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HomeMy WebLinkAboutexhibit3GRANT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE SOUTH FLORIDA WORKFORCE BOARD, INC. This Grant Agreement made and entered into this _ day of April, 2005, sets forth the understandings of the City of Miami, Florida, hereinafter referred to as the "City" and the South Florida Workforce Board, lnc, hereinafter referred to as the "SFWB, Inc.", relating to the provision of employment services to residents and construction -related employers in the City of Miami. I. PARTIES TO AGREEMENT: SFWB, Inc. shall act as the fiscal agent for the Grant funds received from the City by SFWB, Inc. pursuant to this Agreement. SFWB, Inc. shall provide fiscal and programmatic oversight of the activities set forth in the Statement of Work incorporated herein and attached hereto as Exhibit A. The SFWB, Inc. hereby designates two (2) Service Providers located within the City of Miami to perform the employment services set forth in the Statement of Work, Exhibit A: Miami Downtown One Stop Career Center, operated by SER Jobs for Progress, lnc. located at 3050 Biscayne Blvd., Fourth Floor, Miami, FL 33137 and Link Havana One -Stop Career Center, operated by Youth -Co -Op, Inc. located at 701 S.W. 27 Avenue, Miami, FL 33135. In order to exercise independent fiscal and programmatic oversight, the SFWB, inc. shall not be a direct provider of intake, assessment, eligibility determinations, or other direct provider services. Grant funds from the City shall be added to the contracts of the aforesaid Service Providers operating One -Stop Career Centers in the City of Miami, and the aforesaid Service Providers shall perform any and all employment services set forth in the Statement of Work and attached hereto as Exhibit A. 2. TERMS AND TIME OF PERFORMANCE: The term of this Agreement shall be from April 1, 2005 to June 30, 2005. 3. TOTAL PAYMENT: Subject to the availability of funds, the maximum amount payable as a Grant by the City to SFWB, Inc. shall be $49,500. 4. STATEMENT OF WORK: SFWB, Inc. agrees to seek to enter into a contractual relationship with each of the aforesaid Service Providers as independent contractor to render employment services in accordance with the Statement of Work incorporated herein and attached hereto as Exhibit A. Any modification to the Statement of Work attached hereto as Exhibit A shall not be effective until approved by the City, SFWB, Inc. and the aforesaid Service Providers in writing. SFWB, Inc. agrees to render services in accordance with the Statement of Work incorporated herein and attached hereto as Exhibit B. Any modification to the Statement of Work attached hereto as Exhibit B shall not be effective until approved by the City and SFWB, Inc. in writing. 5. CONTINGENCY: This Grant Agreement shall not be effective until a written Agreement between SFWB. Inc. and the aforesaid Service Providers is executed and said Agreement incorporates the Statement of Work attached hereto as Exhibit A. 6. TERMINATION WITHOUT CAUSE: The City and SFWB, Inc. each may terminate this Agreement without cause by providing thirty (30) days prior written notice to the other party. Page 1 of 10 7. BUDGET: Both Parties have reviewed and agreed to the budget incorporated herein and attached hereto as Exhibit C. All expenditures or costs shall be made in accordance with the budget. Any modification to the budget shall not be effective until approved by the City and the SFWB, Inc. in writing. 8. WORKING CAPITAL ADVANCE & DRAW DOWNS: The City shall advance SFWB, 4nc. $1 6,500.00 in order to provide the designated service providers with sufficient cash to commence the services detailed in the Statement of Work. Thereafter, SFWB, Inc. shall submit a monthly request to draw down necessary funds to allow the designated service providers to continue providing services, totaling no more than the $49,500 detailed in Total Payment in Section 3. All funds provided by the City, via the capital advance and the draw downs, shall be justified by SFWB, Inc. in the Financial Close-out Package (FCOP) within forty-five (45) days of the expiration of this Agreement. The FCOP shall consist of a cumulative expenditure report, payroll registers, invoices, receipts and any other proof of expenditures incun-ed under this Agreement. 9. INDEPENDENT CONTRACTOR: The City and the SFWB, Inc. understand and agree that the aforesaid Service Providers are independent contractors and no provision of this Agreement shall be construed as creating an agency or employment relationship between the City, the SFWB, Inc. or either of the aforesaid Service Provider or their employees. 