needed
· Assist in negotiations
· Identify changes in laws and/or regulations and their impact on Monroe County
airports.
E. Design Management/Review
· Assist in contracting for design services
A-2
· Assist with establishment of budgets
· Manage the design consultants
· Review and coordinate design projects of other consultants
· Evaluate design consultants performance
F. Construction Support Services
· Provide general program management
· Provide oversight of consultant work
· Develop and update construction schedules
· Develop and update cash flow schedules
· Coordinate with users and funding agencies
· Coordinate between contractors of different projects
G. Annual Facilities Work Planning
· Conduct annual inspection of facilities
· Assist in developing annual work plan
· Prepare facility maintenance program
· Prepare appropriate fonns and/or conduct airport activity surveys
H. Revenue Bond Funding
· Conduct financial feasibility studies
· Prepare data and exhibits to support bond financing programs
· Issue required certifications
· Monitor project costs for compliance with bond issues and budgets.
IV. RESPONSIBILITIES OF THE COUNTY
The County will furnish, without cost to the Airport General Consultant, the following
services and data in connection with services authorized under tenns of this Agreement:
· Provide all criteria and full infonnation as to the County's requirements for
consultants' and contractors' services including objectives, constraints, budgetary
limitations, and time restraints.
· Furnish all County procedures, standards, and policies applicable to the Services.
· Furnish drawings, specifications, schedules, reports and other information prepared
by and/or for the County by others which are available to the County and which
County considers pertinent to Consultant's responsibilities, as described herein.
V. SUBCONSULTANTS
A-3
Subconsultants and subcontractors will be required from time to time, such as surveyors,
geotechnical and materials testing laboratories, and others as appropriate. Such services shall
be approved in advance by the County.
A-4
EXHIBIT ~'B"
SCOPE AND SCHEDULE
L PURPOSE
This exhibit describes the provisions, limits and method of compensation to be made to the
consultant for services set forth in Exhibit "A". The services are to be provided for the
duration of the work specified in the Consultant Agreement, Exhibit "A".
IL NOT-TO-EXCEED AMOUNT
A. The County agrees to pay the Consultant for the performance of authorized services
described in Exhibit" A".
B. Upon request by the Consultant, the County shall provide the Consultant written
authorization if and when legislative appropriates for each succeeding fiscal year are
made available, such authorization for each succeeding fiscal year to e verified by the
County's Comptroller, indicating availability of funds.
C. The Not-to-Exceed Amount shall compensate the Consultant for all costs (actual
allowable salaries, general overhead, fringe benefits, equipment costs, operational
costs and other expenses) and operating margin (profit and risk) related to services
performed under all authorized Assignments.
D. Changes in the Not-to-Exceed Amount shall require execution of a Supplemental
Agreement. The Consultant shall not be obligated to perform services or incur costs
which would result in exceeding the Not-to-Exceed Amount described herein, nor
shall the County be obligated to reimburse the Consultant for costs or make fee
payments which result in exceeding the Not-to-Exceed Amount described herein
provided said Amount has been funded, except to the extent said Amount is increased
by a Supplemental Agreement.
IlL COMPENSATION
The County agrees to pay the Consultant and the consultant agrees to accept for all services
rendered pursuant to this Agreement, the amounts determined in accordance with this Exhibit.
B-1
A. Compensation Basis
All compensation under this Agreement shall be paid on the basis of: 1) a Multiple of
Direct Salaries and Reimbursement of Actual Expenses Incurred; or 2) an Agreed
Lump Sum; all as set forth hereinafter. These compensation basis are defined as
follows:
B. Non Appropriation
u: after funds have been appropriated and Consultant has commenced services under
this Agreement, the funding shall be reduced or terminated, Consultant shall be given
30 days written notice of the effective date of termination due to lack of funding.
1. Agreed Lump Sum
Under this compensation basis, the Consultant agrees to perform specifically
described services for an agreed fixed dollar amount of compensation in
accordance with a professional service order (PSO) approved by the County.
2. Reimbursement of Expenses Incurred
Under this compensation basis, the consultant is reimbursed for the following
expenses and miscellaneous direct charges, as authorized and approved by the
PSO advanced by the County.
a. Living and traveling expenses of employees and principals when away
from the home office on business directly related to the Services,
which expenses shall not exceed the limits specified in the State of
Florida per diem and expense allowances (FS 112.061).
b. Expenses directly applicable to the Services, such as subconsultants,
soils borings and laboratory charges (if paid by Consultant),
commercial printing and bindings, computer charges, long distance
telephone and similar costs.
c. All expenses, except travel, but including subconsultants as described
in this subarticle shall be marked up 10% to compensate for
administrative costs.
