HomeMy WebLinkAboutMods. - Workforce Contracting PolicyAttachment 1
i.
MODIFICATIONS TO
WORKFORCE FLORIDA, INC. CONTRACTING POLICY
BACKGROUND:
The following policy was established in accordance with proviso language for Specific
Appropriation 2214 of the 2010 General Appropriations Act and the 2010 Appropriations
Implementation Bill and continues in accordance with Specific Appropriati.on 2006 of the 2011
General Appropriations Act.
The proviso language for Specific Appropriation 2006 prohibits the use of state or federal funds
by a regional workforce board "for any contract exceeding $25,000 between a regional
workforce hoard and a member of that. board .that has. any relationship with the contracting
vendor, unless the contract has been reviewed by the Agency for Workforce Innovation and
Workforce Florida, Inc." The proviso language is incorporated into and made a part of this
policy.
POLICY:
I) Definitions.
For the purposes of this policy, the following definitions apply:
a) "Board" means one of Florida's twenty-four regional workforce boards or Workforce
Florida. Inc.
b) "Contract" means a written agreement funded by state or federal funds, to which a
regional workforce board or Workforce Florida, Inc. ("WFI") is one of the parties. It
includes the initial contract and all amendments, renewals or extensions. For
purposes of this policy, "contract" includes the proposed contract. This term does not.
include:
i) retail purchases for which no written contract is executed; and
ii) the purchase of utility services for use by a board.
iii) staff employment contracts (other than contracts with members of the board or
relatives of board members)
iv) membership fees and sponsorships to professional organizations
c) "Entire board" means the complete membership of the board at the time a contract is
submitted to a vote. It includes the board member who has a relationship with the
contracting vendor and who therefore must abstain on the vote on the contract.
Mem ership of theooard includes non --voting. members.-
d) "Quoni i" means that minimum number of menm.bers of the board required to be
present in order for the board to transact business as established by the board's
bylaws (or, in the absence of bylaws, as has otherwise been established by the board.)
e) "When a quorum has been.. established" means the contemporaneous meeting of a
sufficient number of members to constitute a quorum, in person and!or through
accepted electronic means.
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f) "has any relationship with the contracting vendor" means the member is an owner or
a principal of the vendor, or a principal of the vendor has retained the member, or the
parent organization or subsidiary of a corporate principal .of the vendor has retained
the member or a member's known relative or member's business associate is an
owner of the vendor. For purposes of this policy, vendor, contractor and subrecipient
are the same.
g) "benefit financially from a contract" means the special private financial gain to a
member, a special private financial gain to any principal which retains the member,
the special private financial gain of the parent organization or subsidiary of a
corporate principal which retains the member or the special private financial gain to
any member's relative or business associate or to a board employee and such benefit
is not remote or speculative. "Personally benefit financially" means a special private
financial gain to a member only.
h) "Owner" means any ownership interest in a privately owned contracting entity or a
majority interest in a publicly held contracting entity.
i) "Principal of a contractor" means an owner or high level management employee with
decision making authority.
j) "Relative" means father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, or daughter-in-law. § 112.3143(1)(b), Fla. Stat.
k) "Utility services' include telephone, cable, electricity, water, gas, waste and sewage
services and other similar services.
1) "federal, state or other governrnental workforce programs" means Incumbent -Worker
Training (s. 445.003(3)(a)(3), F.S.), Quick Response Training (s. 288.047, F.S.),
Employed Worker Training, On the Job Training, customized training and other One -
Stop training provider services.
11) Prohibition Against A Board Contracting With Its Board Member
No workforce board (Workforce Florida, Inc. or a regional workforce board) shall enter into a
contract with one of its own board members, with an organization represented by its own board
member or with any entity where a board member has any relationship with the contracting
vendor.
At a board's discretion, the following may be exempted from the above paragraph.:
a) A. contract with an agency (as defined in s. 112.312(2), including, but not limited to,
those statutorily required to be board members) when said agency is represented by a
board member and said member does notpersonally benefit financially - from such
contracts;
b) A contract with a board member or a vendor (when a board member has any
relationship with the contracting vendor) when the contract .relates to the member's
appointment to the board under Pub. L. No. 105 220, ("Workforce Investment Act")
Title 1, s. 117(b)(2)(A)(vi) j"representatives of the one -stop partners].
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c) A contract with a member receiving a grant for workforce services under federal,
state or other governmental workforce programs.
d) A contract between a board and a board member which is not exempted under
paragraphs II(a), II(b) or II(c) where the board documents exceptional circumstances
and/or need and the board member does not personally benefit financially from the
contract. Based upon criteria developed by \VF'I, AWI shall review the board's
documentation and assure compliance.