10. INDEMNIFICATION: SFWB shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attomey's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of SFWB or its employees, agents or subcontractors (collectively referred to as "SFWB"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the lndemnitees, or any of them or (ii) the failure of the SFWB to comply with any of the paragraphs herein or the failure of the SFWB to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. SFWB expressly agrees to indemnify and hold harmless the lndemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of SFWB, or any of its subcontractors, as provided above, for which the SFWB's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 11. AUDIT AND INSPECTION OF RECORDS: The SFWB, lnc. shall permit the City or their designees, or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt copy or transcribe SFWB, Inc.'s records during the term of this Agreement and for a period of five (5) years following termination of this Agreement or final payment hereunder, whichever is later, to assure compliance with the terms hereof, or to evaluate the SFWB, Inc.'s performance hereunder. The SFWB, Inc. shall also permit these same described entities to monitor all activities conducted by the SFWB, lnc. pursuant to the terns of this Agreement. The monitoring agency may, in its sole discretion, deem necessary or appropriate such monitoring which may consist of internal evaluation procedures, examination of program data, special analyses, on -site checks or any other procedure. 12. PUBLIC RECORDS: SFWB, Inc. and the City shall allow public access to all documents, papers, levers, or other material in accordance with the provisions of Chapter 119, Florida Statutes, made or received by the SFWB. Inc. or the City with respect to the provisions of this Agreement. Failure of the SFWB. Inc. or the City to allow such public access in accordance with Page 2 of 10 state and federal law shall result in the immediate termination of this Agreement by the City or SFWB, Inc., as applicable. 13. MODIFICATION: No modification• or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and SFWB, inc. 14. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The SFWB, Inc. and the City shall comply with all applicable federal, stale, and local laws, codes, ordinances, rules, and regulations as same may be amended from time to time, in performing their duties, responsibilities, and obligations pursuant to this Agreement. 15. DEFAULT: ]f SFWB, Inc. fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then SFWB, Inc. shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to SFWB, Inc., terminate this Agreement. if the City fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then the City shall be in default. Upon the occurrence of a default hereunder the SFWB, Inc., in addition to all remedies available to it by law, may immediately, upon written notice to the City, terminate this Agreement. 16. CERTIFICATIONS OF CONDUCT: The SFWB, Inc. and the City shall comply with all federal, state and local laws related to conflict of interest, nepotism and criminal and fraudulent activities. 17. SEVERABILITY: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the SFWB, Inc. or the City elect to terminate this Agreement without cause. 18. JOINT PREPARATION: The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 19. APPLICABLE LAW AND VENUE: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit of Miami -Dade County, Florida. 20. NONDISCRIMINATION: The SFWB, Inc. and the City shall comply fully with the nondiscrimination and equal opportunity provisions of the following laws: A. Section 188 of the Workforce investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, ages, disability, political affiliation or belief and against beneficiaries on the basis of either citizenship/status as a lawful admitted immigrant authorized to work in the United States or participation in any WIA Title ] — financially assisted program or activity. B. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination against qualified individuals with disabilities. C. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities. Page 3of10 iM 1 D. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. E. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The SFWB, Inc. also assures that SFWB, Inc. shall comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to SFWB, Inc.'s operation of the WIA Title 1 — financially assisted program or activity and to all agreements the SFWB, Inc. makes to carry out the WIA Title 1— financially assisted program or activity. The SFWB, Inc. understands the United States has the right to seek judicial enforcement of this assurance. 21. ASSIGNMENT: This Agreement shall not be assigned by the SFWB, lnc. or by the City, in whole or in part, without the prior written consent of the other party, in which event the consent shall not be unreasonable withheld. Page 4 of 10 22. NOTICES: 1t is understood and agreed among the parties that written notice shall be mailed or delivered to the addresses set forth below and shall constitute sufficient written notice. The parties designate the following: For South Florida Workforce Board, Inc.: Ms. Edith Humes -Newbold Interim Executive Director South Florida Workforce Board, lnc. 7300 NW 19th Street, Suite 500 Miami, Florida 33126 For the City of Miami: Mr. Joe Ariolla City Manager The City of Miami 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Page 5 of I0 The undersigned approve and agree to the terms and conditions set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. By: SOUTH FLORIDA WORKFORCE BOARD, INC. Edith Humes -Newbold interim Executive Director ATTEST: CITY OF MIAMI, a municipal corporation By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez, City Attorney Dania F. Carrillo, Administrator City Attorney Risk Management Page 6 of 10