3. Multiple of Direct Salaries
Under this compensation basis, the consultant is compensated for the time of
B-2
personnel engaged directly in performing services under this Agreement. The
compensation to be paid shall consist of the Direct Salaries of such personnel,
as reported to the Director ofIntemal Revenue, plus a multiple of ---L.L times
such Direct Salaries.
a. All payments on the Multiple of Direct Salaries basis shall be subject
however to the limitations and conditions set forth below:
· Maximum payment rate under this Agreement for Multiple
Direct Salaries shall not exceed $ 150.00 per hour
including all multipliers.
b. Personnel directly engaged in performing Services on this payment
basis may include architects, engineers, designers, job captains,
drafters specifications writers, typists, inspectors and surveyors while
engaged in consultation, research and design, preparation or
production drawings, specification and related documents,
construction inspection, surveying and other services pertinent to the
Project Element(s).
c. Should overtime Services by hourly-paid, non-exempt personnel be
necessary, and if said Services are authorized by the County, such
services may be performed at premium pay rates, including time-and-
a-half rates, but the additional multiple of 1.8 shall apply to only
the standard rate. A 1.10 multiple shall apply to the premium pay
portion of the overtime services.
IV. ASSIGNMENT FEE DETERMINATION FOR EACH PSO
The type of Fee (Multiple of Direct Salaries or Agreed Lump Sum) for each PSO shall be
agreed upon by the county and the Consultant prior to issuance of the PSO. Generally,
Multiple of Direct Salaries Fee shall be used for PSOs ofa continuing type and/or having a
difficult scope to define or quantify. An Agreed Lump Sum Fee shall be used for Task
Assignments specific in nature and having a defined scope of services.
For each Multiple of Direct Salaries PSO authorized under this Agreement, an Upset Limit
for compensation shall be established as follows:
A. The County and the consultant will agree as to the type of work elements to be
performed and the estimated manpower effort required for the performance of
authorized services.
B-3
B. -The Upset Limit shall be the estimated man-hour effort at the actual salary rates; plus
a multiple of 1.8 times such direct salaries to cover the costs of administrative
overhead and fringe benefits plus operating margin; plus the cost of negotiated
expenses. Current Direct Salary Rates are shown in Table I at the end of this Exhibit.
When Subconsultant Services are required, the PSO Fee shall include the estimated
subconsultant costs based on estimated units of work and unit rates reviewed and approved
by the County.
The Consultant shall not be obligated to perform services or to incur costs which would result
in exceeding the Upset Limit Fee Amount for each PSO, except to the extent said amount is
increased by a Supplemental PSO.
J.-: INVOICES AND METHODS OF PA YMENT
The Consultant shall submit monthly to the Administrator, four (4) copies of a duly certified
invoice for payments due on account of the portiones) of the Services performed and eligible
for payment under the terms of this Agreement. The format, content and submittal date of
the invoice shall be as specified by the Administrator. The methods and limitations on
payments for the various types of Services and basis for payment, shall be as set forth herein
below:
A. Payments for Services Compensated on the Basis of a Multiple of Direct Salaries
Payments to the Consultant shall be based on the actual salaries-plus-multiplier of
personnel engaged directly in performing those portions of the Services which fall
under this payment basis for the period covered by the invoice of the Consultant.
B. Payments for Services Compensated on the Basis of a Reimbursement of Expenses
Incurred
Payments to the Consultant shall be reimbursement of expenses authorized and
approved by the County ana incurred for the period covered by the invoice of the
Consultant in addition to a 10% markup for handling and administration costs. The
invoices of the Consultant for such charges shall be backed up by appropriate
verifying bills, invoices or statements prepared in accordance with good accounting
practice, and which will be made available upon request.
C. Payment for Services Compensated on the Basis of an Agreed Lump sum
In the event a portion of the Services compensated on this payment basis extends over
B-4
_a period of several months, progress payments may be made to the Consultant. Such
progress payments shall correspond to the total amount of the Agreed Lump Sum for
the applicable Services times the change in percent complete of the Services for the
invoice period as estimated by the consultant and approved by the County.
B-5
TABLE]
FIXED HOURLY RATES FOR PRINCIPALS
Name
Office Manager and Vice President Level
and above, including but not limited to:
Milford A. Reisert
SALARY RATE RANGES FOR EMPLOYEES
Classification
Project Manager
Senior Engineer/Planner/ Architect
Engineer/Planner/ Architect
Senior Technician
Technician
Word Processor
HOURLY RATE FOR EQUIPMENT USE
AutoCAD
8-6
Rate
$40 to 55/hr.
Actual Labor Rate Range
$32 to $45/hr.
$29 to $42/hr.
$16 to $32/hr.
$16 to $27/hr.
$12 to $16/hr.
$ 9 to $ 16/hr.
Maximum Machine Rate
$25/hr.
EXHIBIT C
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction
1/4709.2
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared fonn entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.2
15
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AA1>
oi
. . .
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. . Blanket Contractual Liability
. Personal Injury Liability
. Expanded DefInition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims flIed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLl
~4
.' .
VEHICLE LIABILITY
INSURANCE REQUIRE~fENTS
FOR
CONTRACf
BET\VEEN
MONROE COUNTY, FLORIDA
AND
.,
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Ov.'1led, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
\1-1
81
"TO RKERS , COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
.- .