Bach contract which is exempted from the general prohibition in paragraph II must meet the
requirements set forth in paragraph III below, including, but not limited to, the requirements of
the Workforce Investment Act of 1998 "conflict of interest" provisions. However, since the
.proviso language for Specific Appropriation 2006 requires WFI to perform the review and
approval process pertaining to regional workforce board contracts, -WTI contracts shall not be
subject those provisions of this policy pertaining to review and approval processes.
III) Requirements of Section 445.007.
A board must comply with all requirements of section 445.007 prior to contracting with a board
member or other person or entity who could benefit financially from a contract (as defined in
paragraph I(g) above). These requirements are:
a) All contracts between the board and a board member or other person or entity who
may benefit financially from a contract (as defined in paragraph I(g) above) must be
approved by a two-thirds vote of the board when a quorum has been established and
the approval of such contracts shall not be delegated to staff or committees.
b) The fact that a board Member or other person or entity could benefit financially from
the contract (as defined in paragraph I(g) above) must be disclosed in the meeting,
and made part of the minutes of the meeting before the vote is taken. The board
member's absence from the meeting does not relieve the board from the disclosure
and 2/3 vote requirements, .All other known conflicts must be disclosed before the
vote. If a board member discovers a conflict of interest after the vote; then the
conflict must be disclosed in a procedure consistent with s. 112.314 3(4)(b). Board
members who could benefit financially from the contract or who have any
relationship with the contracting vendor (as defined in paragraph l(f) above) must.
abstain from voting on the contract. A board member's designee cannot vote in. the
place of a board member who is required 10 abstain.
c) Board contracts equal to or greater than $25,000 shall not be executed prior to the
written approval of WFI.
d) The board must submit all contracts equal to or greater than S25,000 with board
members or other persons or entities who could benefit financially from the contract
to the Agency for Workforce innovation ("AWI") along with d.ocumenta.tion, as
specified by this policy, demonstrating compliance with section 445,007.
e) Contracts under $25,000 with a board member or other persons or entities who could
benefit financially from the contract (as defined in paragraph I(g) above) must be
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approved by a two-thirds vote of the board when a quorum has been established and
meet the other requirements of s. 445.007, but are exempt from the AWI and WW FI's
review and recommendation process and do not need to be reported..
f) Contracts with a board member or other persons or entities Who could benefit
financially from the contract (as defined .in paragraph 1(g) above) in which the board
is receiving monies or other compensation (such as a board member paying rent to the
board or paying for board services) are exempt from this policy.
g) The term "contract" includes the initial contract and all amendments, renewals, or
extensions. Renewals or extensions of contracts with a board member or persons or
entities who could benefit financially' from the contract must be approved under the
same procedure as if the renewal or extension were an original contract. Any
amendments to a contract which could benefit financially a board member or another
person or entity (as defined in paragraph I(g) above),niust be approved under the
same procedure as if the amendment were an original contract. Any amendments
which do not benefit financially a board member or other person or entity (as defined
in paragraph I(g) above) may be approved by a regular majority vote where there is a
quorum according to board rules and/or bylaws.
h) All other requirements of section 445.007(1) must be met. For example, a board
member must continue to disclose any conflict of interest in a manner that is
consistent with the procedures outlined in s. 112.3143.
i) In order to comply with the requirements of section 445.007, a board's policy shall
advise and require board employees to disclose known conflicts of interest and notify
the board of any contracts which may benefit them personally. In order to comply
with the requirements of section 445.007, a board's policy shall advise and require all
parties to a contract to disclose all known conflicts of interest and notify the board of
all board members or other persons or entities known to benefit financially from the -
contract (as defined in paragraph (g) above).
j) A contract which is initially subject to the requirements of s. 445.007 due to a board
members; an employee's or another person's or an entity's conflicts of interest at the
time of approving the contract is not subject to these procedures after the departure of
the member from the board me wbership, the departure of the employee from the
board's employ or other actions has removed the conflicts of interest.
k) The above requirements do not eliminate or diminish the board's obligations to
comply with Section 11.7(g) of the Workforce Investment Act of 1998 (Public Law
105-220) ("WIA") "Conflict of Interest" procedures.
IV) Review criteria.
Contracts equal to or greater than $25,000 with a board member or other person or entity who
could benefit financially from the contract (as defined in paragraph I(g) above) must be reviewed
by AWI to ensure that these requirements have been met;
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a) The board approved the contract with a two-thirds vote of the board when a quorum
has been established;
b) Board members who could benefit financially from the contract or hoard members
who have any relationship with the contracting vendor disclosed any such conflicts
prior to the board vole on the contract; and
c) Board members who could benefit financially from the contract or board members
who have any relationship with the contracting vendor abstained from voting.
fir) Required Documentation.