.,
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
. -
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coyerage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
lfthe Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
88
1996 Edition
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$5,000,000 per Occurrence/$5,000,000 Aggregate
PR04
Administration Instruction
#4709.2
MONROE COU~TY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the Coun1y's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
103
EXHIBIT liD"
.
INDEMNIFICA TION AND HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses, damages
and expenses (including attorney's fees) which arise out of, in connection with, or by reason of
services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as
a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
D-I
EXHIBIT "E"
SPECIAL CONDITIONS
Notwithstanding any other provisions of "Standard Terms and conditions" and of "General Terms
and conditions", the following provisions will apply to this Agreement:
ARTICLE 1. TITLE VI ASSURANCES
During the performance of this Agreement (hereinafter referred to as the contract), Greiner, Inc. For
itself, its assignees and successors in interest (hereinafter referred to in this Article as the "Contractor)
agrees as follows:
1.1 Compliance with Regulations. The Contractor shall comply with the Regulations relative
to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Contract.
1.2 Nondiscrimination. The Contractor, with regard to the work performed by it during the
Contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the Contract covers a program set forth in appendix B of the Regulations.
1.3 Solicitations for Subcontracts, Including Procurements of materials and Equipment In
all solicitations either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the Contractor-of the
contractor's obligations under this Contract and the Regulations relative to nondiscrimination
on the grounds of race, color, or national origin.
1.4 InforltUltion and Reports. The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
E-I
with such Regulations, orders, and instructions. Where any information required of a
Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, he Contractor shall so certify to the sponsor or the FAA, as appropriate, and
shall set forth what efforts it has made to obtain information.
1. 5 Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to--
(a) withholding of payments to the Contractor under the Contract until the Contractor
complies,
and/or
(b) cancellation, termination, or suspension of the Contract, in whole or in part.
1.6 Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or p.rocurement as the sponsor or the FAA
may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Contractor may
request the sponsor to enter into such litigation to protect the interests of the sponsor and,
in addition, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
ARTICLE 2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
2.1 Policy. It is the policy of the Department of Transportation (DOT) that minority business
enterprises as defined in 49 CPR Part 23 shall have the maximum opportunity to participate
in the performance of contracts financed in whole or in part with Federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this
Agreement.
2.2 DBE Obligations. The Contractor agrees to ensure that disadvantaged business enterprises
as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal funds provided under
this Agreement. In this regard, all contractors shall take all necessary and reasonable steps
in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts. Contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance
of DOT-assisted contracts.
E-2
.
ARTICLE 3. ~CCESS TO RECORDS
The FAA, and the Comptroller General of the United States, of their duly authorized representatives
have the authority to have access to, and Greiner, Inc. agrees to permit their access to its books,
records, accounts and other sources of information which are directly pertinent to a specific grant
program, for the purpose of making audits, examinations, excerpts, and transcriptions. Greiner, Inc.
agrees to maintain the records for a period of three years after receiving final payment and all other
pertinent matters are closed. Pursuant to Florida Statues, Ch. 119, all plans tracings, survey notes,
and other documents created for use by Monroe County in performance of services under this
Agreement are public records and subject to disclosure under F.S. Ch. 286.R
E-3
SWORN STATEMENT UNDER SECTION 287. 133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for Airoort General Consultant Services
2. This sworn statement is submitted by Greiner. Inc.
[name of entity submitting worn statement)
whose business address is 5805 Northwest 11th Street. Suite 340
Miami. Florida 33126-2032 and
(if applicable) its Federal Employer Identification Number (FEIN) is 59-2087895
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statemenO
3. My name is Gerardo M. Norooa
[please print name of individual signing)
entity named above is Manager of South Florida Ooerations
and my relationship to the
4. I understand that a "public entity crime" as defmed in Paragraph 287. 133(1)(g), Florida Statutes , means a
violation of any state or federa1law by a person with respect to and directly related to the transaction of business
with any public entity or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation. .
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(1)(b), Florida Statutes. means
a finding of guilt or a com-iction of a public entity crime, with or without an adjudication of guilt, in any federal
or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defmed in Paragraph 287. I 33 (1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management ofan affiliate. The
omtership by one person of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
7. I understand that a "person" as dermed in Paragraph 287.133(1)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,
or which ~therwise transacts or applies to transact busipess with a public entity. The term "person" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (please indicate which statement applies.)
- The entity submitting this sworn statement or one or more of the officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, AND [Please
indicate which additional statement applies.]
There has been a proceeding concerning the conviction before a hearing officer of the State of
Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place
the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.]
The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The fmal
order entered by the hearing officer determined that it was in the public interest to remove the person or
affiliate from the convicted vendor list. [Please attach a copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. [Please describe any action
taken by or pending with the Department of General Services.]
[Signature]
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
[name of individual signing)
who, after fust being sworn by me, affixed hislher signature
in the space provided above on this
day of
. 19
NOTARY PUBLIC
My commission expires:
Form PUR 7068 (Rev. 11/89)