For each contract equal to or greater than $25,000, the board must electronically submit after the
board's approval of the contract a completed contract information form certified by the board
chair as correct and true to [identify mailbox address] containing the following information:
a) Identification of all parties to the contract
b) Description of goods and services to be procured.
c) Value of the contract, contract renewal or contract extension..
d) Contract
e) Contract number or identifying information, if any
f) Identification of board member or employee whose conflict of interest required the
board's approval of the contract by 2/3 vote.
g) The nature of the conflict of interest in th.c contract.
h) A certified board .membership roster listing all members on the board at the time of
the vote on the approval of the contract with a vote tally indicating attendance or
absence at the meeting and for those in attendance, the affirmative and negative votes
and abstentions for each member.
i) Dated and executed conflict of interest forms, which are consistent with the
procedures . outlined in s. 112.3 7.43, submitted at or before the board meeting, for
board members who have any relationship with the contracting vendor (as defined i.n
paragraph I(f) above)
j) Other information as specified on the contract information form.
A.1A,71 and WFI will review this documentation to ensure compliance with the statutory
requirements listed in paragraph III, above. Failure to timely provide all required documentation
or failure to complete the form shall result in immediate disapproval of the contract and require
resubmission of documentation and form. AWI «rill electronically submit in writing to WFI
within five (5) business days of receiving all of the required documentation its recorninendation
whether the statutory requirements were met. WFI will then electronically transmit in Writing
within three (3) business days after receipt of the AWI's written recommendation i.ts approval or
disapproval , The board may not execute the contract until WTI approves the contract.
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VI) Request for Review When Contract Approval Is Denied. .
A party to the contract may request a review of WFI's disapproval of a contract. Strict
compliance with the following procedures is required.
a) The request for review must be in writing, must state specific grounds for review, and
must provide all information required for review of the stated grounds. Failure to state
specific grounds may he cause for denial of the .request without further review.
b) The request for review must be received by WFI not later than ten (10) calendar days
from the date of WFI's denial and may be submitted electronically to [identify name
of electronic mailbox] or by any other means of delivery, i.e. mail service, hand
delivery or facsimile. Any request for review that is not received by WEI within this
timeframe will be rejected without further consideration.
c) Within seven (7) calendar days of receipt, the WFI President or designee will issue a
final decision on the request for review. The Chair of Workforce Florida or its Board
of Directors may direct the President to present such reviews to the Executive
Committee. No review under this policy will be presented to the WFI Board of
Directors unless, at the discretion of the Chair, such full board review is deemed to be
necessary.
VII) Effective Dates of Policy
a) These modifications shall be in effect upon WFI's adoption. The Workforce Florida,
Inc. Contracting Policy adopted May 13, 2010 shall be in effect until the adoption of
these modifications.
h) All references to the Agency for Workforce innovation or AWI shall change to the
Department of Economic Opportunity upon the effective date established by law
without further modification of this policy.
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CONTRACT INFOR VIATION FORM
Attachment 1
This form is to seek approval of a contract valued at $25,000 or more involving a conflict of interest of
board members or employees. All requested information is required. Failure to provide complete
information may result in disapproval of the contract.
came before the
hereby certify the following information regarding a contract that
(Regional Workforce Board).
a. Identification of all parties to the contract:
b. Description of goods and services to be procured:
c. Value of the contract/renewal/extension:
d. Contract term:
e. Contract number or other identifying information, if any:
f, identification of board member or employee whose conflict of interest required the board's approval of
the contract by 2/3 vote.
g. The nature of the conflicting interest in the contract:
h. The board member with the conflict of interest was/was not present when the board voted to approve
the contract.
i. A certified board membership roster listing all members on the hoard at the time of the vote on the
approval of the contract with a vote tally indicating attendance or absence at the meeting and for those in
attendance, the affirmative and negative votes and abstentions for each member.
j. Dated and executed conflict of interest forms, which are consistent with the procedures outlined in s.
12.3143, submitted at or before the board meeting, for board members who have any relationship with
the contracting vendor (as defined in paragraph I(f) of the Workforce Florida, Inc, contracting policy.)
I certify that the information above is true and correct.
Date filed
Signature of Board Chair*
or designee of the Board
* Must be certified and attested to by the Board Chair or designee of the Board.
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DISCLOSURE OF BOARD MEMBER'S OR EMPLOYEE'S
CONFLICT OF INTEREST IN THE CONTRACT
I, , am a board member / an employee of the board (circle
one). I hereby disclose that:
I could benefit financially from the following contract (provide name of parties to contract and
description of the contract):
I could benefit financially from the contract in the following manner:
"Benefit financially from a contract" means the special private financial gain to a member, a
special private financial gain to any principal which retains the member, the special private
financial gain of the parent organization or subsidiary of a corporate principal which retains the
member or the special private financial gain to any member's relative.or business associate or to
a board employee and such benefit is not remote or speculative.
Date filed Signature of Board Member/Employee
NOTICE: CONFLICTS OF INTEREST REGARDING BOARD MEMBERS AND BOARD
EMPLOYEES MUST BE DISCLOSED PRIOR TO THE BOARD'S VOTING TO APPROVE.
THE CONTRACT; BOARD MEMBERS WHO BENEFIT FINANCIALLY OR WHO HAVE
A RELATIONSHIP WITH THE CONTRACTING VENDOR MUST ABSTAIN FROM THE
VOTE, AND THE CONTRACT MUST BE APPROVED BY A 2/3 VOTE OF THE BOARD
WFIEN A QUORUM HAS BEEN ESTAI3.L;ISHED. COMPLETION OF THIS FORM DOES
NOT IN ANY WAY SUTERCEDE OR. SUBSTITUTE FOR COMPLIANCE WITH
CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS OF SECTION 11.2.3143, FLA.
STAT. OR SECTION 117(g), WIA,
Attachment 1
CONTRACTOR DISCLOSURE AND CERTIFICATION
For purposes of the contract between,:..% -. r,,t:.f (Regional Workforce
Board) and .' (contractor), the .following disclosure is made:
The principals* and owners** of the contracting entity:
-'have no relative who is a member of the board;
have a relative who is a member of the board, whose name is
There is / not (:circle one) a principal or owner who is a member of the board. I.f applicable,
the principal T,; or owner's name is
There is ; is:not (circle one) a principal or owner who is an employee of the hoard. If applicable;
the princip i7"s car ovrmer's name is
* "Principal" means an owner or high level .management employee with decision -making
authority.
**"Owner" means a person having any ownership interest in the contractor.
I hereby certify that the information above is true and correct.
Date filed
j3e r4"E4
Printed Name
thori ed Representative
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Exhibit A
`
CITY OF MKAMI CAREER CENTER
750'N.W. ZO"' 3�o�cx` 4 Floor, Miami, Florida
FACILITY BUDGET FOR REFURBISHMENT COSTS
1. Partial removal of existing wall to install one entry double glass door and repositioning of
electrical outlets.
'69S.0O
$ 3,695.00
2
Build ou1ofDinedoo 0�ioe and2 |ntemiovv Rooms
$ 5'419.00
l
Adjustments tmA/C Supply atDirectors Office
$ 3,695.00
4.
Installation staUatiunofNew5iokinLoungeRoom
$ 2,709.00
5
|n��Uodonof[abinet�ioLoun�eRoom
$ 3,695.00
6.
installation of New Doors, one (1) Hallway Double Glass Door and 3 Internal Office Doors
$ 7'389.00
7 �
Additional
SI2'3I5.00
8.Touch-up
Painting
$ 7'389.0O
g.
Contingency
$ 3'694.00
Exhibit B
CODE OF BUSINESSETHICS AFFIDAVIT
Code of Miami -Dade County Section 2-8.1(i) .
I, being duly sworn, hereby state and certify that this firm has adopted a Code of Business Ethics that is fully
compliant with the requirements of Section 2-8.1(i) of the Code of Miami -Dade County as amended. I further
acknowledge that failure to comply with the adopted Code of Business Ethics shall render any contract with Miami -
Dade County voidable, and subject this firm to debarment 'from County work pursuant to Section 10-38(h)(2) of the
Code of Miami -Dade County as amended. 1 further acknowledge that failure to submit this affidavit shall render
this firm ineligible for contract award.
By: 46
JPrinted Name of Aff silt and -title '4> '''Ati( 4 rederal Employer Identification Number
f 20
Si gnaturet Aft`tant
Date
Printed Name of Firm
1
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this =; day of
20.:
l-leiShe is personally known to me or has presented as identification.
Type of identification
Signature of Notary
Print or Stamp Name of Notary
.Notary Public — State of
Serial Number
Expiration Date
ELiZABETH M. ALB0-GONTA? EZ
MY COMMISSION EE 088527
EXPIRES: July 2, 2015 II'
Bonded Thu Notary Public Underwriters11
vat 'I
Notary Seim